EULA

Please read this End User License Agreement (“EULA”) before You purchase a License Key for the Rotato App and subsequently download and use the Rotato App.

By purchasing a License Key and/or downloading and using the Rotato App, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the Rotato App.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Rotato.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  • Activate. Turning the Trial version into the Full version of the same application with the License Key provided by Rotato.
  • Documentation. The detailed information about the Rotato app, its features and the system requirements as made available on the website of Rotato, as amended from time to time.
  • Full version. The license for the Rotato app for the term specified on the webpage of the store where you purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to use the Rotato app.
  • License key. A unique code provided by Rotato, which enables you to activate the trial version or full version by entering the code into the Rotato app and to use the Rotato app during the applicable license term
  • Rotato. Otato GmbH, att Morten Just Petersen, Klingenstrasse 39, 8005 Zurich, Switzerland with chamber of commerce registration number CHE-216.601.436 and VAT number CHE-216.601.436 MwST
  • Rotato app. Any software application and/or all of the contents of the files and/or other media, including software setup files, included templates, lciensed to you by Rotato, including any Updates.
  • Trial version”. The license for the Rotato app in the evaluation state, typically with a Rotato-branded watermark or other visible feature, for the sole purpose of evaluating and testing Rotato
  • Watermark. In the trial version, Rotato may add one or more watermark to the exported media from Rotato, this can be a visual, auditory or other.
  • Updates. Any modified versions and updates of, and additions to the Rotato app (excluding upgrades and renewals of the Rotato app)
  • “Use”. The access, download, install, copy or getting benefit from using the Rotato app in accordance with the documentation.
  • “You”.The final and ultimate user of the Rotato app or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Rotato app and the company or other legal entity that will be the final and ultimate user of the Rotato app, if applicable.

General

  1. This EULA applies to any licenses granted to you by Rotato for the use of the Rotato app.
  2. By purchasing a license key fro the Rotato app and/or downloading and using the Rotato app, you enter into this EULA with Rotato.
  3. This EULA may be modified from time to time. Rotato will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by you.

License

  1. Rotato grants you a non-exclusive, non-transferable, limited, revocable license to use the Rotato app in accordance with this EULA. Rotato reserves all rights not expressly granted to you.
  2. Rotato is and remains the owner of any intellectual property rights with respect to the Rotato app. You shall not acquire any ownership to the Rotato app as a result of your purchase of the license key or your use of the Rotato app.

Permitted use and restrictions

  1. In order to be able to install the Rotato app and receive updates and upgrades, your computer shall have access to the internet and shall meet the system requirements described in the documentation that can be found on https://www.rotato.xyz/help
  2. You may use the Rotato app on one computer, unless you have a) obtained an additional activation from Roato’s staff, b) purchased multiple licenses, c) are running the trial version on one of the computers.
  3. You shall use the full version or trial version in accordance with applicable laws, and shall
  4. not rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the license key, the full version, or the trial version
  5. not assign the license key, the full version or the trial version without prior written approval from Rotato
  6. not use the full version or trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity
  7. not delete any disclaimers, warnings, copyright or other proprietary notices accompanying the Rotato app
  8. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Rotato app and the license key or any parts thereof, except to the extent permitted by applicable law
  9. Rotato may modify the Rotato app at any time at its sole discretion and without notice to you, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide updates and upgrades.

Maintenance and support

  1. Rotato will notify you of any available updates and upgrades.
  2. You will be entitled to receive updates:
  3. free of charge during a period of twelve (12) months upon purchasing the license key for the full version. In order to receive updates after this twelve months period, you will need to renew your license key for the full version
  4. free of charge if you have purchased a subscription license, and that license is active for the current period
  5. You may need to pay an additional fee in order to be able to download an upgrade or new templates made available on the Rotato website.
  6. You can download the latest version of Rotato on the Rotato website
  7. Any maintenance and support provided by Rotato, including the provision of updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably, practicable possible subject to availability of personnel.

Use of data

  1. For quality purposes, Rotato may periodically collect and use technical and related data concerning the Rotato app you have licensed, including about the version number of the Rotato app you have installed and about the system you have installed the Rotato app on. Rotato will use such data to facilitate maintenance and support with respect to the Rotato app, to improve its products, and to provide further services or technologies to you.
  2. Rotato may process personal data with respect to you, if and to the extent necessary to provide the license key, to provide maintenance and support to you with respect to the Rotato app and to comply with its obligations under this EULA. To the extent Rotato will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of your personal data that Rotato has collected and received through its website.

Disclaimer

  1. You use the Rotato app at your own risk and the entire risk as to satisfactory quality, performance and accuracy is with you.
  2. The Rotato app and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Rotato specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Rotato, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely upon such information or advice.

Liability limitation

  1. The liability of Rotato and any third party that has been involved in the creation, production, or delivery of the Rotato app for all damages arising out of or in any way relating to the Full version, the trial version, the license key, the Rotato app and/or this EULA shall in no event exceed the total amount of $59.
  2. Rotato and any third party that has been involved in the creation, production, or delivery of the Rotato app are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Rotato app)
  3. The limitations of liability referred to here shall not apply in the event that: a. any negligence on the part of Rotato leads to death or physical injury or b. damages arise from the intent, willful misconduct or gross negligence of Rotato or the management of Rotato.

Termination

  1. This EULA will continue to be in force until the expiry or termination of the full version or the trial version
  2. The full or trial versions will terminate automatically at the end of the applicable license term, unless renewed or activated prior to the end of the applicable license term.
  3. Subscription license: If you’re on a subscription license, it will automatically renew unless you have terminated your subscription.
  4. Subscription license: If you terminate your subscription at any time during your subscription period, you can keep using the full version until the paid-for subscription period has ended.
  5. If you decide Rotato is not for you and request a refund, you are no longer entitled to be using the full version under any circumstances, unless you have a written approval from a Rotato employee.
  6. Rotato is entitled to terminate the full version or the trial version by blocking the license key during the license term with immediate effect and without prior notice in the event you fail to comply with the terms in this EULA, or in the event Rotato is required to do so by law or an order of applicable court.
  7. Upon termination of the full version you shall cease all use of the full version.
  8. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing law and disputes

  1. This EULA shall be governed by and construed in accordance with the laws of Switzerland excluding its conflict of law rules.
  2. Any dispute between Rotato and you shall exclusively be submitted to the competent court in Zurich, Switzerland.