End User License Agreement
Introduction
This End User License Agreement ("EULA") is a binding agreement between Handbid, Inc. ("we" or "us") and you ("user"), covering the Handbid Auction Client Application (the "Licensed Application"). By downloading, installing, or using the Licensed Application, you agree to be bound by the terms of this EULA and Handbid's Terms of Service available at https://handbid.com/legal/user-terms, which are incorporated herein by reference. Apple Inc. and Google, Inc. are not parties to this agreement and have no responsibility for the Licensed Application or its content. Handbid alone bears responsibility for the Licensed Application and its content. In the event of any conflict between this EULA and Apple's iTunes App Store Usage Rules or Google Play Terms of Service, those platform rules take precedence. Some features of the Licensed Application may require the purchase of additional products or services.
1. License Grant and Restrictions
Handbid grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Licensed Application on a single iOS or Android device that you own or control, solely for your personal, non-commercial use, in accordance with the terms of this EULA.
1.1 Prohibited Activities
You may not:
- Decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of the Licensed Application
- Create derivative works of or modify the Licensed Application in any way
- Sell, redistribute, sublicense, rent, lease, or otherwise transfer or distribute the Licensed Application
- Use the Licensed Application for any commercial purpose
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Licensed Application
You must preserve all copyright, trademark, and other proprietary notices on any permitted copies of the Licensed Application.
1.2 Automatic Termination
This license terminates automatically and without notice if you violate any provision of this EULA. Upon termination, you must immediately uninstall and delete all copies of the Licensed Application.
2. Privacy Policy
Handbid collects and uses information in accordance with its Privacy Policy, available at https://www.handbid.com/privacy-policy, which is incorporated into this EULA by reference.
3. Support
Handbid has no obligation to provide updates, maintenance, or support for the Licensed Application. Any support provided is at Handbid's sole discretion.
4. Proprietary Rights
Handbid exclusively owns all patents, copyrights, trademarks, and trade secrets in and to the Licensed Application. The Licensed Application is protected by United States and international copyright laws. All materials associated with the Licensed Application — including logos, design, text, graphics, and software — are the sole property of Handbid. Trademarks and service marks belong to their respective owners and may not be used without permission.
5. No Warranty
THE LICENSED APPLICATION IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No warranty is made with respect to data received or accessed through the Licensed Application, including the accuracy of information provided by clients or third parties.
6. Your Indemnification Obligations
You agree to indemnify and hold harmless Handbid and its managers, members, officers, employees, affiliates, agents, and clients from and against any and all claims, demands, costs, expenses, liabilities, damages, and obligations (including reasonable legal fees) arising from or related to your use of the Licensed Application. This obligation applies to third-party claims regardless of the legal theory asserted.
7. Limitation of Liability
HANDBID WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE LICENSED APPLICATION, EVEN IF HANDBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These limitations form an essential basis of the agreement between you and Handbid and do not apply to the extent prohibited by applicable law.
8. Term, Termination, and Amendment
This EULA remains in effect until terminated. You may terminate this EULA at any time by uninstalling and permanently deleting the Licensed Application from your device.
Handbid may terminate or amend this EULA at any time by providing individual notice to you or by posting notice at www.handbid.com. Upon termination for any reason, all rights granted to you under this EULA immediately cease and you must promptly uninstall and delete the Licensed Application.
9. Governing Law and Jurisdiction
This EULA is governed by the laws of the State of Colorado as applied to contracts made and performed wholly within Colorado. You irrevocably submit to the exclusive jurisdiction of the United States District Court for the District of Colorado and the state courts of Douglas County, Colorado for any dispute arising under or related to this EULA.
You waive any claims regarding personal jurisdiction, inconvenient forum, or improper venue.
10. Legal Compliance
You represent and warrant that:
- You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
- You are not listed on any U.S. Government prohibited or restricted parties list
11. Apple-Specific Provisions
The following provisions apply to the extent you access the Licensed Application through Apple's App Store:
- Apple has no obligation to furnish maintenance or support services for the Licensed Application.
- If the Licensed Application fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price. Apple has no other warranty obligation with respect to the Licensed Application.
- As between Apple and Handbid, Handbid is solely responsible for addressing your claims relating to the Licensed Application, including: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- Handbid is solely responsible for investigating, defending, settling, and discharging any third-party intellectual property infringement claim relating to the Licensed Application.
- Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of the terms of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
Contact
Handbid, Inc.
9200 E Mineral Ave, #350
Centennial, CO 80112
Attention: Mobile Apps Service
Email: mobileapps@handbid.com