This End-User License Agreement (“EULA”) is a legal agreement between you and the Publisher (“we”, “us” or “our”) which governs your use of the Publisher’s Applications (“our Apps”). Our Apps are available either through distribution services such as Apple’s App Store, Google’s Play Store (“Distribution services”) or as online. By installing our Apps from Distribution services we support or otherwise using our Apps, you agree to the terms and conditions of this EULA. The terms and conditions of this EULA also apply to any of our Apps or App updates, supplements, and services that are not provided under a separate license agreement.
If you do not agree to the terms and conditions of this EULA, do not install or use any of our Apps. We may amend these terms and conditions from time to time. We will notify you of the changes by reasonable means eg. by email or by an in-app message. If you do not agree with any amendment, you must stop using our Apps.
Where the terms of this EULA differ from the EULA of the Distribution service you use, the Distribution service’s EULA overrides the term in question of this EULA. Where the local legislation of your country of residence differs from this EULA, the local legislation overrides the term in question of this EULA.
GENERAL RULES OF USAGE:
ACCESS TO APPS: We grant you a nontransferable license to install and use the Application on any applicable devices that you own or control and as permitted by the Usage Rules. Note that some of our Apps require an additional subscription service to function properly.
CONSENT TO THE USE OF NON-PERSONAL DATA: You agree that the application Distribution service you use may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to our Apps. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
UPDATES: Our Apps may be updated, for example, for bug fixes, improved usability or addition or removal of content or features (collectively, "Updates"). By agreeing to these Terms and installing our Apps from Distribution services we support, you agree to receive such Updates automatically.
NETWORK ACCESS: You must provide an Internet connection for the device you use our Apps on, and our Apps must be able to access our servers from your device. We do not limit access to our servers by your country of residence or operator, but limitations can be imposed by the authorities in your country of residence or by your internet operator.
PURCHASES AND PAYMENTS:
SUBSCRIPTION SERVICES: The use of some of our Apps requires a subscription. You may obtain a subscription from Apple App Store, Google Play store or some other of the Distribution services we support. Payment for such a subscription (which may be for example monthly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google).
AUTOMATIC RENEWAL: The subscription automatically renews for the same price and duration period as the original weekly/monthly/yearly plan unless auto-renew is turned off at least 24-hours before the end of the current period.
CANCELLING YOUR SUBSCRIPTION: You can cancel a subscription service at any time during the subscription period through the Distribution service you use.
TRIAL PERIODS: Our Apps may be offered with a free trial period. You will have to give your payment information at the start of the trial, but you will be charged only after the end of the trial period. Free trial subscriptions may be cancelled before the expiry of the free trial. Depending on the Distribution service you use, you may have to cancel a specified time before the end of the free trial period. For example, to be Apple App Store requires the cancellation to be done 24 hours before the end of the trial period.
LIMITATIONS AND DISCLAIMERS
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
ADDITIONAL TERMS FOR APPSTORE USERS
1. Acknowledgement: You acknowledge that the EULA is concluded between You and us only, and not with Apple, and we, not Apple, are solely responsible for the Licensed Application and the content thereof. Where any terms in this agreement are in conflict with the Apple Media Services Terms and Conditions as of the October 2020, the
2. Scope of License: The license granted to you for our Apps is limited to a non-transferable license to use our Apps on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Apps.
4. Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of our Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the particular Application to you; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
5. Product Claims: We, not Apple, are responsible for addressing any of your claims or the claims of any third party relating to our Apps or your possession and/or use of our Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with our Apps’s use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights: In the event of any third party claim that the Licensed Application or the End-User’s possession and use of our Apps infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Our contact information is listed at the end of the EULA.
9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using our Apps.
10. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
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