END USER LICENSE AGREEMENT
Last updated May 08, 2025
Protokol ("we," "our," or "us") provides this mobile application
(the "App") and related services (collectively, the "Services")
subject to your acceptance of and compliance with this End User
License Agreement (the "EULA" or "Agreement"). This EULA is a
legally binding agreement between you and Protokol. By downloading,
installing, accessing, or using the App, you:
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Acknowledge that you have read, understood, and agree to be bound by
this EULA
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Represent that you are of legal age to form a binding contract with
Protokol
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Warrant that any registration information you submit is truthful and
accurate, and that you will maintain the accuracy of such
information
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD,
INSTALL, ACCESS, OR USE THE APP.
TABLE OF CONTENTS
1. LICENSE GRANT
Subject to your compliance with the terms of this EULA, Protokol
grants you a limited, non-exclusive, non-transferable, revocable
license to download, install, and use the App for your personal,
non-commercial purposes strictly in accordance with this EULA and
any other documentation provided by Protokol. This license does
not allow you to use the App on any device that you do not own or
control, and you may not distribute or make the App available over
a network where it could be used by multiple devices at the same
time.
2. LICENSE RESTRICTIONS
You agree not to, and you will not permit others to:
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License, sell, rent, lease, assign, distribute, transmit, host,
outsource, disclose or otherwise commercially exploit the App or
make the App available to any third party
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Copy, modify, adapt, translate, create derivative works based on,
distribute, publicly display, publicly perform, or otherwise create
adaptations of the App
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Reverse engineer, disassemble, decompile, decode, or otherwise
attempt to derive or gain access to the source code of the App or
any part thereof
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Remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) of Protokol or its affiliates,
partners, suppliers, or licensors
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Use the App in any manner that could damage, disable, overburden, or
impair it or interfere with any other party's use of the App
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Use any robot, spider, or other automatic device, process, or means
to access the App for any purpose, including monitoring or copying
any of the material on the App
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Use the App in any way that violates any applicable local, state,
national, or international law or regulation
3. THIRD-PARTY MATERIALS
The App may display, include, or make available third-party
content (including data, information, applications, and other
products, services, and/or materials) or provide links to
third-party websites or services ("Third-Party Materials"). You
acknowledge and agree that Protokol is not responsible for
Third-Party Materials, including their accuracy, completeness,
timeliness, validity, legality, decency, quality, or any other
aspect thereof. Protokol does not assume and will not have any
liability or responsibility to you or any other person or entity
for any Third-Party Materials. Third-Party Materials and links
thereto are provided solely as a convenience to you, and you
access and use them entirely at your own risk and subject to such
third parties' terms and conditions.
Payment processing services for items purchased through the App,
including processing of credit and debit card transactions, are
provided by Stripe. You can find Stripe's privacy policy at
https://stripe.com/en-en/privacy. By using the App, you authorize Protokol to submit payment
instructions to Stripe on your behalf in accordance with the terms
of this EULA.
4. USER CONTENT
The App may allow you to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "User Content"). You
retain any and all of your rights to any User Content you submit,
post, or display on or through the App and you are responsible for
protecting those rights. You agree that any User Content you
submit, post, or display on or through the App is provided on a
non-confidential basis.
4.1 Prohibited Content
You agree not to upload, share, post, or otherwise make available
on or through the App any User Content that:
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Is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, libelous, invasive of
another's privacy, or otherwise objectionable
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Contains sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
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Infringes any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any party
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Violates the legal rights (including the rights of publicity and
privacy) of others or contains any material that could give rise to
any civil or criminal liability under applicable laws
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Promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory, or libelous
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Is likely to deceive or mislead any person
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Impersonates any person, or misrepresents your identity or
affiliation with any person or organization
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Involves commercial activities such as contests, sweepstakes, and/or
other sales promotions, barter, or advertising without our prior
written consent
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Contains any malware, virus, trojan horse, worm, or other harmful or
disruptive code
4.2 Content Monitoring and Removal Rights
Protokol has the right, but not the obligation, to monitor,
review, screen, post, remove, refuse, modify, or store User
Content at any time and for any reason, without notice to you.
Protokol does not endorse any User Content and you agree that
Protokol will not be responsible or liable for any User Content.
You acknowledge that Protokol has no obligation to pre-screen,
monitor, review, or edit any User Content. However, Protokol
reserves the right to remove any User Content that it determines,
in its sole discretion, violates the terms of this EULA or is
otherwise objectionable.
4.3 User Content License
By submitting, posting, or displaying User Content on or through
the App, you grant Protokol a perpetual, worldwide, non-exclusive,
royalty-free, transferable license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, perform, and display such User Content, in whole or in
part, and to incorporate such User Content into other works, in
any form, media, or technology now known or later developed, for
the purposes of providing and improving the Services.
4.4 User Content Representations and Warranties
You represent and warrant that:
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You are the creator and owner of the User Content or have the
necessary licenses, rights, consents, and permissions to use and
authorize Protokol to use the User Content as described in this EULA
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The User Content does not and will not: (i) infringe, violate, or
misappropriate any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary
right, or (ii) slander, defame, libel, or invade the right of
privacy, publicity, or other property rights of any other person
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The User Content does not contain any viruses, adware, spyware,
worms, or other malicious code or harmful content
4.5 DMCA Compliance
Protokol respects the intellectual property rights of others and
expects users of the App to do the same. If you believe that your
work has been copied in a way that constitutes copyright
infringement, please provide Protokol with the following
information in accordance with the Digital Millennium Copyright
Act (DMCA):
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A physical or electronic signature of the copyright owner or a
person authorized to act on their behalf
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Identification of the copyrighted work claimed to have been
infringed
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Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material
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Your contact information, including your address, telephone number,
and an email address
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A statement by you that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law
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A statement that the information in the notification is accurate,
and, under penalty of perjury, that you are authorized to act on
behalf of the copyright owner
DMCA notifications should be sent to our contact information
provided in Section 12 of this EULA.
5. UPDATES AND IMPROVEMENTS
Protokol may from time to time in its sole discretion develop and
provide App updates, which may include upgrades, bug fixes,
patches, and other error corrections and/or new features
(collectively, "Updates"). Updates may also modify or delete in
their entirety certain features and functionality. You agree that
Protokol has no obligation to provide any Updates or to continue
to provide or enable any particular features or functionality.
Based on your device settings, when your device is connected to
the internet either:
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the App will automatically download and install all available
Updates; or
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you may receive notice of or be prompted to download and install
available Updates.
You shall promptly download and install all Updates and
acknowledge and agree that the App or portions thereof may not
properly operate should you fail to do so. You further agree that
all Updates will be deemed part of the App and be subject to all
terms and conditions of this EULA.
6. TERMINATION
This EULA will remain in effect until terminated by you or
Protokol.
You may terminate this EULA by deleting the App and all copies
thereof from your device.
Protokol may terminate this EULA at any time without notice if it
ceases to support the App, which Protokol may do in its sole
discretion. In addition, this EULA will terminate immediately and
automatically without any notice if you violate any of the terms
and conditions of this EULA.
Upon termination:
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All rights granted to you under this EULA will also terminate; and
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You must cease all use of the App and delete all copies of the App
from your device and account.
Termination will not limit any of Protokol's rights or remedies at
law or in equity.
7. DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL
FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW, PROTOKOL, ON ITS OWN BEHALF
AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE
LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT
LIMITATION TO THE FOREGOING, PROTOKOL PROVIDES NO WARRANTY OR
UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP
WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE
COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS,
OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR
RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR
DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON
IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL PROTOKOL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR
RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT
FOR: (i) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF
SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL,
BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY
OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES; OR (ii) DIRECT DAMAGES IN AMOUNTS THAT IN THE
AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE
OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE
OR PROTOKOL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO
SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO
YOU.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Protokol and its
officers, directors, employees, agents, affiliates, successors,
and assigns from and against any and all losses, damages,
liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs, or
expenses of whatever kind, including reasonable attorneys' fees,
arising from or relating to your use or misuse of the App or your
breach of this EULA, including but not limited to the content you
submit or make available through the App.
10. GOVERNING LAW
This EULA shall be governed by and construed in accordance with
the internal laws of Montenegro without giving effect to any
choice or conflict of law provision or rule. Any legal suit,
action, or proceeding arising out of or related to this EULA or
the App shall be instituted exclusively in the courts of
Montenegro. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
11. ENTIRE AGREEMENT
This EULA, our Privacy Policy, and our Terms and Conditions
constitute the entire agreement between you and Protokol with
respect to the App and supersede all prior or contemporaneous
understandings and agreements, whether written or oral, with
respect to the App.
If any provision of this EULA is held to be unenforceable or
invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will
continue in full force and effect.
12. CONTACT INFORMATION
If you have any questions about this EULA, please contact us at:
Protokol
Dalmatinska 156
Podgorica, Podgorica 81000
Montenegro
Email: milan.vilov@protokol.me
By downloading, installing, accessing, or using the App, you
acknowledge that you have read this EULA, understand it, and agree
to be bound by its terms and conditions. If you do not agree to
these terms, you must not download, install, access or use the
App.