End User License Agreement
This End User License Agreement (the "Agreement") is a legal document that contains the terms and conditions under which you are granted a limited license to use the Software (as defined below).
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT.
BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR CONSENT WHEN YOU FIRST INSTALL THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. LIKEWISE, BY USING, COPYING OR INSTALLING THE SOFTWARE, YOU AGREE TO ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE, COPY OR INSTALL THE SOFTWARE. PLEASE ALSO UNINSTALL THE SOFTWARE FROM ALL DEVICES OWNED OR CONTROLLED BY YOU.
This Software is licensed to you by Bullet D. Mobile (a company registered at Pastoor Cooremansstraat 3, 1702 Dilbeek, Belgium, VAT BE0828.729.396) and, where applicable, by Bullet D. Mobile's suppliers. The term "Software" includes all firmware programs and associated files provided with the Software; all modified versions and upgrades or enhancements to such programs (such as those provided through online updates); and all subsequent versions of such programs and all copies of such programs and files. The Software does not include Open Source Software (as defined below).
The term "you" means the purchaser, recipient or other end user of the Software. "You" may also mean a person who has downloaded the Software from an authorized website such as http://www.bullet-mobile.store or an authorized app store or marketplace such as the Apple App Store or Google Play (each such app store or marketplace being referred to hereinafter as an "App Store" or "App Stores" in the plural).
- ACCOUNTS AND SECURITY
You are required to complete the registration form on the sign-up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will provide an e-mail address, username and password for your Bullet D. Mobile account. A single user account gives you direct access to all services and applications labeled "Business" (Or Air, BrushLy, Okane, ReLoad).
You are responsible for ensuring and maintaining the security of your account, username, passwords, and files and are responsible for all uses of your account and of the Services in your name or on your behalf. Bullet D. Mobile reserves the right to refuse the registration of or to cancel the accounts that it deems inappropriate. You must promptly notify Bullet D. Mobile if you discover or suspect that someone has accessed your account without your permission.
By creating a Bullet D. Mobile account, you consent to receive electronic communications from Bullet D. Mobile (e.g. via email or by posting notices on our Services). These communications may include notices about your account (e.g. payment authorizations, password changes and other transactional information) or other communications, and are part of your relationship with Bullet D. Mobile. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
The Bullet D. Mobile Support Service will be the Single Point of Contact (SPOC) for call and incident handling. They are the owner of all IT related incidents, requests, problems and changes tickets. The Support Service coordinates the first and second line service for all contracted service matters. It performs incident management for the Bullet D. Mobile services.
All accounts and subaccounts remain property of Bullet D. Mobile.
- PLANS, PRICING AND INVOICING
When signing up for the Services, you agree to a monthly subscription or credit-based contract with Bullet D. Mobile. When you register for a subscription, you expressly acknowledge and agree that:
- a) Bullet D. Mobile is authorized to charge you a monthly fee for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and
- b) your subscription is continuous until you cancel it or Bullet D. Mobile suspends or stops providing access to the Services in accordance with these Conditions.
You can for certain Applications or Services, buy credits to use the Services. These credits are valid and usable on all of our Applications and Services linked to the same user account. The possibility of buying credits and their use is explained on the product and prices page of each of our Applications or Services (see list below).
Pricing in offers are valid for the period indicated in the offer, or, if no period is mentioned, for a period of fifteen (15) days. Unless stated otherwise, all prices are in Euros and excluding Belgian VAT (BTW). Bullet D. Mobile reserves the right to change the prices of the Services at any time during the period of the Agreement. The Customer will be notified of such change via an individual notification via e-mail or through the Services.
Invoices are payable and due within thirty (30) calendar days of the invoice date.
By providing a credit card or other payment method that Bullet D. Mobile accepts, you represent and warrant that you are authorized to use the designated payment method. In addition, you authorize Bullet D. Mobile (or a third party payment processor) to charge your payment method for the total amount of your subscription fees (and applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended until your payment has been processed. You must resolve any problem Bullet D. Mobile encounters in order to proceed.
Payment of an invoice, or a part thereof, implies the acceptance of the entire invoice and of the delivery of the invoiced Services.
In case of non-payment of an invoice on the due date:
- a) the Customer, as from the expiry date, automatically and without prior formal notice (‘ingebrekestelling’; ‘mise en demeure’), shall be liable to pay a delay interest of twelve (12) percent per year on the amount still due. The above interest is capitalized.
- b) the Customer shall also be liable to pay an additional fixed compensation for administrative costs amounting to ten (10) percent of the invoiced amount, with a minimum of seventy-five (75) Euros and a maximum of two hundred and fifty (250) Euros.
- c) the Customer shall pay any legal and extra-legal costs incurred for collecting the outstanding invoices.
- d) Bullet D. Mobile is entitled to exercise its rights under "Termination, Cancellation and Suspension".
Partial payments are always accepted with all reservations and without any acknowledgment or prejudice and are set off against, firstly, any outstanding legal costs related to the collecting of outstanding amounts, if any, secondly, the expired interests, thirdly, the compensation for administrative costs and finally, against the principal amount.
An invoice can only be protested in writing within a period of fourteen (14) calendar days after the date of invoice. After expiry of this period, the Customer is deemed to have accepted the invoice.
The Customer can only suspend a payment, if he demonstrates that Bullet D. Mobile has failed to comply with a contractual obligation and that he has priory informed Bullet D. Mobile thereof in writing. In any case, the amount of the suspended payment can only refer to that part of the Services that corresponds with the (alleged) non-compliance.
For more information on pricing and subscription plans, please see the pricing page for our various services/applications:
- TERMINATION, CANCELLATION AND SUSPENSION
Either party may suspend the Services or terminate the Agreement immediately, without any prior recourse to the court and without any further notice, if the other party (i) materially fails to perform any of its obligations under this Agreement, and such failure is not substantially remedied within twenty (20) working days after written notice from the other party to the failing party, reasonably specifying the nature of the failure; or (ii) becomes subject of bankruptcy, insolvency or a similar proceeding, or otherwise liquidates or ceases to do business.
You can cancel your subscription via your User Profile, accessible on each of our Applications. Such notice of cancellation must be given by the named owner of the account.
inactivity does not constitute automatic cancellation. Therefore, unless having cancelled your account in accordance with this section, you will continue to be charged for the subscription to the Services. All cancellation requests will take effect only at the end of then-current subscription period in which the cancellation request has been made, and you will be responsible for all fees and any applicable taxes and other charges incurred through the cancellation date. In the event you cancel your subscription, please note that Bullet D. Mobile may still send you promotional communications about Bullet D. Mobile, unless you opt out of receiving those communications by following the unsubscribe instructions provided in those communications.
The cancellation of your account does not entitle you to any refund or compensation in any way, also with regard to previous payments.
Bullet D. Mobile may suspend the provision of any or all Services or may terminate this Agreement at its sole discretion, without any prior recourse to the court and without any further notice, if the Customer fails to timely pay any undisputed amount due to Bullet D. Mobile pursuant to the Agreement, and does not cure such default within ten (10) working days after being given written notice by Bullet D. Mobile.
Service reconnection after suspension may require the payment of reasonable additional fees by the Customer.
- LICENSE GRANT.
Bullet D. Mobile hereby grants you the right to use: (i) for personal, non-commercial use, the following applications (Math Max), or (ii) for personal or commercial use, the applications labeled "Business" (Or Air). You may, under this license, (A) operate the Software; (B) if the Software is offered as a download to a personal computer or mobile device, create as many copies of the Software as are reasonably necessary for your own use provided that such use does not require individual user access, in which case you will be required to have an appropriate license for each user;
- LICENSE RESTRICTIONS.
The Software is made available to you on a limited license basis only as set forth in this Agreement. You have a non-exclusive right to use the Software in accordance with the terms of this Agreement. However, you may not (i) modify, adapt or create derivative works from the Software (except as may be permitted under an applicable open source license); (ii) lease, license, resell, rent, loan, redistribute or otherwise transfer (except as expressly permitted above), whether for commercial or other purposes, the Software; (iii) reverse engineer, disassemble, decrypt or decompile the Software, or otherwise attempt to convert the Software into a human-readable format, except and only to the extent that such activity is permitted by applicable law or Bullet D. Mobile is required to permit such activity under the terms of an applicable open source license; (iv) remove or alter any copyright, trademark or other proprietary notices contained in the Software; (v) use the Software to develop competing software in any manner not described in this Agreement; (vi) use the Software to transmit computer viruses or other types of harmful computer code, files or programs or to circumvent, disable or interfere with any security features of the Software; (vii) use the Software to obtain or mass-collect personally identifiable information of others, send unauthorized commercial messages or otherwise violate the privacy rights of any third party; or (viii) use the Software for any purpose that is unlawful and/or in any way inconsistent with the provisions of this Agreement. All rights not expressly granted by Bullet D. Mobile to you under this Agreement are rights reserved by Bullet D. Mobile. You will not acquire such rights, whether by legal estoppel, implication or otherwise.
- RESTRICTIONS ON SOFTWARE FROM APPLICATION STORES (App Store & Google Play).
If you have downloaded the Software from an Application Store, you are also subject to the Application Store's terms of use. These terms may impose restrictions on you that are not included in this Agreement or may relieve you of certain restrictions imposed by this Agreement. In addition, the application of the Application Store terms of use may override certain provisions of this Agreement that apply to the Software or result in a different application of the provisions of this Agreement. If use of the Software is subject to an Application Store's terms of use, any conflict or ambiguity between the provisions of this Agreement and the terms imposed by the Application Store shall be resolved by applying the Application Store's terms, but only to the extent necessary to resolve the conflict or ambiguity and without affecting the validity and effectiveness of the provisions of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, use of the Software means that you agree that it is your responsibility to understand the provisions of this Agreement as well as the terms of use of any Application Store relevant to the Software. If this Agreement relates to an application downloaded from the Apple App Store, the terms of the additional clause below relating to Apple also apply to you.
- UPGRADES AND UPDATES.
Although not required, Bullet D. Mobile may provide you with upgrades or updates to this Software. The provisions of this Agreement apply to any upgrade provided by Bullet D. Mobile as a replacement for and/or in addition to the original Software, unless such upgrade is accompanied by a separate end user license, in which case the provisions of such end user license shall apply. By choosing not to download and/or use an upgrade or update offered by Bullet D. Mobile, you understand that you may expose the Software to serious security risks or render it unusable or unstable.
- DATA AND PRIVACY.
Bullet D. Mobile is committed to protecting your privacy. Our goal is to provide you with a positive experience when using our applications, products and services, while keeping your personal information secure, as defined in the Bullet D. Mobile Privacy Policy (the "Privacy Policy"). Our privacy practices are described in our Privacy Policy, as well as in notices provided separately when you purchase or download an application, product or service. Your information will at all times be treated in accordance with Bullet D. Mobile's Privacy Policy.
- OPEN SOURCE SOFTWARE.
You hereby acknowledge that the Software may contain open source software. This license does not apply to free software included in the Software. Such open source software is governed by the terms and conditions of the applicable open source license. Nothing in this Agreement limits the rights granted to you under any OSS license or grants you any rights that would supersede any OSS license. You acknowledge that the OSS license is solely between you and the applicable OSS licensor. You must comply with the applicable terms of all open source software licenses, if any. Bullet D. Mobile is under no obligation to service or support any OSS or any software modified by you under an OSS license.
The term "open source software" means any software, software component or technology that is governed by an open source license. Open source licenses are generally licenses that allow the user to modify and distribute the source code of the software, but they can also apply to technology that is obtained and distributed exclusively in object code form. There are many examples of free software licenses, including: (a) the GNU General Public License (GPL) or Limited General Public License (LGPL); (b) the OpenSSL license; (c) the Mozilla Public License; and (d) the Apache license.
- INTELLECTUAL PROPERTY RIGHTS.
All ownership and intellectual property rights (including all copyrights, patents, trade secret rights, and industrial and commercial property rights) included in or associated with the Software (including any content incorporated into the Software), the associated printed documentation, and all copies of the Software are owned by Bullet D. Mobile or its suppliers. You are therefore required to treat the Software as you would any other material protected by international property rights laws and treaties and in accordance with the terms of this Agreement.
- THIRD PARTY PRODUCTS AND SERVICES.
The Software may contain links or other features to facilitate access to or connection with independent third party websites ("Referenced Sites"). These features are provided to you solely as a convenience. The Referred Sites are not under the control of Bullet D. Mobile. Furthermore, Bullet D. Mobile is not responsible for the content or practices of such Linked Sites, including any information or materials contained therein. You must use your own judgment in all your interactions with any Referred Site. You hereby waive any claim you may have against Bullet D. Mobile with respect to such Sites or third party products or services and your use thereof. We therefore urge you to read the terms and conditions and privacy policy of each third party site you choose to visit.
- INDEMNIFICATION.
In the event of a claim against Bullet D. Mobile, a lawsuit against Bullet D. Mobile, or financial loss or damage suffered by Bullet D. Mobile as a result of your breach of this Agreement, you will, to the extent permitted by law, be required to reimburse Bullet D. Mobile for the full amount of its loss, as well as reasonable amounts for expenses incurred by Bullet D. Mobile in connection with its attorneys' fees and costs, and court costs, except to the extent that Bullet D. Mobile itself contributed to such loss or damage.
- TERM.
This Agreement is effective when you click the "I Accept" button or when you use, copy or install the Software in any manner, which constitutes your acknowledgement and acceptance of the Agreement. Once accepted, this Agreement remains in effect until terminated. The limited license set forth in this Agreement will automatically terminate if you fail to comply with any term of this Agreement. You agree that, upon termination, you will immediately destroy all programs and documentation associated with the Software, including any copies you have made or obtained, and cease all use of the Software. If the Software has been installed on a personal computer or mobile device, you must uninstall it immediately. All provisions of this Agreement, except for Section 1 and the limited warranty set forth in Section 12 (first paragraph), survive termination.
- IMPORTANT NOTE ABOUT YOUR RIGHTS AS A CONSUMER.
It is not the intent of this Agreement to modify or exclude any statutory consumer protection rights that cannot be legally modified or excluded. You agree to use the Software in accordance with all applicable laws, including the laws of the jurisdiction in which you reside or in which you downloaded or used the Software.
Nothing in this Agreement is intended to or shall have the effect of limiting your rights under the laws of the European Union and/or the laws of your country of residence, including rights regarding the quality and fitness of the Software for a particular purpose and its conformity to the description given by us prior to your entering into this Agreement.
References to "special, indirect, consequential, punitive or incidental damages" in this Agreement mean any loss (i) not reasonably foreseeable by either party, (ii) known to you but not to us, and/or (iii) reasonably foreseeable by either party but which you could have avoided, including, but not limited to, loss due to viruses, malware or other harmful programs, or loss or damage to your data.
You agree to use the Software in accordance with all applicable laws, including without limitation the laws of the jurisdiction in which you reside or in which you downloaded or used the Software.
- GENERAL DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY:
YOU USE THE SOFTWARE AND RELATED PROGRAMS AT YOUR OWN RISK AND DISCRETION. YOU ASSUME FULL RESPONSIBILITY FOR (AND Bullet D. Mobile DISCLAIMS) LOSSES, LOSSES OR DAMAGES RESULTING FROM YOUR MISUSE OF THE SOFTWARE. Bullet D. Mobile IS NOT RESPONSIBLE FOR ANY INTENTIONAL MISUSE OF THE SOFTWARE BY YOU.
It is your responsibility to back up your system, including any information or data you may use or possess in connection with the Software. Bullet D. Mobile shall not be liable for any failure by you to do so.
The warranties and remedies set forth in this Agreement are exclusive and in lieu, to the fullest extent permitted by law, of all other warranties and remedies express or implied, whether oral or written.
- GENERAL PROVISIONS.
If any part of this Agreement or any of its provisions is held to be invalid or unenforceable under any particular law, such part or provisions shall be construed and enforced to the fullest extent permitted by such law and the remaining provisions of the Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between Bullet D. Mobile and you with respect to the Software and supersedes any contrary or additional provisions set forth in any purchase order or other document. No provision of this Agreement shall be excluded, modified or superseded except by a written instrument signed and accepted by Bullet D. Mobile and you. The content of the Bullet D. Mobile Privacy Policy referred to herein is, however, subject to change as indicated in this document. Bullet D. Mobile reserves the right to provide translations of this Agreement to its users for convenience. However, in the event of any conflict or inconsistency between the French version and a non-French version, the French version shall prevail subject to any provisions to the contrary imposed by local law. All of Bullet D. Mobile's suppliers are direct and intended third party beneficiaries of this Agreement, including the warranty disclaimers and limitations of liability set forth herein. Except as set forth in the preceding sentence, under no circumstances shall any person or entity that is not a party to this Agreement be entitled to enforce any of the provisions of the Agreement. No failure or delay in exercising any right or remedy shall operate as a waiver of such right or remedy (or any other). The language of this Agreement shall not be construed strictly for or against either party, regardless of who wrote the text in that language or was primarily responsible for writing it. You may not assign your rights and obligations under this Agreement and any attempted assignment by you shall be null and void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. In the event of any legal proceeding between the parties arising out of or relating to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief obtained or granted, costs and expenses (including attorneys' and expert witnesses' fees) incurred in such proceeding.
- GOVERNING LAW.
The information on the Bullet D. Mobile services and Software, as well as their publication, are governed by Belgian law.
The Court and the Courts of Brussels shall have exclusive jurisdiction to settle any dispute concerning this website or the Bullet D. Mobile Software, the information on this website, the websites and pages linked to it and their use by the visitor.
- THIRD PARTY SOFTWARE LICENSES
Our software often uses one or more of the following open source software:
ADDITIONAL CLAUSE REGARDING APPLE
(REQUIRED FOR APPLICATION SOFTWARE IN THE APPLE APP STORE ONLY)
Acknowledgement: You and Bullet D. Mobile acknowledge that (i) this Agreement is between Bullet D. Mobile and you alone, and not with Apple, Inc. ("Apple"); (ii) with respect to Bullet D. Mobile and Apple, Bullet D. Mobile, and not Apple, is solely responsible for the licensed application ("Application") and its contents. This Agreement does not provide rules for the use of the Application that conflict with the App Store Terms of Use as of the date you entered into this Agreement, and you acknowledge that you have had the opportunity to review the App Store Terms of Use.
Scope of License: The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Use, except that the Application may be accessed, acquired and used by other associated accounts via family sharing or volume purchase.
Maintenance and Support: Bullet D. Mobile is solely responsible for providing any maintenance and support services for the Application in accordance with applicable law. You and Bullet D. Mobile acknowledge that Apple has no obligation to provide you with maintenance and support services in connection with the Application.
Warranty: Bullet D. Mobile is solely responsible for the warranty contained in this Agreement, whether express or implied by law, to the extent not effectively excluded. If the Application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the Application. To the extent permitted by applicable law, Apple will have no further obligation of any kind with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to comply with a warranty will be the sole responsibility of Bullet D. Mobile.
Product Complaints: You and Bullet D. Mobile acknowledge that Bullet D. Mobile, and not Apple, is responsible for handling any complaints relating to the Application and your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) claims of non-compliance of the App with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Bullet D. Mobile's liability beyond what is permitted by applicable law.
Intellectual Property Rights: You and Bullet D. Mobile acknowledge that if a third party claims that the Application, or your possession and use of the Application, infringes its intellectual property rights, Bullet D. Mobile, and not Apple, will be solely responsible for investigating, defending, establishing and discharging any claim of infringement of intellectual property rights.
Third Party Contractual Provisions: You must comply with any applicable third party contractual provisions when using the Application, such as your wireless data service agreement.
Third Party Beneficiary: You and Bullet D. Mobile acknowledge and agree that Apple and its affiliates are third party beneficiaries of this Agreement and that, if you agree to the terms of this Agreement, Apple shall have the right (and shall be deemed to have agreed to the right) to enforce this Agreement against you as a third party beneficiary thereof.
Last review: April 01, 2023
Our websites:
- https://www.bullet-mobile.store/en/
- https://www.bullet-mobile.store/orair/en/
- https://www.bullet-mobile.store/okane/en/
- https://www.bullet-mobile.store/brushly/en/
- https://www.bullet-mobile.store/reload/en/
- https://www.bullet-mobile.store/mathmax/en/
Our apps:
