These license terms (the “Terms”) are an agreement by and among UiPath, Inc., with its headquarters at 90 Park Avenue, 20th floor, New York, New York, 10016 United States, and UiPath SRL, with its headquarters at 4 Vasile Alecsandri Str. And 11 Daniel Constantin Str., Building A, floors 5 and 6, District 1, 010639 Bucharest, Romania (individually and collectively “UiPath”) on one side and, on the other side, you. Please read them. They apply to the UiPath Mobile Orchestrator application (“software”) and to any (i) updates, (ii) supplements, (iii) documentation, (iv) derivative works, (v) Internet-based services, and (vi) support services for the software, unless other terms accompany those items; if so, those terms apply.
The software enables you to remotely access and operate the web-based version of the UiPath RPA Platform or any of its components, as provided to you in a UiPath license agreement (“UiPath License Agreement”). You may only use the software if (i) you have a valid UiPath License Agreement for the use of the UiPath RPA Platform or (ii) your company has a valid UiPath License Agreement for use of the UiPath RPA Platform and you are an authorized user under that UiPath License Agreement. You will find information about licensing the UiPath RPA Platform on the UiPath official website (https://www.uipath.com/).
BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT INSTALL AND/OR USE THE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.
IF YOU COMPLY WITH THE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
INSTALLATION AND USE. If you comply with these Terms, you may install and use the software on mobile devices that you own or control, in conjunction with the web-based version of the UiPath RPA Platform or any of its components, as provided in the UiPath License Agreement.
2. SCOPE OF LICENSE.
The software is licensed, not sold. The Terms only give you some rights to use the software. UiPath reserves all other rights. Unless and to the extent applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in the Terms. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not (or allow those acting on your behalf to):
In its own discretion, UiPath may suspend, disable, or terminate a user's access to all or part of the software. If you are aware of any unauthorised use or security breach of your account, you must promptly notify your company, or UiPath at firstname.lastname@example.org email@example.com if you are a licensee under the UiPath Community Edition License Agreement.
3. THIRD PARTY LICENSES.
The software contains or may be used in conjunction with other software, including open source, which are the property of their respective owners and are licensed under their respective licenses specified in the documentation applicable to the software.
4. PRIVACY AND DATA USE CONSENT.
UiPath will not collect any personal identifiable information (“PII”) about you by way of the software. UiPath will collect only aggregated technical information, such as device type, usage data, active sessions or crash reports. You agree that UiPath and its subsidiaries may collect and use the aggregated technical information gathered as part of the software support services provided, if any, related to the software and the UiPath RPA Platform. UiPath may use this information in its discretion to improve the software or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
The software displays existing information via an Application Programming Interface (“API”) that does not collect information regarding your mobile device usage. To use the software securely, you can enable biometric authentication on your mobile device, such as Touch ID or Face ID on iOS and Fingerprint or SmartLock on Android. Biometric data, your username or log-in credentials may be stored on your device and may be processed by third parties such as device manufacturers, operating system providers or Marketplace Providers. The processing of your data by these categories of data controllers is subject to their applicable privacy policies which we encourage you read. If you have further questions on how and if your PII is processed please contact your company, or UiPath at firstname.lastname@example.org if you are a UiPath Community Edition user.
5. EXPORT RESTRICTIONS.
The software is subject to U.S. and international laws, restrictions and regulations that may govern the import, export and use of the software. You agree to comply with all applicable laws, restrictions and regulations. UiPath expressly forbids the access to the software by any natural persons or companies which are listed on the list of restricted parties by the governing bodies of the United States of America, the European Union and the United Nations (“Export Control Regulations”). You represent and warrant that you are not listed as a sanctioned party by the Export Control Regulations and that you do not and will not access the software on behalf of or for the benefit of a sanctioned party according to the Export Control Regulations. UiPath reserves the right to suspend, at any time in its sole discretion, the access to the software and/or the UiPath RPA Platform of any individual or company if UiPath finds that the respective individual or company has been listed as a sanctioned party according to the Export Control Regulations, or that it accesses the software on behalf or for the benefit of a restricted party according to the Export Control Regulations.
6. SUPPORT SERVICES.
This software is offered “as is,” without any warranties such as functioning without delays, disruptions or imperfections and UiPath does not provide support services for it.
7. ENTIRE AGREEMENT.
These Terms, and the terms for any (i) updates, (ii) supplements, (iii) documentation, (iv) derivative works, (v) Internet-based services, and (vi) support services for this software, if any, are the entire agreement for the software and support services, if any.
8. APPLICABLE LAW.
The Terms are governed by and will be interpreted in accordance with the laws of (i) New York if you are a resident of the United States of America, Canada or Mexico; or (ii) the Netherlands if you are a resident of any other country in the world. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. Any and all disputes resulting out of or in relation to the Terms will be settled amicably and, if such will not be possible, the disputes will be settled, to the extent permissible under applicable law, (i) by the courts of New York, if you are a resident of the United States of America, Canada or Mexico or (ii) by the courts of Amsterdam, The Netherlands, if you are a resident of any other country of the world.
If you use the software in conjunction with the UiPath RPA Platform licensed to you under UiPath Community Edition License Agreement and you are a consumer according to applicable consumer laws, the APPLICABLE LAW section does not override those laws.
9. THIRD PARTY BENEFICIARIES.
The software is made available by way of an applications marketplace. You agree that the applications marketplace service providers and their subsidiaries (“Marketplace Providers”) are third party beneficiaries of these Terms, and the Marketplace Providers have the right to enforce these Terms.
10. DISCLAIMER OF WARRANTY.
THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. UIPATH GIVES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS AND UIPATH DOES NOT PROVIDE ANY SUPPORT SERVICES FOR THE SOFTWARE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR APPLICABLE LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR APPLICABLE LOCAL LAWS, UIPATH DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY AGREEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
To the extent permissible under applicable law, UiPath disclaims any and all liability for any damages you incur arising from or related to the use, download or other interaction with the software. To the extent permissible under applicable law, under no circumstances will UiPath or its affiliates, contractors, employees, agents, licensors and their affiliates or third parties, partners or suppliers be liable for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation damages arising from any legal dispute, lost data, lost business, lost revenues or loss of anticipated profits) arising out of or relating to these Terms or that result from or arise out of your use or your inability to use the software or third party sites, software or other material, even if UiPath, its licensors or their affiliates or an authorized representative of UiPath or its licensors or their affiliates has been advised of the possibility of such damages. Where the above exclusion of liability is not valid or permitted by applicable law, the maximum aggregate liability of UiPath for each and all claims, actions and proceedings (individually and together) under or relating to the use of the software will not exceed US $100 (one hundred US dollars), whether in contract or tort and regardless of the theory of liability.
This limitation also applies if:
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Any suggestions, ideas, comments, and other feedback regarding the software or the UiPath RPA Platform provided by you to UiPath ("Feedback") may be used at UiPath’s sole discretion and without any restriction or compensation to you.