Pétale™ SOFTWARE LICENSE AGREEMENT

IMPORTANT – PLEASE READ CAREFULLY


This Software License Agreement ("Agreement") is a legally binding contract between the Licensor and the Licensee. It governs the use of the software, referred to as "Pétale™" (hereinafter referred to as the "Software").

On this page:
  • License Terms
  • Intellectual Property Rights
  • Warranty; Disclaimer of Warranties
  • Limitation of Liability
  • Training and Maintenance
  • General Provisions

License Terms

1. Grant of License
The Licensor grants the Licensee a nonexclusive license to use the Software, subject to the terms and conditions of this Agreement, upon the Licensee's payment of the required license fees.

2. License Fees
Licensee shall pay the License Fees to the Licensor for the use of the Software. The License Fees are based on the therapist license and are payable on a monthly basis.

3. Modifications and Reverse Engineering
The Licensee agrees that only the Licensor has the right to alter, maintain, enhance, or modify the Software. The Licensee shall not disassemble, decompile, or reverse engineer the Software or assist any third party in doing so.

4. Term
The Licensee can end using the program at any time. The access to Pétale™ will be closed and all associated data will be permanently deleted.

5. Reservation of Rights
The Licensor reserves all rights not expressly granted in this Agreement, including the right to license the Software to third parties.

6. Effect of Termination
If updating the credit card is not done, the access to Pétale™ will be closed and all associated data will be permanently deleted.

Intellectual Property Rights

1. Title
The Licensee acknowledges that the Licensor owns all proprietary rights, including patent, copyright, trade secret, trademark, and other proprietary rights, in and to the Software, including any modifications.

2. Transfers
Except in conjunction with the sale of all or substantially all of Licensee's business, the Licensee shall not sell, license, publish, display, distribute, or transfer the Software or any part thereof to a third party without the Licensor's prior written consent.

3. Confidentiality
Both Parties agree to keep confidential any information exchanged and not disclose it without written permission from the owner of such information.

Warranty; Disclaimer of Warranties

1. Disclaimer
Except as expressly set forth herein, the Software is provided "AS IS." The Licensor and its suppliers do not warrant performance or results, and there are no other warranties, either express or implied, including those of title, infringement, merchantability, or fitness for a particular purpose.

2. Warranty Limitation
The Licensee is responsible for providing the appropriate operating environment for using the Software. Failure to do so releases the Licensor from warranty obligations.

Limitation of Liability

In no event shall the Licensor be liable for any indirect, special, incidental, consequential, or exemplary damages, including lost profits, lost opportunities, loss of service, or loss of data. This includes natural calamity and acts of God, as well as Social Media Posts and AI Avatar. The Licensor's total liability to the Licensee shall not exceed the amount paid in License Fees in a single month.

Training and Maintenance

1. Included Training
The Licensor shall provide initial user training for the Software. It is the Licensee's responsibility to ensure proper training of personnel for ongoing Software operation.

2. Additional Training
After the Initial Training, the Licensor shall provide additional training as determined by mutual agreement. The Licensee shall bear costs associated with additional training, including hourly charges and reasonable travel expenses.

3. Included Maintenance
The Licensor shall provide support for the Software during the Initial Term and as long as the Licensee continues to make payments on the go.

4. Excluded Maintenance
Maintenance due to improper or unauthorized use of the Software by the Licensee is not covered under this Agreement. Such maintenance will be billed at the Licensor's standard rates.

General Provisions

  • Modifications — This Agreement may only be modified or waived in writing and signed by both Parties.
  • Governing Law — This Agreement is governed by the laws of Dubai in the United Arab Emirates, without regard to conflicts of law provisions.
  • Termination — The Licensor may terminate this Agreement if the Licensee fails to comply with its terms and conditions, and in such cases, all the Salon data will be deleted.
  • Complete Agreement — This Agreement is the complete and exclusive statement of the agreement between the Parties, superseding all prior agreements.
  • Waiver — No waiver by either Party of any default shall constitute a waiver of any subsequent default.
  • Read and Understand — The Licensee acknowledges reading and understanding this Agreement, and agrees to be bound by its terms.
  • Mediation/Arbitration — Both Parties agree to mediate or arbitrate any dispute regarding the interpretation or enforcement of this Agreement prior to litigation.
  • Binding Effect — This Agreement extends to and binds the Parties and their successors and assigns.
  • No Money-Return Policy — This Agreement enforces a no money-return policy for subscription-based software access.
Developed and Distributed By: ANPA MEDICAL SUPPLIES DMCC
JLT, Cluster-I, Silver Tower, Office#5G, Dubai, UAE

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