•

Barky

EULA

Barkworthy Notes End User License Agreement (EULA)

Last Updated: May 17, 2025

This End User License Agreement (“EULA”) is a legal contract between you (“User” or “you”) and Barkworthy Notes, a business registered in Norway, operating through https://thebarkworthynotes.com and its Whop store and Substack outlets (“we,” “us,” or “Barkworthy Notes”). This EULA governs your access to and use of any digital products, including but not limited to trading templates, tools, downloadable content, or other software-like materials (collectively, “Licensed Products”) purchased or accessed through our Whop store. By purchasing, downloading, accessing, or using the Licensed Products, you agree to be bound by this EULA, as well as our Terms of Service, Privacy Policy, Refund Policy, and Disclaimer (collectively, “Agreements”), available at https://thebarkworthynotes.com/terms-of-service. If you do not agree to this EULA or the Agreements, do not purchase, download, or use the Licensed Products.

1. Grant of License

Barkworthy Notes grants you a non-exclusive, non-transferable, revocable, limited license to use the Licensed Products for personal, non-commercial, educational purposes, subject to the terms of this EULA and the Agreements. This license permits you to:

  • Download and install the Licensed Products on your personal device(s) for your individual use.
  • Use the Licensed Products in connection with our Services (e.g., trading education content) as intended, per our Disclaimer’s Section 1.

2. Restrictions

You may not:

  • Copy, reproduce, modify, adapt, translate, or create derivative works of the Licensed Products without prior written permission from Barkworthy Notes.
  • Distribute, sell, sublicense, lease, rent, or share the Licensed Products with others, including sharing access credentials or downloadable files.
  • Reverse-engineer, decompile, disassemble, or attempt to derive the source code or structure of the Licensed Products, except as permitted by applicable law.
  • Use the Licensed Products for commercial purposes, such as reselling trading strategies or offering paid services based on the Licensed Products.
  • Remove, alter, or obscure any copyright, trademark, or proprietary notices included in the Licensed Products.
  • Use the Licensed Products in any manner that violates applicable laws, our Agreements, or third-party rights, including providing unregistered investment advice, per our Disclaimer’s Section 13.

3. Ownership

The Licensed Products are owned by Barkworthy Notes or its licensors and are protected by copyright, trademark, and other intellectual property laws in Norway, the European Economic Area (EEA), the United States, and other jurisdictions. You acknowledge that:

  • You receive only a limited license to use the Licensed Products, not ownership.
  • All rights, title, and interest in the Licensed Products, including updates or modifications, remain with Barkworthy Notes, per our Terms of Service’s Section 5.

4. Compatibility and Use

  • You are responsible for ensuring your devices meet any technical requirements for using the Licensed Products (e.g., compatible software, internet access).
  • The Licensed Products are provided “as is,” with no warranties regarding functionality, performance, or suitability for your purposes, per our Disclaimer’s Section 13.
  • The Licensed Products are for entertainment, educational, and informational purposes only and do not constitute investment advice or guarantees of trading success, per our Disclaimer’s Sections 1 and 2.

5. Updates and Modifications

  • Barkworthy Notes may provide updates, patches, or modifications to the Licensed Products at our discretion. Updates are subject to this EULA.
  • We may modify or discontinue the Licensed Products or your access to them, with or without notice, and are not liable for any resulting loss of access, per our Disclaimer’s Section 13.

6. Termination

  • This EULA and your license to use the Licensed Products terminate automatically if you violate any terms of this EULA or the Agreements, including non-payment or unlawful use.
  • We may terminate your license at our discretion, with or without notice, for reasons such as legal compliance, safety, or discontinuation of the Licensed Products.
  • Upon termination, you must cease using and delete all copies of the Licensed Products from your devices. Sections 3 (Ownership), 7 (Liability), 8 (Indemnification), and 10 (Governing Law) survive termination.

7. Limitation of Liability

To the fullest extent permitted by law, Barkworthy Notes, its employees, owners, officers, agents, advisors, affiliates, and representatives are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Licensed Products, including but not limited to:

  • Losses from trading decisions or reliance on the Licensed Products, per our Disclaimer’s Section 2.
  • Technical issues, data loss, or interruptions in access, per our Disclaimer’s Section 13.
  • Third-party actions or content linked to the Licensed Products. The Licensed Products are provided “as is” without warranties, express or implied, including for merchantability, fitness for a particular purpose, or non-infringement, per our Disclaimer’s Section 13. You use the Licensed Products at your own risk.

8. Indemnification

You agree to indemnify and hold harmless Barkworthy Notes and its associated parties from any claims, losses, damages, or liabilities arising from your use of the Licensed Products, violation of this EULA, or infringement of third-party rights, per our Disclaimer’s Section 13.

9. Compliance with Laws

As a Norway-registered business, we comply with GDPR, the EU Consumer Rights Directive (2011/83/EU), and applicable U.S. laws (e.g., California Consumer Legal Remedies Act). You agree to use the Licensed Products in compliance with all applicable laws in your jurisdiction, including:

  • For EEA users: GDPR and consumer protection laws, per our Privacy Policy’s Section 7.
  • For U.S. users: Federal and state laws, per our Disclaimer’s Section 17. You acknowledge that the Licensed Products are not investment advice or solicitations, per our Disclaimer’s Section 1.

10. Governing Law and Dispute Resolution

This EULA is governed by:

  • New York law for U.S. users, with disputes resolved in competent courts in New York, unless otherwise required by law, per our Disclaimer’s Section 17.
  • Norwegian law for EEA users, with disputes resolved in Norway or your local jurisdiction under EU consumer laws, per our Disclaimer’s Section 16. You agree to attempt informal resolution by contacting barky@thebarkworthynotes.com before pursuing legal action. EEA users may use the EU Online Dispute Resolution platform or contact the Norwegian Consumer Authority.

11. Third-Party Platforms

The Licensed Products may be delivered via third-party platforms (e.g., Whop, Substack, Discord). Your use of these platforms is subject to their terms and policies, and we are not liable for their practices, per our Disclaimer’s Section 13. Refunds for Licensed Products are governed by our Refund Policy at https://thebarkworthynotes.com/refund-policy

12. Updates to This EULA

We may update this EULA to reflect changes in our practices, Licensed Products, or legal requirements. The latest version will be posted at https://thebarkworthynotes.com/eula, with significant changes notified via email, Substack, or our Whop store. Continued use of the Licensed Products after updates implies consent, per our Disclaimer’s Section 20.

13. Contact Us

For questions, concerns, or disputes regarding this EULA, contact us at barky@thebarkworthynotes.com. EEA users may contact the Norwegian Data Protection Authority (Datatilsynet) or Consumer Authority. U.S. users may contact relevant state authorities.

14. Acknowledgment

By purchasing, downloading, accessing, or using the Licensed Products through our Whop store or other channels, you expressly agree and acknowledge that you have read, understood, and consent to this EULA and the Agreements. If you do not agree, do not purchase, download, or use the Licensed Products.