End User License Agreement

Showmate is licensed to You (End-User) by Guido Herrera, located in the United States ("Licensor"), for use only under the terms of this License Agreement.

By downloading and installing the Licensed Application directly from Guido Herrera, including via https://getshowmate.com, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

This License Agreement may not provide for usage rules for the Licensed Application that conflict with any additional usage rules Guido Herrera publishes for the Licensed Application from time to time ("Usage Rules"). Guido Herrera acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Showmate, when downloaded or installed, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Showmate is to be used on desktop or laptop computers.

1. The application

Showmate ("Licensed Application") is a piece of software created to help live sellers organize their live stream efficiently, print labels, and provide real-time and historical live stream analytics — and customized for desktop and laptop computers ("Devices"). It is used to run live streams through the tool to help live sellers organize their live stream efficiently, print labels, and provide real-time and historical live stream analytics.

The Licensed Application is not tailored 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 subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Scope of license

2.1 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.2 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Guido Herrera's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Guido Herrera's prior written consent).

2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.6 Licensor reserves the right to modify the terms and conditions of licensing.

2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. Technical requirements

3.1 The Licensed Application requires a compatible operating system version. Licensor recommends using the latest supported version of the operating system.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the operating system and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

3.5 The operation of Showmate may depend upon hardware, software, internet connectivity, printers, printer drivers, operating systems, browsers, third-party platforms, and other products or services that are not controlled by Showmate.

3.6 You are responsible for obtaining, configuring, maintaining, and securing the equipment, software, internet connection, and third-party accounts necessary to use the Licensed Application.

3.7 Showmate does not warrant that the Licensed Application will be compatible with every computer, printer, printer driver, operating system, network configuration, peripheral device, or third-party service.

3.8 To the maximum extent permitted by applicable law, Showmate is not responsible for errors, interruptions, delays, failed printing, lost connectivity, incompatibility, or other problems caused by or attributable to hardware, software, networks, internet service providers, printers, drivers, operating systems, or third-party services outside Showmate's reasonable control.

4. Automatic updates and background installation

4.1 The Licensed Application may automatically check for, download, and install updates, patches, and new versions from time to time, including while the Licensed Application is running in the background or, where Your operating system permits, while it is not in active use. Such updates may be downloaded and installed without requiring Your explicit action or consent at the time the update occurs.

4.2 Automatic updates are provided to deliver security patches, bug fixes, new features, and continued compatibility with current operating systems, and are governed by this License Agreement as set out in Section 2.1. Licensor may also collect and use technical information as described in Section 6 ("Use of data") to determine and deliver the updates applicable to Your Device.

4.3 Where Your operating system provides settings to adjust, defer, or disable automatic updates, You may use them; however, Licensor does not guarantee that such settings will be available for every release of the Licensed Application.

4.4 Declining, delaying, or being unable to receive an update may result in reduced functionality, incompatibility with Licensor's servers or other services, or the discontinuation of support for outdated versions of the Licensed Application.

4.5 Licensor may designate certain updates as critical or emergency updates, including where Licensor determines, in its sole discretion, that an update is necessary to address a security vulnerability, legal or regulatory requirement, or other threat to the integrity, stability, or operation of the Licensed Application or its supporting infrastructure. Licensor reserves the right to condition Your continued access to or use of the Licensed Application on the completion of any such critical or emergency update, and may temporarily suspend, restrict, or block use of the Licensed Application, in whole or in part, until the update has been installed.

5. Maintenance and support

5.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor using the contact information provided in Section 15 ("Contact information").

5.2 Guido Herrera and the End-User acknowledge that Guido Herrera has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application beyond what is described in this License Agreement.

6. Use of data

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://getshowmate.com/privacy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

7. Local data and backups

Local Storage of Application Data. Certain data created, imported, recorded, generated, or otherwise processed through the Licensed Application, including without limitation show records, sales information, buyer information, bundle information, videos, analytics, notes, and other operational data ("Local Application Data"), may be stored locally on the device on which the Licensed Application is used.

Unless a feature expressly states otherwise, Local Application Data is not automatically uploaded to, stored by, backed up by, or synchronized with Showmate's servers or the user's Showmate account. Logging into the same Showmate account on another device does not automatically make Local Application Data from the original device available on the other device.

User Rights in Local Application Data. As between Showmate and the user, the user retains all rights the user may have in Local Application Data created, imported, or stored through the user's use of the Licensed Application. Showmate does not claim ownership of Local Application Data merely because such data was created, processed, or stored using the Licensed Application.

The user remains responsible for ensuring that the user has all rights, permissions, and lawful authority necessary to collect, use, store, or process any information concerning customers, buyers, employees, or other third parties through the Licensed Application.

Account Association and Local Data Access. Showmate may associate Local Application Data, including individual shows or records, with the Showmate account or email address under which such data was created. The Licensed Application may use this association to determine which shows, records, or other Local Application Data are ordinarily displayed to a logged-in user.

Such account association and filtering are provided for organization and convenience only and do not constitute encryption, data segregation, account-level storage isolation, or a security or access-control mechanism.

Local Application Data associated with other Showmate accounts may remain stored on the same device even when it is not displayed through the Licensed Application's ordinary interface. Such data may potentially be accessed by persons who have access to the device, its file system, local application files, backups, administrative accounts, or other means of accessing locally stored information.

Logging out of a Showmate account, changing accounts, or otherwise ceasing to display Local Application Data within the Licensed Application does not necessarily delete, encrypt, isolate, or otherwise restrict access to that Local Application Data on the device.

User Responsibility for Device Security. The user is solely responsible for maintaining appropriate security for the device on which Local Application Data is stored, including, as the user determines appropriate, device passwords, operating-system user accounts, disk or file encryption, physical security, malware protection, access controls, and other security measures.

Except to the extent expressly provided by the Licensed Application or required by applicable law, Showmate does not undertake to provide device-level encryption, account-level encryption, local file-system security, physical device security, or protection against access to Local Application Data by other persons or software having access to the user's device.

The user is responsible for determining whether the security of the device and its operating environment is appropriate for the nature and sensitivity of the information the user chooses to store or process through the Licensed Application.

Backups and Data Loss. The user is solely responsible for maintaining appropriate backups of Local Application Data and for verifying that any backups are complete and usable.

Unless Showmate expressly offers a cloud backup or synchronization feature and specifically identifies particular data as being covered by that feature, users should not rely on Showmate or their Showmate account as a backup or recovery service for Local Application Data.

Loss, theft, damage, replacement, reset, corruption, malfunction, or failure of a device; deletion or modification of files; operating-system failure; malware; user error; software conflicts; or uninstalling or reinstalling the Licensed Application may result in the permanent loss of Local Application Data.

To the maximum extent permitted by applicable law, Showmate is not responsible for the loss, deletion, corruption, unauthorized access, inability to recover, or inability to transfer Local Application Data resulting from circumstances outside Showmate's control or from the user's failure to maintain appropriate device security or backups.

No Guarantee of Recovery or Synchronization. Showmate does not guarantee that Local Application Data can be recovered, restored, transferred to another device, or reconstructed after loss or deletion. Showmate may have no possession of, access to, or technical ability to recover Local Application Data stored exclusively on the user's device.

Any export, import, backup, restoration, or migration functionality provided by the Licensed Application is provided as a convenience and does not relieve the user of responsibility for maintaining independent and appropriate backups of Local Application Data.

Data Maintained by Showmate. This Section applies to Local Application Data stored on the user's device. It does not eliminate or limit any obligations Showmate may have under applicable law with respect to personal information or other data that Showmate itself collects, receives, stores, or controls, such as account, authentication, subscription, or other information maintained through Showmate's online services.

8. User-generated contributions

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

9. Contribution license

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10. Liability

10.1 To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data, arising out of or relating to the use of or inability to use the Application. The Company shall not be liable for loss, corruption, or deletion of data stored locally on the user's device; missed, delayed, duplicated, or inaccurate detection of marketplace activity; label printing errors or failures; or losses resulting from the failure, interruption, modification, or incompatibility of third-party platforms, internet connections, printers, hardware, operating systems, or other software not controlled by the Company. Users are responsible for reviewing and verifying order, sale, buyer, and label information before relying on it for fulfillment or other business purposes. To the maximum extent permitted by applicable law, the Company's total aggregate liability arising out of or relating to the Application or this Agreement shall be the greater of one hundred U.S. dollars ($100) or the total amount paid by the user to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.

10.2 Licensor takes no accountability and responsibility in case of __________.

11. Warranty

11.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

11.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Guido Herrera's sphere of influence that affect the executability of the Licensed Application.

11.3 You are required to inspect the Licensed Application immediately after installing it and notify Guido Herrera about issues discovered without delay by email provided in Contact information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of sixty (60) days after discovery.

11.4 If we confirm that the Licensed Application is defective, Guido Herrera reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

11.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Guido Herrera using the contact information provided in Section 15 ("Contact information"), and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, Guido Herrera will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

11.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

12. Accuracy of information and user verification

Showmate provides tools intended to assist users with detecting marketplace activity, organizing sales, generating labels, displaying information, and performing related operational tasks. Automated detection and processing may not be error-free.

The Licensed Application may occasionally fail to detect activity, detect activity incorrectly, process information more than once, experience delays, display inaccurate or incomplete information, or generate labels or other output containing incorrect information.

You are responsible for reviewing and verifying material information before relying upon it for shipping, fulfillment, customer service, inventory management, financial decisions, or other business activities.

Showmate is not intended to replace the official order, transaction, shipping, or account records maintained by the applicable marketplace or other third-party service. In the event of a discrepancy, you should verify the information against the applicable third-party platform before taking action.

Nothing in this section limits any liability that cannot lawfully be limited or excluded.

13. Product claims

Guido Herrera and the End-User acknowledge that Guido Herrera 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 that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

14. Legal compliance

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

15. Contact information

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Guido Herrera
United States

Phone: (+1) 956-534-4764
Email: contact@getshowmate.com

16. Termination

The license is valid until terminated by Guido Herrera or by You. Your rights under this license will terminate automatically and without notice from Guido Herrera if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

17. Third-party terms of agreements and beneficiary

Guido Herrera represents and warrants that Guido Herrera will comply with applicable third-party terms of agreement when using the Licensed Application.

18. Intellectual property rights

Guido Herrera and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Guido Herrera will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

19. Applicable law

This License Agreement is governed by the laws of the State of Texas excluding its conflicts of law rules.