End User License Agreement

This End User License Agreement ("EULA") is a legally binding agreement between you ("Licensee" or "you") and Belya S.A. ("Belya," "Licensor," "we," or "us") governing your use of the Belya software platform, web application, reports, analyses, and all associated content and services (collectively, the "Software").

By installing, accessing, or using the Software, you agree to be bound by this EULA. If you do not agree, do not install, access, or use the Software.

Subject to your compliance with this EULA and payment of applicable fees, Belya grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to access and use the Software solely for your internal, non-commercial purposes.

This license is strictly personal to you. You may not allow any other person or entity to access or use the Software under your license.

You shall not, and shall not permit any third party to:

• Copy, reproduce, or distribute: any portion of the Software or its output, including reports, analyses, data, or visualizations, except as expressly permitted by Belya
• Resell or sublicense: rent, lease, lend, sell, sublicense, assign, or otherwise transfer the Software or any license rights to any third party
• Share or transfer: make the Software or any report available to any unauthorized person, including colleagues, affiliates, or related entities
• Modify or create derivative works: alter, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software
• Remove or tamper: remove, alter, obscure, or circumvent any electronic signature, watermark, copyright notice, digital fingerprint, or other identifying or protective measure embedded in the Software or its output
• Automated use: use bots, scrapers, crawlers, or other automated means to access, extract, or monitor the Software
• AI/ML training: use the Software or its output to train, fine-tune, or augment any artificial intelligence, machine learning, or large language model
• Unlawful use: use the Software for any illegal, fraudulent, or unauthorized purpose

Each report generated by the Software incorporates a unique electronic signature — which may include a digital fingerprint, forensic watermark, cryptographic identifier, or similar technology — that unambiguously identifies the authorized Licensee. This signature is embedded automatically and cannot be removed, altered, obscured, or circumvented.

Any attempt to remove, modify, or tamper with the electronic signature constitutes a material breach of this EULA and may subject the violator to legal action including claims for copyright infringement, breach of contract, and unauthorized access to computer systems under applicable law.

In the event of any unauthorized resale, redistribution, sharing, or other prohibited use of a Report, the Licensee agrees to pay Belya S.A. liquidated damages of no less than three (3) times the standard individual subscription price per Report per unauthorized recipient, as a genuine pre-estimate of the loss Belya would suffer. This remedy is without prejudice to Belya's right to seek injunctive relief, actual damages, or any other remedy available under applicable law.

Belya S.A. reserves the right, upon no less than ten (10) business days' written notice and during normal business hours, to audit the Licensee's use of the Software and Reports to verify compliance with this EULA. The Licensee shall provide reasonable assistance and access to relevant records, systems, and personnel.

If an audit reveals unauthorized use or distribution, the Licensee shall reimburse Belya for the full cost of the audit, in addition to any liquidated damages or other remedies arising from the breach.

The Software, including all intellectual property rights therein, is and shall remain the exclusive property of Belya S.A. or its licensors. This EULA does not convey to you any ownership interest or title in the Software. All rights not expressly granted are reserved by Belya.

Belya may, at its sole discretion, update, modify, or enhance the Software at any time. Such updates may be automatic. Belya reserves the right to modify this EULA with notice to you; continued use after the effective date constitutes acceptance.

This EULA is effective from your first access to the Software and continues until terminated. Belya may terminate this EULA immediately if you breach any provision. Upon termination, you must cease all use of the Software and permanently delete all copies, including reports, extracts, and derivative materials in your possession.

Sections 3 (License Restrictions), 5 (Liquidated Damages for Unauthorized Use), 7 (Ownership), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law and Jurisdiction) survive termination.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. Belya does not warrant that the Software will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

To the maximum extent permitted by Luxembourg law, Belya S.A. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, arising from or related to this EULA or your use of the Software. Belya's total liability shall not exceed the fees paid by you in the 12 months preceding the claim. This limitation does not apply in cases of gross negligence (faute lourde) or willful misconduct (dol), or in cases of personal injury or death.

You agree to indemnify, defend, and hold harmless Belya S.A. from any claims, damages, losses, and expenses (including legal fees) arising from your breach of this EULA, your unauthorized use of the Software, or your violation of any law or third-party rights.

You agree to comply with all applicable export and re-export control laws and regulations. You shall not access or use the Software from any country subject to sanctions or embargoes, or if you are on any restricted party list.

This EULA is governed by Luxembourg law. Any dispute shall be submitted to the exclusive jurisdiction of the courts of Luxembourg City. Belya may seek injunctive relief in any competent court for violations of its intellectual property rights.

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.

This EULA, together with the Terms and Conditions, Privacy Policy, Disclaimer, and Cookie Policy, constitutes the entire agreement between you and Belya regarding the Software and supersedes all prior agreements. If any provision is found unenforceable, the remaining provisions remain in full force.

For questions about this EULA, contact us at contact@belya.lu.