End User License Agreement
Last updated April 16, 2024
By downloading the Application from the Apple App Store and Google Play, and any update thereto (as permitted by this License Agreement), you indicate that you agree to be bound by all the terms and conditions of this License Agreement, and that you accept this License Agreement.
The parties to this License Agreement acknowledge that Apple and/or Google Play are not parties to this License Agreement and are not bound by any terms or obligations with respect to the Application, such as warranty, liability, maintenance, and support thereof. Hader Company, not Apple or Google Play, is solely responsible for the Licensed Application and its content.
This License Agreement shall not provide for the use of the Application rules that conflict with the most recent App Store Terms of Service. Hader acknowledges that it has had the opportunity to review the said terms and that this License Agreement does not conflict with them.
All rights not expressly granted to you are reserved.
1. Application
Hader: The Application) is part of the software that is a taxi ordering platform – and is intended for Apple and Android mobile devices. It is used to connect passengers with drivers to get from point A to point B with the push of a button.
The App is not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use this App. You may not use the App in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
2. Scope of License
2.1 You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed App on any Apple-branded or Google-branded products owned or controlled by you (the End User) and as permitted by the Usage Rules set forth in this Section and the App Store Terms of Service, except that this Licensed App may be accessed and used by other accounts associated with you (the End User, the Purchaser) via Family Sharing or Volume Purchase.
2.2 This License will also govern any updates to the Application provided by Licensor that replace, repair and/or supplement the original Application, unless a separate license is provided for such update in which case the terms of such new license will govern.
2.3 You may not share or make available to third parties (except to the extent permitted by Apple’s Terms and Conditions, and with the prior written consent of the Applicant), sell, rent, loan, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, merge, decompile, merge, remove, modify, merge, create derivative works or updates, adapt or otherwise attempt to derive the source code of the Application, or any part thereof (except with the prior written consent of the Applicant).
2.5 You may not copy (except as expressly permitted by this License and the Terms of Use) or otherwise modify the Application or parts thereof. You may only make and store copies on devices that you own or control for backup purposes under the terms of this License, the App Store Terms of Service, and any other terms and conditions applicable to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third party may access such copies at any time.
2.6 Violations of the above obligations, as well as attempts to commit such a violation, may be subject to prosecution and damages.
2.7 The Licensor reserves the right to modify the terms and conditions of the License.
2.8 Nothing in this License shall be construed to limit third party terms. When using the Application, you must ensure that you comply with the applicable third party terms and conditions.
3. Technical Requirements
3.1 The Licensor endeavors to keep the Application updated to be compatible with modified/new versions of firmware and new devices. You are not granted the right to require such updating.
3.2 You acknowledge that it is your responsibility to confirm and determine that the End User Device on which you intend to use the Application meets the technical specifications set forth above.
3.3 Licensor reserves the right to modify the technical specifications as it deems appropriate at any time.
4. Maintenance and Support
4.1 Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You may reach Licensor at the email address listed in the App Store or Google Play overview for this Licensed Application.
4.2 Hader and the End User acknowledge that Apple and/or Google Play have no obligation whatsoever to provide any maintenance and support services in connection with the Licensed Application.
5. Use of Data
You acknowledge that Licensor will be able to access and modify your downloaded Licensed Application Content and Personal Information, and that Licensor’s use of such materials and information is subject to your legal agreements with Licensor and Licensor’s Privacy Policy: https://www.hadertaxi.com/privacy-policy.
6. User Contributions
The App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the App and through third-party websites or applications. As such, any Contributions you submit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:
1. The creation, distribution, transmission, public display, or performance of, and the accessing, downloading, or copying of your Contributions does not and will not infringe upon the intellectual property rights of third parties. rights, including without limitation, copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and permit us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name, likeness, or likeness of each and every identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any person.
8. Your Contributions are not used to harass or threaten (within the legal meaning of those terms) any other person or to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or are otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are related to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
7. Contribution License
By posting your Contributions to any part of the Application or making Contributions available to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, sublicense, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may be made in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or later developed, and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership of your Contributions. You retain full ownership of all of your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions made by you in any area of the App. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any liability and refrain from taking any legal action against us with respect to your Contributions.
We have the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise change any Contributions; (2) reclassify any Contributions to place them in more appropriate locations on the App; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.
8. Liability
8.1 The Licensor’s liability in case of breach of obligations and damage is limited to intent and gross negligence. Only in case of breach of essential contractual duties (essential obligations) shall the Licensor also be liable in case of slight negligence. In any case, liability shall be limited to foreseeable and contractually usual damages. The above limitation shall not apply to injuries to life, limb or health.
8.2 The Licensor shall not be liable or responsible for any damages resulting from breach of duties in accordance with Section 2 of this Agreement. In order to avoid data loss, you shall make use of the backup functions of the Application to the extent permitted by the applicable third party terms and conditions of use. You understand that if you make modifications or tamper with the Application, you will not be able to access the Licensed Application.
9. Warranty
9.1 The Licensor warrants that the Application is free of spyware, Trojan horses, viruses or any other malicious software at the time of download. The Licensor warrants that the Application operates as described in the User Documentation.
9.2 No warranty is given for the Application that is not executable on the device, or has been modified in an unauthorized manner, or handled improperly or intentionally, or combined or installed with inappropriate hardware or software, or used with inappropriate accessories, regardless of whether by you or third parties, or if there are any other causes outside the scope of Hader’s influence that affect the executable ability of the Application.
9.3 You are requested to examine the Application immediately upon installation and notify Hader of any detected problems without delay by email provided in the Product Claims. A defect report will be considered and further investigated if sent by mail within a period of ninety (90) days after its discovery.
9.4 If we confirm that the Application is defective, Hader reserves the option to remedy the situation either by resolving the defect or by alternative delivery.
9.5 In the event of any failure of the Application to comply with any applicable warranty, you may notify the App Store Operator, and the purchase price of the Application will be refunded to you. To the maximum extent permitted by applicable law, the App Store Operator will have no other warranty obligation whatsoever with respect to the Application, and any losses, claims, damages, liabilities, expenses and other costs attributable to any failure to comply with any warranty.
9.6 If the User is an entrepreneur, any claim based on fault shall expire after a statutory limitation period of up to twelve (12) months after the Application is made available to the User. Statutory limitation periods provided by law apply to consumer Users.
10. Product Claims
Hader and the End User acknowledge that Hader, not Apple, is responsible for addressing any claims of the End User or any third party relating to the Licensed Application or the End User’s possession and/or use of such Licensed Application, including, without limitation:
(1) product liability claims;
(2) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(3) claims arising under consumer protection, privacy or similar legislation, including in connection with your use of the Licensed Application.
11. Contact Information
For general inquiries, complaints, questions or claims relating to the Licensed Application, please contact:
Hader
info@hadertaxi.com
12. Termination
The License is effective until terminated by you.
Your rights under this License will terminate automatically and without notice from Hader if you fail to comply with any term(s) of this License. Upon termination of the License, you must cease all use of the Application and destroy all copies, whole or partial, of the Application.
13. Third Party and Beneficiary Agreements Terms
Hader represents and warrants that Hader will comply with the terms of the applicable third party agreement when using the Licensed Application.
Subject to Section 9 of the Developer End User License Agreement Minimum Terms, Apple and Apple’s subsidiaries shall be third party beneficiaries of this End User License Agreement – upon your acceptance of the terms and conditions of this License hereunder, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third party beneficiary thereof.
14. Intellectual Property Rights
Hader and End User acknowledge that in the event of any third party claim that the Licensed Application or End User’s possession and use of the Licensed Application infringes the third party’s intellectual property rights, Hader, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
15. General
15.1 If any term of this Agreement is or becomes invalid or unenforceable, the validity of the remaining terms will not be affected. The invalid terms will be replaced by valid terms drafted in a manner that best serves the essential purpose.
15.2 Warranty agreements, variations and modifications shall not be valid unless made in writing. The foregoing condition may only be waived in writing.