SmartNotes End‑User License Agreement (EULA)
Effective Date: 1 July 2025 | Last Updated: 1 July 2025
THIS END‑USER LICENSE AGREEMENT ("Agreement" or "EULA") IS A LEGAL CONTRACT BETWEEN YOU ("Licensee," "you," or "your") AND Mia Digital Solutions Ltd. ("Company," "we," "our," or "us") GOVERNING YOUR USE OF THE SMARTNOTES MOBILE APPLICATIONS, DESKTOP CLIENTS (IF ANY), EMBEDDED CODE, AND ASSOCIATED DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE"). BY INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
1. Grant of License
Subject to your compliance with this EULA and the Terms of Service, the Company grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to download, install, and use one (1) copy of the Software on each device that you own or control solely for your personal, non‑commercial use, unless you have entered into a separate enterprise agreement with the Company.
2. Restrictions
You agree that you will not:
Copy, reproduce, modify, translate, reverse‑engineer, decompile, disassemble, or create derivative works based on the Software or any portion thereof, except as expressly permitted by applicable law notwithstanding this restriction.
Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software to any third party.
Use the Software to develop competing products or services or to train any machine‑learning or artificial‑intelligence models without the Company’s prior written consent.
Circumvent, disable, or otherwise interfere with security‑related features of the Software, including features that enforce usage limits.
Use the Software in any manner that violates applicable laws or regulations, including export‑control laws and sanctions.
3. Ownership
The Software is licensed, not sold. The Company and its licensors retain all right, title, and interest, including all intellectual‑property rights, in and to the Software and any copies thereof. All rights not expressly granted to you in this EULA are reserved by the Company.
4. Updates & Upgrades
The Company may provide updates, patches, or upgrades to the Software ("Updates") at its sole discretion. Updates are deemed part of the Software and subject to this EULA unless accompanied by supplemental terms. The Company is not obligated to provide any Updates or to continue to provide or enable any particular features or functionality.
5. Data Collection & Privacy
Your use of the Software is subject to the SmartNotes Privacy Policy, which explains how we collect, process, and protect your personal data. By using the Software, you acknowledge that you have reviewed the Privacy Policy.
6. Third‑Party Components
The Software may include open‑source or third‑party components that are subject to separate license terms ("Third‑Party Licenses"). Such components are licensed to you under the terms of the applicable Third‑Party Licenses, which shall prevail over this EULA with respect to those components. A list of relevant Third‑Party Licenses is available upon request.
7. Termination
This EULA is effective until terminated. Your rights under this EULA will automatically terminate without notice if you fail to comply with its terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession or control. Sections 2, 3, 7‑12 shall survive termination.
8. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR‑FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID (IF ANY) FOR THE SOFTWARE WITHIN THE PRECEDING TWELVE (12) MONTHS OR (B) FIFTY U.S. DOLLARS (USD 50).
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected to your violation of this EULA or your unauthorized use of the Software.
11. Export Compliance
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to U.S. Government embargo or sanctions, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export and sanctions laws.
12. Governing Law & Dispute Resolution
This EULA shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to conflict‑of‑law principles. Any dispute arising under this EULA shall be submitted to the exclusive jurisdiction of the courts of İstanbul (Anadolu), unless mandatory consumer‑protection laws provide otherwise.
13. Severability
If any provision of this EULA is held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.
14. Entire Agreement & Order of Precedence
This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Company regarding the Software and supersedes all prior or contemporaneous understandings. In the event of conflict, the following order of precedence shall apply: (i) Third‑Party Licenses, (ii) this EULA, (iii) Terms of Service, and (iv) Privacy Policy.
15. Contact
If you have any questions regarding this EULA, please contact us at:
E‑mail: [email protected]
Web: https://miadigitalsolutions.com/contact
BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF THIS END‑USER LICENSE AGREEMENT.