END USER LICENCE AGREEMENT
This EULA sets out the basis on which Seamfix Limited makes the Products available to you ("Buyer" or "You") and on which You may Subscribe to a Product. Seamfix Limited's Privacy Policy (Privacy Policy) which can be found on [Cassie1] https://seamfix.com/privacy-policy-2/ forms an integral part of this EULA. By proceeding or subscribing to any Product, you agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If you do not agree with one of these, please do not proceed with a subscription.

This EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

Seamfix Limited reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.

1. INTERPRETATION
"Product" means the computer software and any associated data, content and/or services identified in the applicable Product Listing that Seamfix Limited or its Licensor provides or is obligated to provide as part of a Subscription, including the updates, upgrades, modifications, enhancements, derivative works, new releases and new versions of such Product. 
"Buyer" or "You" means the Licensee to whom Seamfix Limited has agreed to license the Products, subject to the terms and conditions of this Licence.
"Compatible Mobile Terminal" means any portable device capable of connecting to the Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).

"Confidential Information" means Information related to the Disclosing Party's, or its affiliates', trade secrets, customers (including identities, characteristics and activities), business plans, strategies, forecasts or forecast assumptions, operations, methods of doing business, records, finances, assets, intellectual property, technology (including computer software and hardware products, data bases, data processing, communications networking systems and all technical manuals or other related documentation), data or other information that reveals the research, technology, practices, procedures, processes, methodologies, know how, or other systems or controls by which the Disclosing Party's existing or future products, services, applications and methods of operations or doing business are developed, conducted or operated, and all information or materials derived therefrom or based thereon (and without regard to whether the information is owned by the Disclosing Party or by a third party). Confidential Information will not, however, include any information which: (a) was publicly known or made generally available to the public prior to the time of disclosure; (b) becomes publicly known or made generally available after disclosure through no fault of the Receiving Party; (c) is in the possession of the Receiving Party, without restriction as to use or disclosure, at the time of disclosure by the Disclosing Party; (d) was lawfully received, without restriction as to use or disclosure, from a third party (who does not have an obligation of confidentiality or restriction on use itself); or (e) is developed by the Receiving Party independently from this Agreement and without use of or reference to the Disclosing Party's Confidential Information or Proprietary Rights.  Except for rights expressly granted in this Agreement, each Party reserves all rights in and to its Confidential Information. The Parties agree that the Licensed Materials are Confidential Information of Licensor.  

 "Intellectual Property Rights" means any patent, copyright, registered design, trade mark, design right, know how or other intellectual property right applications for any of the foregoing which may subsist in any part of the world;

"Services" means all services and tasks that Seamfix Limited or its Licensor provides or is obligated to provide under this Agreement.

2. GRANT OF LICENSE.
2.1. Seamfix Limited (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the "License"), for such time until either You or Seamfix Limited terminates this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a licence to do so from Seamfix Limited. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware.

As applicable, certain parts of the Product may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.

2.2. You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply with Terms of Use, in whole or in part; (iii) create, use and/or distribute "auto", "trainer", "script" or "macro" computer programs or other "cheat" or "hack" programs or software applications for this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.

2.3. While using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product ("Rules of Conduct"), which are not meant to be exhaustive and can be modified at any time by Seamfix Limited. In all cases, you may only use the Product according to the anticipated use of the Product.

For example purposes, and without limiting Seamfix Limited's rights to take action against You, You may not:

a) create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual's right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);

b) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;

c) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on Seamfix Limited's or its Licensor's servers and/or the Product and/or those of its service providers and partners;

d) create, supply or use alternative methods of using the Products, for example server emulators;

e) spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;

f) transmitting or communicating any material or content which, in the sole and exclusive discretion of Seamfix Limited, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

g) harassing or threatening any other users of the Product;

h) makes inappropriate use of the help service or the claim buttons or send untruthful reports to members of Seamfix Limited's personnel;

i) falsely claims to be an employee or representative of (the company) or its partners and/or agents;

j) falsely claims an endorsement in connection with the Product or Seamfix Limited.

3. OWNERSHIP.
3.1. All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Seamfix Limited or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. 

3.2. This Product may contain certain licensed materials and, in that event, Seamfix Limited's licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Seamfix Limited's prior permission and, if applicable, Seamfix Limited's licensors' and representatives'. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by Seamfix Limited.

3.3. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

3.4. If the Products are protected by technical protection measures ("TPM") so that the intellectual property rights (including copyright) in the Products are not misappropriated, You shall not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in its possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM.

4. ACCESS TO THE PRODUCT
4.1. If You are using the Product on a Compatible Mobile Terminal, this Section 4.1 is applicable to You and to Your use of the Product:

a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers' and/or carriers' costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. Seamfix Limited may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.

b. Collection of personal data: In order to provide You with a better experience, adapted services and Product support, Seamfix Limited may collect data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Your privacy is very important to Seamfix Limited and Seamfix Limited will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. Seamfix Limited may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect Seamfix Limited's rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, Seamfix Limited reserves the right to collect, store and use anonymous data about You. For further information concerning Seamfix Limited's use of Your personal data, please refer to the Privacy Policy.

5. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 2 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to Seamfix Limited, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third-party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.

However, please note that Seamfix Limited is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product. Such communications are the sole responsibility of the user in question.

6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEAMFIX LIMITED, SEAMFIX LIMITED'S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. SEAMFIX LIMITED DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SEAMFIX LIMITED, SEAMFIX LIMITED'S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.

NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH SEAMFIX LIMITED OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, SEAMFIX LIMITED'S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL SEAMFIX LIMITED, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO SEAMFIX LIMITED FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

NOTHING IN THIS CLAUSE 6 SHALL AFFECT SEAMFIX LIMITED'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM SEAMFIX LIMITED'S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. INDEMNITY.
You are solely responsible for any damage caused to Seamfix Limited, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED SEAMFIX LIMITED AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS' FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. Seamfix Limited reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify it. The provisions of this Section 7 shall remain in force after termination of this EULA.

8. TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use the Product until terminated according to its terms. You and Seamfix Limited (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Seamfix Limited will be effective upon (a) notice to You or (b) termination of Your Account (if any) or (c) at the time of Seamfix Limited's decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.

9. CHANGES TO THIS EULA OR TO THE PRODUCT.
Seamfix Limited reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the "EULA" link located on the Product. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.

Seamfix Limited or its Licensor may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that Seamfix Limited or its Licensor may stop supporting previous versions of the Product upon the availability of an updated version. Seamfix Limited's channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. Seamfix Limited also reserves the right to amend the Rules of Conduct set out in Clause 2 to place limits on the use of the Product.

10. FORCE MAJEURE 

Seamfix and the Buyer will not be liable or responsible for any failure to perform, or delay in performance of any of their obligations under this Licence that is caused by an event outside their reasonable control (a "Force Majeure Event"). 

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond a party's reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;  fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. 

If a Force Majeure Event continues for more than 30 days, Buyer may cancel the unperformed portion of the Subscription and receive a pro rata refund of any fees prepaid by Buyer to Licensor for such unperformed portion. 

11. COMMUNICATIONS AND NOTICE 
	By subscribing to a product, you consent to receiving certain electronic communications from Seamfix Limited relating to your subscription. These communications may involve sending emails to the email address provided during registration, or posting communications within the product space; will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails and other transactional information); and are part of your relationship with Seamfix Limited. You agree that any notices, agreements, disclosures or other communications that Seamfix Limited sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. In the event that the last email address you provided to Seamfix Limited is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Agreement, Seamfix Limited's dispatch of the email containing such notice will nonetheless constitute effective notice. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Unless you opt out, you also consent to receive certain other communications from us, such as notifications of new features, promotional announcements and customer surveys via email. If you want to unsubscribe (i.e., opt out) from certain non-transactional email communications, you will have the opportunity to do so.




12. ASSIGNMENT
This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. You may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of Seamfix Limited.

13.  CONFIDENTIALITY
Each Party will protect such Confidential Information with the same degree of care that a prudent person would exercise to protect its own confidential information of a like nature, and to prevent the unauthorized, negligent, or inadvertent use, disclosure, or publication thereof or access thereto.  
Each Party will restrict Confidential Information to individuals who need to know such Confidential Information and who are bound to confidentiality obligations at least as protective as the restrictions described in this Clause 13.  Except as necessary for the proper use of the Product, the exercise of a Party's rights under this Agreement, performance of a Party's obligations under this Agreement or as otherwise permitted under this Agreement, neither Party will use Confidential Information of the other Party for any purpose except in fulfilling its obligations or exercising its rights under this Agreement.
Each Party will promptly notify the other Party if it becomes aware of any unauthorized use or disclosure of the other Party's Confidential Information, and reasonably cooperate with the other Party in attempts to limit disclosure. Each party shall be responsible for the breach of this Agreement by any of its Representatives. 
14. THIRD-PARTY BENEFICIARIES
Except as specified in Clause 7 Indemnity, nothing express or implied in this Agreement is intended to confer, nor will anything herein confer, upon any person other than the Parties and the respective successors or assigns of the Parties, any rights, remedies, obligations or liabilities whatsoever. 

15. GENERAL
15.1. Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Seamfix Limited's initial intentions.

15.2.  No Waiver. No failure or delay by Seamfix Limited (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Seamfix Limited or by the User.

15.3. Limitations Period: YOU AND SEAMFIX LIMITED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15.4. Law and Jurisdiction This EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales excluding its principles of conflict of laws. You irrevocably agree that the courts of the United Kingdom have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).

15.5. Government Restricted Rights: The Software is a commercial product that has been developed exclusively at private expense. If the Software is acquired directly or indirectly on behalf of a unit or agency of the United States Government under the terms of (i) a United States Department of Defense ("DOD") contract, then the Software and Documentation are considered "Commercial Items", as that term is defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. §252.227- 7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable, consistent with 48 C.F.R. §12.212, 48 C.F.R. §252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-14, and other relevant sections of the Code of Federal Regulations; or (ii) a Civilian agency contract, then use, reproduction, or disclosure is subject to the restrictions set forth in FAR clause 27.405(b)(2)(i), entitled Acquisition of Existing Computer Software, and any restrictions in the agency's FAR supplement and any successor regulations thereto, and the restrictions set forth in this Agreement. The United States Government will only have the rights set forth in this Agreement. The Software and Documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this Agreement.
15.6. Export Control: You agree to comply with all laws and regulations relating to your use of this Service, including without limitation to those relating to export and import, privacy, and personal data protection. Seamfix's obligation to fulfill this Agreement is subject to the provision that it is not prevented by any impediments arising out of national and international foreign trade or customs requirements, including embargoes or other sanctions. This Agreement is subject to all laws of England and Wales and regulations as may be enacted, amended or modified from time to time regarding the export from England and Wales software, services, technology, or any derivatives thereof. Without limiting the foregoing, by subscribing to a Product, You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. The provisions of this Section 10.6 will survive the expiration or termination of this Agreement for any reason.


For any questions concerning this EULA, you may contact Seamfix Limited at the following address: https[Cassie2]://..


DATA PROCESSING APPENDIX
1. Scope and definitions
SEAMFIX LIMITED shall follow the provisions in this Data Processing Appendix when processing Personal Data on behalf of BUYER in connection with the Agreement. The following terms shall have the meanings set out below; other terms not defined shall be interpreted according to applicable data protection laws and cognate terms shall be construed accordingly:

1.1.1. "Data Protection Laws" means, UK Data Protection Laws, EU Data Protection Laws, to the extent applicable, the data protection or privacy laws of any other country;
1.1.2. "EU Data Protection Laws" means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR
1.1.3. "GDPR" means EU General Data Protection Regulation 2016/679;
1.1.4. "Personal Data" means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
1.1.5. "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.1.6.  "UK GDPR" means the UK Data Protection Act 2018;
2. Personal Data Processing Covered by Data Processing Appendix 
Agreement for which personal data is being processed 
End User License Agreement

Purpose and nature of processing (why and how is SEAMFIX LIMITED processing personal data)
The primary objective is to validate the quality of facial photographs for various applications, including professional photography, portrait enhancement, and identity verification. The processing is automated and based on machine learning algorithms designed for facial image analysis and enhancement.

Type of non-sensitive personal data processed by SEAMFIX LIMITED

The product does not process non-sensitive personal data

Type of sensitive personal data processed by SEAMFIX LIMITED
The type of sensitive personal data accepted is facial images in the form of encoded base64 format. These facial images may contain biometric information and are considered sensitive due to their potential to uniquely identify individuals.

Categories of data subjects whose data are being processed
These data subjects may include photographers, graphic designers, content creators, businesses, or individuals seeking to improve the visual quality of their images, The data subjects are individuals who voluntarily provide images for processing or require image quality enhancement for professional or personal purposes, including visual improvement and presentation. 

3. SEAMFIX LIMITED obligations. SEAMFIX LIMITED shall comply with the following:
Limit personal data processing
* Process Personal Data only as necessary for the performance of the Agreement.
* Comply with applicable data protection laws and obligations in this Appendix.
* Inform Buyer immediately, if in its opinion there is breach
Notify BUYER  of a personal data breach
* Notify Buyer immediately of any personal data breach. 
* Cooperate fully and promptly with Buyer in investigating and mitigating the personal data breach.
Implement appropriate security measures
* Ensure a level of security appropriate to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. 
* Implement and maintain appropriate technical and organizational measures pursuant to applicable data protection laws and instructions from BUYER.  
Ensure confidentiality
Ensure that persons, including SEAMFIX LIMITED employees and contractors, authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Demonstrate compliance 
Upon request and without undue delay:
* Make available to BUYER all information necessary to demonstrate compliance with relevant data protection laws and this Appendix.  
* Allow for and contribute to audit of its data processing activities by BUYER or any third party appointed by BUYER.
* Provide a record of BUYER's personal data processed by the BUYER.
Use only approved and compliant sub-processors
Engage sub-processors, and allow sub-processors to engage further sub-processors, only if:
* they comply with this Agreement and applicable data protection laws and regulations.
Return or delete Personal Data 

Following termination or expiry of the Agreement, or upon BUYER 's request:
* Delete or return to BUYER all Personal Data in its possession or control.  
* Follow BUYER 's instructions regarding deletion or return, including format of returned data and documentation of its actions.   






 








[Cassie1]Please provide link to our privacy policy
[Cassie2]Please provide link for contact