End-User License Agreement (EULA)

Effective Date: 16 - 10 - 2025

Last Updated: 16 - 10 - 2025

Preamble

This End-User License Agreement ("Agreement") constitutes a legally binding contract between you ("End User" or "you") and 42 Creative Hub™, a company registered in Ireland and having its principal place of business at HQ Rivercourt Penthouse Floor, Cornmarket Square, Limerick - Ireland  ("Licensor," "we," or "us").

By downloading, accessing, or using our digital products, software, or services, you hereby signify your unequivocal acceptance of and agreement to be bound by the terms and conditions set forth in this Agreement.

1. Grant of License

Subject to your strict compliance with all the terms and conditions of this Agreement and your payment of all applicable license fees, the Licensor hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to:

• Download, install, and execute the digital product or software on your personal or business device(s).

• Utilise the digital product solely for your personal or internal business purposes.

Unless otherwise expressly specified in a separate agreement, this license is granted for individual use and expressly excludes any right to redistribute or commercially resell the digital product.

2. Scope of Restrictions

Under no circumstances shall you be permitted to:

• Modify, adapt, translate, reverse engineer, decompile, or disassemble the software or digital content, except to the extent expressly permitted by applicable law.

• Utilise the digital product for any unlawful, harmful, or offensive purpose, as determined in our sole discretion.

• Remove, alter, or obscure any proprietary notices, trademarks, service marks, or labels affixed to or embedded within the digital product.

• Share, sell, rent, lease, sublicense, or distribute the digital product, in whole or in part, to any third party without obtaining our prior express written consent.

• Utilise the digital product to develop, create, or market any products or services that are competitive with the Licensor's offerings.

3. Intellectual Property Ownership

All intellectual property rights subsisting in and pertaining to the digital product, including but not limited to software code, designs, documentation, content, and any derivative works thereof, shall remain the sole and exclusive property of 42 Creative Hub™ or our respective licensors.

This Agreement does not confer upon you any ownership rights, title, or interest in or to the digital product.

All trademarks, service marks, logos, and trade names, whether registered or unregistered, are proprietary to 42 Creative Hub or their respective owners and may not be used without obtaining the express written consent of the owner.

4. Provision of Updates and Support

The Licensor may, at its sole discretion, provide updates, enhancements, or bug fixes to the digital product from time to time. Any such updates shall be governed by the terms and conditions of this Agreement, unless expressly accompanied by a separate license agreement.

Support services, if included as part of your purchase or subscription, shall be provided in accordance with the terms and conditions outlined in our Service Agreement.

5. Term and Termination Provisions

This Agreement shall remain in full force and effect:

• For one-time purchase licenses: In perpetuity, unless terminated earlier in accordance with the provisions herein.

• For subscription-based licenses: For the duration of your valid subscription period.

The Licensor reserves the unequivocal right to terminate this Agreement with immediate effect if:

• You commit a material breach of any of the terms and conditions stipulated herein.

• You fail to remit payment of any applicable license fees when due.

• You engage in any misuse of the digital product or violate any applicable laws or regulations.

Upon termination of this Agreement, you shall immediately cease all use of the digital product and promptly delete all copies thereof from all devices and storage media under your control.

6. Consumer Rights and Right of Withdrawal (EU Consumers)

If you are a consumer residing within the European Union, you may be entitled to a 14-day right of withdrawal from the purchase contract, subject to the following conditions:

• The digital product has not been downloaded or accessed by you.

• You have not explicitly waived your right of withdrawal at the time of purchase by providing your consent to the immediate commencement of performance.

By downloading or commencing the use of the digital product, you expressly acknowledge and agree that you thereby waive your statutory right of withdrawal, in accordance with the provisions of the Consumer Rights Directive (2011/83/EU).

7. Disclaimer of Warranties and Limitation of Liability

To the fullest extent permissible under applicable law:

• The digital product is provided to you on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.  

• The Licensor does not warrant that the software will be error-free, uninterrupted, or that it will meet your specific requirements or expectations.  

This disclaimer of warranties shall not operate to exclude or limit any statutory consumer rights that you may possess under EU and Irish consumer protection law, including your right to a repair, replacement, or refund in the event that the digital product is faulty or not as described.

To the maximum extent permitted by applicable law, the Licensor shall not be liable to you for:

• Any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use or inability to use the digital product.  

• Any loss of profits, loss of business, loss of data, or damage to reputation.

• Any claim against the Licensor exceeding the aggregate amount paid by you for the license to the digital product.

Notwithstanding the foregoing, nothing in this Agreement shall operate to limit or exclude the Licensor's liability for fraud, gross negligence, or death or personal injury caused by the Licensor's negligence.

8. Data Protection and Privacy Compliance

The utilisation of the digital product may involve the processing of your personal data. All such processing shall be conducted in strict compliance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the Irish Data Protection Act 2018.

For detailed information regarding our data processing practices, please refer to our Privacy Policy.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Ireland. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland, except where mandatory consumer law provisions of EU law require otherwise.

10. Entire Agreement Clause

This EULA constitutes the entire agreement and understanding between you and 42 Creative Hub with respect to your use of the digital product and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral.  

11. Contact Information for Inquiries

For any inquiries or concerns regarding this Agreement, please contact us at:

42 Creative Hub™

• Electronic Mail Address: legal@42creativehub.com

• Registered Address: HQ Rivercourt Penthouse Floor, Cornmarket Square, Limerick V94 FVH4 - Ireland