Aklanons.com End User Level Agreement (EULA)

This Agreement is made on the 1st day of May 2025

Between

[PARTY A]: Aklanons.com

And:

[PARTY B]: The End User

Parties

• [PARTY A]: Aklanons.com, a company duly registered and operating in the Philippines, with its principal office in Kalibo, Aklan (hereinafter referred to as the “Application Owner”).
• [PARTY B]: The individual person who downloads, installs, and uses the Aklanons.com mobile application (hereinafter referred to as the “End User”).

Background

• [PARTY A] has developed a mobile application named “Aklanons.com” (hereinafter referred to as the “Application”), which is intended to provide community updates, courses, latest news, media, social media capabilities, e-commerce, other online features, etc., to users globally.
• This Agreement is an End User License Agreement (EULA) that governs the terms and conditions under which [PARTY A] grants [PARTY B] a non-exclusive, non-transferable license to download, install, and use the Application on a personal device.
• The Application is available for free download and use, but may contain certain in-app purchases or premium features that require payment.
• This EULA shall be governed by and construed in accordance with the laws of the Philippines.
• Definitions
  • Application means the mobile software application developed by [PARTY A] and known as “Aklanons.com”, including any updates, upgrades, modifications, or versions thereof.
  • End User or You means the individual person who downloads, installs, and uses the Application on a compatible device for personal, non-commercial purposes.
  • In-App Purchase means any virtual goods, services, premium features, or additional functionality offered within the Application that requires payment.
  • Payment Gateway means the online payment service provider used by [PARTY A] to process payments for In-App Purchases, such as PayMaya, GCash, or PayPal.
  • Intellectual Property Rights means all copyrights, trademarks, patents, trade secrets, and other proprietary rights associated with the Application, including but not limited to its code, content, graphics, logos, and branding.
  • Device means any compatible mobile device, tablet, or other hardware used to access and run the Application.
  • Privacy Policy means the separate policy document outlining how [PARTY A] collects, uses, and protects End User data, which is incorporated into this EULA by reference.
  • Third-Party Services means any external services, platforms, applications, or websites not owned or controlled by [PARTY A] that may be integrated or linked within the Application.
• License Grant
  • Subject to the terms and conditions of this EULA, Aklanons.com hereby grants you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Application solely for your personal, non-commercial use on a compatible device that you own or control.
  • You shall not, and shall not permit others to:
    • Copy, modify, distribute, sell, or lease the Application or any part thereof;
    • Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Application;
    • Create derivative works based on the Application;
    • Remove, alter, or obscure any proprietary notices or labels from the Application.
  • All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in and to the Application and its content are owned by Aklanons.com and its licensors. This EULA does not grant you any ownership rights in the Application or its content.
  • Aklanons.com reserves the right, at its sole discretion, to modify, update, or discontinue the Application or any part thereof, and to modify this EULA, at any time, without prior notice. Your continued use of the Application after any such modifications constitutes your acceptance of the revised EULA.
  • The Application may contain or integrate third-party software or services. Your use of such third-party software or services may be subject to separate terms and conditions, which you agree to comply with.
  • You shall comply with all applicable laws and regulations when using the Application.
  • All rights not expressly granted to you in this EULA are reserved by Aklanons.com.
• Acceptable Use
  • The End User shall use the Application solely for lawful purposes and in accordance with this EULA and all applicable laws, regulations, and guidelines.
  • The End User shall not engage in any of the following activities:
    • Any illegal or unlawful activities, including but not limited to hacking, distributing malware, or violating intellectual property rights.
    • Attempting to gain unauthorized access to the Application, its systems, or data.
    • Reverse engineering, decompiling, or disassembling the Application or any part thereof.
    • Modifying, adapting, or creating derivative works based on the Application without prior written consent from [PARTY A].
    • Interfering with or disrupting the Application’s operation or servers.
    • Using the Application to transmit or distribute any harmful, offensive, or defamatory content.
  • The End User acknowledges and agrees that the Application and its content, including but not limited to text, graphics, logos, images, and software, are the intellectual property of [PARTY A] and are protected by applicable intellectual property laws.
  • The End User is granted a limited, non-exclusive, and non-transferable license to use the Application solely for personal, non-commercial purposes.
  • The End User agrees to use the Application in a responsible and ethical manner, respecting the rights of [PARTY A] and other users.
  • The End User shall not engage in any activities that may harm, disrupt, or interfere with the Application or its users.
  • [PARTY A] reserves the right to terminate or suspend the End User’s access to the Application, without prior notice, if the End User violates any of the terms and conditions of this EULA.
  • [PARTY A] may monitor the End User’s use of the Application to ensure compliance with this Acceptable Use section.
  • The End User is encouraged to report any suspected violations or misuse of the Application to [PARTY A].
• Intellectual Property
  • Ownership of the Application. The Application, including but not limited to its code, content, graphics, user interface, audio, video, and other components, as well as any associated documentation, trademarks, and other intellectual property rights, are owned by [PARTY A] (Aklanons.com) and are protected by applicable intellectual property laws, both in the Philippines and internationally.
  • Restricted Use of Intellectual Property. The End User shall not modify, decompile, reverse engineer, or create derivative works based on the Application or any of its components. The End User shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices included in the Application.
  • Limited License. [PARTY A] grants the End User a limited, non-exclusive, non-transferable, and revocable license to use the Application solely for personal, non-commercial purposes, subject to the terms and conditions of this EULA. This license does not grant the End User any ownership rights or other intellectual property rights in the Application or its components.
  • Trademarks. All trademarks, service marks, and trade names displayed in the Application are proprietary to [PARTY A] or their respective owners. The End User shall not use these trademarks without prior written consent from the respective owners.
  • Third-Party Content. The Application may include third-party content or materials that are subject to separate intellectual property rights and licenses. The End User shall comply with any applicable licenses or terms of use for such third-party content.
  • Feedback and Suggestions. Any feedback, suggestions, or ideas provided by the End User regarding the Application shall become the property of [PARTY A], and the End User hereby grants [PARTY A] a perpetual, irrevocable, and royalty-free license to use, modify, and incorporate such feedback or suggestions into the Application or other products and services.
• In-App Purchases
  • The Application may offer virtual goods, services, or premium features (collectively referred to as “In-App Purchases”) that can be purchased by End Users through in-app purchases. Examples of In-App Purchases include, but are not limited to, virtual currency, additional content, subscriptions, or other digital items or services.
  • To make an In-App Purchase, End Users must follow the purchase process within the Application, which may involve selecting the desired In-App Purchase, providing payment information, and completing the transaction through a third-party payment gateway or service provider (e.g., PayMaya, GCash, PayPal).
  • All In-App Purchases are subject to the terms and conditions of the respective payment gateway or service provider, and End Users are responsible for any applicable taxes or fees associated with the purchase.
  • The prices for In-App Purchases are displayed within the Application and may be subject to change without prior notice. End Users will be billed through their respective payment method at the time of purchase, and they are responsible for maintaining accurate and up-to-date payment information.
  • Refund Policy:
    • End Users may request a refund for In-App Purchases within 14 days from the date of purchase.
    • To request a refund, End Users must follow the process specified within the Application or contact Aklanons.com’s customer support.
    • Refunds may be subject to the policies and procedures of the respective payment gateway or service provider, and Aklanons.com reserves the right to deny refund requests in cases of abuse or violation of this EULA or other applicable terms and conditions.
  • All In-App Purchases are licensed, not sold, and remain the property of Aklanons.com. End Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the In-App Purchases solely for personal, non-commercial purposes within the Application.
  • Aklanons.com reserves the right to terminate or suspend access to any In-App Purchases, without prior notice or liability, in case of violations of this EULA or other applicable terms and conditions. In such cases, no refunds will be provided, unless required by applicable law.
  • IN-APP PURCHASES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AKLANONS.COM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • AKLANONS.COM’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO IN-APP PURCHASES SHALL NOT EXCEED THE AMOUNT PAID BY THE END USER FOR THE SPECIFIC IN-APP PURCHASE THAT GAVE RISE TO THE CLAIM.
• Payment Processing
  • Payment Methods. The Application may offer certain in-app purchases or premium features that require payment. Aklanons.com accepts various payment methods for such purchases, including but not limited to credit/debit cards, mobile wallets, and online payment gateways such as PayMaya, GCash, and PayPal.
  • Payment Processing. Payment processing for in-app purchases is handled by third-party payment gateway providers. When making a purchase, the user’s payment information will be collected and processed by the respective payment gateway provider, subject to their terms and conditions. Aklanons.com does not store or have access to the user’s payment information.
  • Security and Data Privacy. All payment transactions are secured using industry-standard encryption and security protocols. Aklanons.com will handle any personal information collected during the payment process in accordance with its Privacy Policy.
  • Taxes and Fees. The user may be responsible for paying any applicable taxes, duties, or fees associated with in-app purchases, as per local laws and regulations.
  • Refunds and Cancellations.
    • Refund Policy. Users may request a refund for in-app purchases within fourteen (14) days from the date of purchase. To request a refund, the user must contact Aklanons.com through the designated support channels provided in the Application or on the company’s website.
    • Non-Refundable Purchases. Certain in-app purchases, such as virtual goods or services that have been consumed or used, may be non-refundable.
  • Third-Party Terms and Conditions. The payment gateway provider’s terms and conditions may apply to the payment process, in addition to this EULA. Users are encouraged to review the payment gateway provider’s terms and conditions before making any in-app purchases.
  • Disclaimer of Liability. Aklanons.com is not responsible for any issues, errors, or disputes related to the payment process, which is handled by a third-party payment gateway provider.
• Termination
  • Termination by Aklanons.com:
    • Aklanons.com reserves the right to terminate this EULA and the End User’s license to use the Application, with or without cause, at any time and without prior notice.
    • Aklanons.com may immediately terminate this EULA and the End User’s license if the End User breaches any term or condition of this EULA, including but not limited to unauthorized use, violation of intellectual property rights, or engagement in prohibited activities as outlined in the Acceptable Use section.
    • Upon termination by Aklanons.com, the End User’s license to use the Application shall immediately cease, and Aklanons.com may revoke the End User’s access to the Application and delete any associated user data or information.
  • Termination by the End User:
    • The End User may terminate this EULA and their license to use the Application at any time, without cause, by uninstalling and permanently deleting the Application from their device.
    • Upon termination by the End User, the End User shall cease all use of the Application and delete any copies or installations of the Application from their device.
  • Effects of Termination:
    • Upon termination of this EULA, whether by Aklanons.com or the End User, the End User shall immediately cease all use of the Application and delete any copies or installations of the Application from their device.
    • The termination of this EULA shall not affect any rights or obligations that have accrued prior to the termination date, including but not limited to payment obligations, intellectual property rights, and limitations of liability.
  • Suspension of Access:
    • Aklanons.com reserves the right to temporarily suspend the End User’s access to the Application, with or without notice, for reasons including but not limited to maintenance, investigation of potential violations, or other legitimate purposes.
    • Aklanons.com shall make reasonable efforts to provide advance notice of any planned suspension of access, except in cases of emergency or suspected violations.
    • Aklanons.com shall reinstate the End User’s access to the Application upon resolution of the issue that led to the suspension, subject to the End User’s compliance with this EULA.
  • Termination for Insolvency or Bankruptcy:
    • Either party may terminate this EULA immediately upon written notice if the other party becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors.
  • Survival of Obligations:
    • Certain obligations under this EULA shall survive the termination or expiration of this EULA, including but not limited to payment obligations, confidentiality, indemnification, and limitations of liability.
  • No Liability for Termination:
    • Aklanons.com shall not be liable to the End User or any third party for any damages or losses arising from the termination or suspension of the End User’s access to the Application, subject to applicable laws.
  • Refunds and Payments:
    • In the event of termination by Aklanons.com or the End User, any outstanding payments or fees owed by the End User for in-app purchases or subscriptions shall become immediately due and payable.
    • Aklanons.com may, at its sole discretion, provide refunds or compensation for in-app purchases or subscriptions in the event of termination, subject to the refund policy outlined in the In-App Purchases section of this EULA.
• Limitation of Liability
  • Disclaimer of Warranties. THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. AKLANONS.COM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
  • Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKLANONS.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF AKLANONS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AKLANONS.COM’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APPLICATION SHALL NOT EXCEED PHP 5,000.
  • Exclusions. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO LIABILITY ARISING FROM AKLANONS.COM’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL VIOLATIONS OF THIS EULA, OR TO LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY THE APPLICATION’S USE.
  • Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AKLANONS.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO YOUR VIOLATION OF THIS EULA OR YOUR MISUSE OF THE APPLICATION.
  • Third-Party Services and Content. AKLANONS.COM DISCLAIMS ANY LIABILITY FOR THIRD-PARTY SERVICES, CONTENT, OR LINKS INTEGRATED INTO OR ACCESSED THROUGH THE APPLICATION. AKLANONS.COM DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR SUCH THIRD-PARTY SERVICES OR CONTENT.
  • Compliance with Laws. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL NOT LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER PHILIPPINE LAW.
  • Severability. IF ANY PROVISION OF THIS SECTION IS FOUND TO BE UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
• Governing Law and Dispute Resolution
  • Governing Law. This EULA shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.
  • Jurisdiction. Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of Kalibo, Aklan, Philippines.
  • Dispute Resolution.
    • Negotiation. In the event of any dispute, controversy, or claim arising out of or relating to this EULA, the parties shall first attempt to resolve the matter through good-faith negotiations.
    • Mediation. If the parties are unable to resolve the dispute through negotiations within thirty (30) days, either party may submit the dispute to mediation in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI).
    • Arbitration. If the dispute remains unresolved after mediation, either party may refer the dispute to binding arbitration in accordance with the Arbitration Rules of the PDRCI. The arbitration shall be conducted in Kalibo, Aklan, Philippines, and the language of the arbitration shall be English.
  • Limitation Period. Any claim or cause of action arising out of or related to this EULA must be filed within two (2) years after the cause of action arose, or it will be forever barred.
  • Severability. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
  • Language. This EULA has been drafted in the English language, and the English version shall prevail in case of any discrepancies or conflicts with translations.
• Data Privacy
  • Data Collection and Use. Aklanons.com collects and uses certain personal information and data from users of the Application, including but not limited to name, contact information, device identifiers, usage data, and location data. This data is collected and used for the purposes of providing and improving the Application’s services, personalizing the user experience, and conducting analytics to enhance the Application’s functionality and performance. By using the Application, you consent to the collection and use of your data as described in this EULA and Aklanons.com’s Privacy Policy.
  • Data Sharing and Disclosure. Aklanons.com may share or disclose user data to third parties in the following circumstances:
    • With service providers and affiliates who assist in the operation and improvement of the Application;
    • To comply with legal obligations, court orders, or requests from government authorities;
    • To protect the rights, property, or safety of Aklanons.com, its users, or others;
    • In connection with a merger, acquisition, or sale of Aklanons.com’s assets.
  • Aklanons.com may also share non-personally identifiable data with third parties for marketing or other purposes. Users may opt-out of having their data shared for marketing purposes by contacting Aklanons.com or following the instructions provided in the Application.
  • Data Security. Aklanons.com implements reasonable security measures to protect user data from unauthorized access, use, or disclosure. However, no method of transmission or storage is completely secure, and Aklanons.com cannot guarantee the absolute security of user data. Users are responsible for maintaining the confidentiality of their account credentials and securing their devices.
  • Data Retention and Deletion. Aklanons.com will retain user data for as long as necessary to provide the Application’s services and comply with legal obligations. Users may request the deletion of their personal data by contacting Aklanons.com, subject to exceptions for legal requirements or legitimate business purposes.
  • Third-Party Services and Links. The Application may integrate or link to third-party services or websites. Aklanons.com is not responsible for the privacy practices or content of these third-party services, and users are advised to review the privacy policies of such services before using them.
  • Children’s Privacy. The Application is not intended for use by children under the age of 13. Aklanons.com does not knowingly collect personal information from children without parental consent.
  • Privacy Policy. Aklanons.com maintains a separate, comprehensive Privacy Policy that provides further details on its data collection, use, and protection practices. By using the Application, you acknowledge and agree to the terms of Aklanons.com’s Privacy Policy, which is incorporated into this EULA by reference.
  • Updates and Changes. Aklanons.com reserves the right to update or modify this Data Privacy section and its Privacy Policy at any time. Users will be notified of any material changes through the Application or by other means, and continued use of the Application after such notification constitutes acceptance of the updated terms.
  • User Rights and Choices. Users have certain rights regarding their personal data, including the right to access, correct, delete, or port their data. Users may exercise these rights by contacting Aklanons.com using the contact information provided in the Application or EULA.
  • Contact Information. For any questions or concerns regarding data privacy, users may contact Aklanons.com at [email protected] or via the Contact Us online form.
• Updates and Modifications
  • Aklanons.com reserves the right, at its sole discretion, to update, modify, or discontinue the Application or any part thereof at any time, without prior notice to the End User.
  • Aklanons.com may revise or update the terms of this EULA from time to time. The updated EULA will be effective upon posting on the Application or Aklanons.com’s website.
  • By continuing to use the Application after any updates or modifications, the End User agrees to be bound by the revised terms of the EULA. If the End User does not agree with the updated terms, their sole remedy is to discontinue using the Application.
  • Aklanons.com may notify the End User of significant updates or modifications to the Application or EULA through in-app notifications, email, or other reasonable means. However, the End User is responsible for regularly reviewing the EULA for any changes.
  • Aklanons.com does not guarantee that updates or modifications will be compatible with all devices or operating systems. The End User may need to update their devices or software to continue using the Application after certain updates or modifications.
  • Aklanons.com reserves the right to terminate or suspend the availability of the Application or any part thereof at any time, without prior notice or liability.
• Contact Information
  • For any inquiries, concerns, or issues related to the Application or this EULA, the End User may contact Aklanons.com using the following contact information:
    • Email: [email protected]
    • Mailing address: Aklanons.com, Kalibo, Aklan, Philippines
  • Aklanons.com’s preferred method of communication is via the Contact Us page. When contacting Aklanons.com, the End User should provide their name, email address, and a brief description of the inquiry or concern.
  • Aklanons.com will endeavor to respond to all inquiries within 5 business days.
  • Aklanons.com can provide support and respond to inquiries in [English and Filipino languages].
  • Aklanons.com reserves the right to modify or update the contact information at any time. The End User should refer to the most recent version of this EULA for the latest contact details.
• Entire Agreement
  • This Agreement constitutes the entire agreement between Aklanons.com and the End User concerning the use of the Application and supersedes and replaces any prior agreements, representations, or understandings, whether written or oral, regarding the subject matter.
  • Neither party has relied on any statements, promises, or representations not expressly stated in this Agreement.
  • Any modifications or amendments to this Agreement must be made in writing and signed by authorized representatives of both parties to be valid and enforceable. Verbal or implied modifications or amendments shall not be binding on the parties.
  • If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
  • This Agreement is written and shall be interpreted in the English language. In case of any conflict or inconsistency between the English version and any translated version, the English version shall prevail.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of May 1, 2025.

By: Jesse U. Acevedo

Name: Jesse Acevedo

Title: Creator

Date: May 1, 2025

By: _______________________

Name: [PARTY B REPRESENTATIVE NAME]

Title: [PARTY B REPRESENTATIVE TITLE]

Date: [SIGNATURE DATE]