1.1 This agreement is a legal contract between the individual, company, or organization (“User”) that has licensed a software product (“Product”) and Kala ApS (“Licensor” or “Application Provider”). The Product may only be acquired through Apple’s software distribution platform (“App Store”), Google’s software distribution platform (“Google Play Store”), or the Application Provider’s official website.
1.2 By installing and/or using any Product offered by the Licensor, the User acknowledges and accepts this agreement and agrees to be bound by its terms. These standard terms apply exclusively to Products offered by the Licensor, regardless of references or descriptions to other software or platforms herein. Products included in this agreement are licensed, not sold, to the User solely for use in accordance with this agreement’s terms. The license granted for the use of the Product is non-exclusive. The Application Provider reserves all rights not expressly granted to the User. The Product covered by this license is referred to as the “Licensed Application.”
2.1 The license granted to the User for the Licensed Application by the Application Provider is limited to a non-transferable license, which may only be used on devices owned or controlled by the User. This license does not grant the User the right to use the Application on devices not owned or controlled by the User, nor may the User distribute the Licensed Application to others.
2.2 The User may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. The User may not copy (unless explicitly permitted by the Licensor), decompile, reverse engineer, disassemble, attempt to extract the source code, modify, or create derivative works from the Licensed Application, its updates, or any part thereof. Any attempt to do so constitutes a breach of the Application Provider’s rights. These terms also apply to any updates provided by the Application Provider for this product, unless such updates are accompanied by separate terms, in which case the separate terms shall prevail.
3.1 The User agrees that the Application Provider may collect and use technical data and related information, including but not limited to information about the User’s devices, system, and software, which are used to facilitate upgrades, improve the product, provide product support, or deliver other services. The Application Provider may use this data provided it is in a form that does not personally identify the User.
4.1 This agreement is effective until terminated by the User or the Application Provider. The User’s rights under this license will automatically terminate if the User fails to comply with any terms of this agreement. Upon termination, the User must destroy all copies, full or partial, of the Licensed Application.
5.1 Use of the Licensed Application requires internet access. Any costs associated with internet or telecommunications providers are not included with the Licensed Application, and the User is solely responsible for these third-party expenses.
5.2 The Application Provider is not responsible for data or links entered, added, or modified by the User within the system. The User acknowledges that use of the Licensed Application is at their own risk.
5.3 The User acknowledges that the Licensed Application may contain material protected by intellectual property rights or other laws, including but not limited to copyright, and agrees not to use this material in any manner not permitted by law or the terms of this agreement.
5.4 The Application Provider reserves the right to modify and update the Licensed Application.
6.1 The User is obligated to inspect the Product immediately and no later than 14 days after receiving it, checking thoroughly for any potential defects.
6.2 If the User discovers or should have discovered defects present at the time of delivery, the User must promptly notify the Application Provider in writing, specifying the defects being claimed. Failure to notify promptly according to this procedure will result in the forfeiture of the right to claim such defects.
6.3 The Application Provider’s liability for defects is always and exclusively limited, at the Application Provider’s discretion, to either remedying the defect or delivering a replacement. If the Application Provider provides remedy or replacement, the User shall have no right to terminate the agreement or claim compensation or other forms of remedy due to such defects (delays in these circumstances shall not constitute grounds for claims).
6.4 If the Application Provider notifies the User that it is unable to remedy or replace the Product, the User has the right to terminate the agreement.
6.5 The Application Provider’s liability shall in no circumstances extend to damages unforeseeable at the time of contract formation. Furthermore, the Application Provider’s liability for any loss or damage is limited to one-third of the agreed contract sum (exclusive of materials if related to a service), with the Application Provider’s total maximum liability capped at DKK 10,000.00.
6.6 Regardless of the basis of the claim or the degree of negligence, the Application Provider shall not be liable for consequential damages or indirect losses, such as loss of operations, loss of time, loss of profit, consequential losses, loss of goodwill, failure to achieve expected savings, or similar.
6.7 The Application Provider is entitled to delegate remediation or replacement to service partners.
6.8 The Application Provider is not responsible for defects in the delivered Product caused by errors or negligence by the Application Provider’s subcontractors or otherwise attributable to subcontractor conditions. To the extent that the Application Provider has a valid claim against a subcontractor, the Application Provider hereby assigns this claim to the User, obliging the User to direct their claim directly against the subcontractor.
7.1 This agreement shall be governed by Danish law, and any disputes shall be resolved by the court in Aarhus, which is agreed as the exclusive jurisdiction.
