Terms of Use
END USER LICENSE AGREEMENT
is licensed to You (End-User), for use only
under the terms of this License Agreement.
By downloading the Applications from the
Apple AppStore, and any update thereto (as
permitted by this License Agreement), You
indicate that You agree to be bound by all of the
terms and conditions of this License
Agreement, and that You accept this License
Agreement.
The parties of this License Agreement
acknowledge that Apple is not a Party to this
License Agreement and is not bound by any
provisions or obligations with regard to the
Application, such as warranty, liability,
maintenance and support thereof. , not Apple,
is solely responsible for the licensed Application
and the content thereof.
This License Agreement may not provide for
usage rules for the Application that are in
conflict with the latest App Store Terms of
Service. acknowledges that it had the
opportunity to review said terms and this
License Agreement is not conflicting with them.
All rights not expressly granted to You are
reserved.
1. THE APPLICATION
(hereinafter: Applications) is a piece of
software created to mobile applications (means
applications and games (each an “App”,
collectively “Apps”) and any related
documentation, services; any images, logos,
music, photographs and video content that are
incorporated into and form part of our Apps
(“App Content”) are owned, operated and
managed by (we / us / our) as an individual.
Applications are not tailored to comply with
industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA),
Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use these
Applications. You may not use the Applications
in a way that would violate the Gramm-Leach-
Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-
exclusive, non-sublicensable license to install
and use the Licensed Application on any Apple-
branded Products that You (End-User) own or
control and as permitted by the Usage Rules set
forth in this section and the App Store Terms of
Service, with the exception that such licensed
Application may be accessed and used by other
accounts associated with You (End-User, The
Purchaser) via Family Sharing or volume
purchasing.
2.2 This license will also govern any updates of
the Application provided by Licensor that
replace, repair, and/or supplement the first
Application, unless a separate license is
provided for such update in which case the
terms of that new license will govern.
2.3 You may not share or make the Application
available to third parties (unless to the degree
allowed by the Apple Terms and Conditions, and
with prior written consent), sell, rent, lend,
lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate,
disassemble, integrate, decompile, integrate,
remove, modify, combine, create derivative
works or updates of, adapt, or attempt to derive
the source code of the Application, or any part
thereof (except with prior written consent).
2.5 You may not copy (excluding when
expressly authorized by this license and the
Usage Rules) or alter the Application or portions
thereof. You may create and store copies only
on devices that You own or control for backup
keeping under the terms of this license, the App
Store Terms of Service, and any other terms
and conditions that apply to the device or
software used. You may not remove any
intellectual property notices. You acknowledge
that no unauthorized third parties may gain
access to these copies at any time.
2.6 Violations of the obligations mentioned
above, as well as the attempt of such
infringement, may be subject to prosecution
and damages.
2.7 Licensor reserves the right to modify the
terms and conditions of licensing.
2.8 Nothing in this license should be
interpreted to restrict third-party terms. When
using the Application, You must ensure that You
comply with applicable third-party terms and
conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Applications require a firmware version
1.0 or higher. Licensor recommends using the
latest version of the firmware.
3.2 Licensor attempts to keep the Application
updated so that it complies with modified/new
versions of the firmware and new hardware. You
are not granted rights to claim such an update.
3.3 You acknowledge that it is Your
responsibility to confirm and determine that the
app end-user device on which You intend to use
the Application satisfies the technical
specifications mentioned above.
3.4 Licensor reserves the right to modify the
technical specifications as it sees appropriate at
any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for
providing any maintenance and support
services for this licensed Application. You can
reach the Licensor at the email address listed in
the App Store Overview for this licensed
Application.
4.2 and the End-User acknowledge that Apple
has no obligation whatsoever to furnish any
maintenance and support services with respect
to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to
access and adjust Your downloaded licensed
Application content and Your personal
information, and that Licensor's use of such
material and information is subject to Your legal
agreements with Licensor and Licensor's
privacy policy.
6. USER GENERATED CONTRIBUTIONS
The Application does not offer users to submit
or post content. We may provide you with the
opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or
broadcast content and materials to us or in the
Application, including but not limited to text,
writings, video, audio, photographs, graphics,
comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be
viewable by other users of the Application and
through third-party websites or applications. As
such, any Contributions you transmit may be
treated in accordance with the Application
Privacy Policy. When you create or make
available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission,
public display, or performance, and the
accessing, downloading, or copying of your
Contributions do not and will not infringe the
proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret,
or moral rights of any third party.
2. You are the creator and owner of or have the
necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the
Application, and other users of the Application
to use your Contributions in any manner
contemplated by the Application and these
Terms of Use.
3. You have the written consent, release, and/or
permission of each and every identifiable
individual person in your Contributions to use
the name or likeness or each and every such
identifiable individual person to enable inclusion
and use of your Contributions in any manner
contemplated by the Application and these
Terms of Use.
4. Your Contributions are not false, inaccurate,
or misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional
materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as
determined by us).
7. Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any
other person and to promote violence against a
specific person or class of people.
9. Your Contributions do not violate any
applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy
or publicity rights of any third party.
11. Your Contributions do not contain any
material that solicits personal information from
anyone under the age of 18 or exploits people
under the age of 18 in a sexual or violent
manner.
12. Your Contributions do not violate any
applicable law concerning child pornography, or
otherwise intended to protect the health or
well-being of minors.
13. Your Contributions do not include any
offensive comments that are connected to race,
national origin, gender, sexual preference, or
physical handicap.
14. Your Contributions do not otherwise violate,
or link to material that violates, any provision of
these Terms of Use, or any applicable law or
regulation.
Any use of the Application in violation of the
foregoing violates these Terms of Use and may
result in, among other things, termination or
suspension of your rights to use the
Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process,
and use any information and personal data that
you provide following the terms of the Privacy
Policy and your choices (including settings).
By submitting suggestions of other feedback
regarding the Application, you agree that we
can use and share such feedback for any
purpose without compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of
your Contributions and any intellectual property
rights or other proprietary rights associated
with your Contributions. We are not liable for
any statements or representations in your
Contributions provided by you in any area in the
Application. You are solely responsible for your
Contributions to the Application and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal
action against us regarding your Contributions.
8. LIABILITY
8.1 Licensor takes no accountability or
responsibility for any damages caused due to a
breach of duties according to Section 2 of this
Agreement. To avoid data loss, You are required
to make use of backup functions of the
Application to the extent allowed by applicable
third-party terms and conditions of use. You are
aware that in case of alterations or
manipulations of the Application, You will not
have access to licensed Application.
9. PRODUCT CLAIMS
and the End-User acknowledge that , and not
Apple, is responsible for addressing any claims
of the End-User or any third party relating to the
licensed Application or the End-User’s
possession and/or use of that licensed
Application, 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 Your Licensed Application’s use
of the HealthKit and HomeKit.
10. LEGAL COMPLIANCE
You represent and warrant that You are 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 that You are
not listed on any U.S. Government list of
prohibited or restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or
claims concerning the licensed Application,
please contact at
raymondharris@sidneyjones.pro.
12. TERMINATION
The license is valid until terminated by or by
You. Your rights under this license will terminate
automatically and without notice from if You
fail to adhere to any term(s) of this license.
Upon License termination, You shall stop all use
of the Application, and destroy all copies, full or
partial, of the Application.
13. THIRD-PARTY TERMS OF AGREEMENTS
AND BENEFICIARY
represents and warrants that will comply with
applicable third-party terms of agreement when
using licensed Application.
In Accordance with Section 9 of the
"Instructions for Minimum Terms of Developer's
End-User License Agreement," Apple and
Apple's subsidiaries shall be third-party
beneficiaries of this End User License
Agreement and - upon Your acceptance of the
terms and conditions of this license agreement,
Apple will have the right (and will be deemed to
have accepted the right) to enforce this End
User License Agreement against You as a third-
party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
and the End-User acknowledge that, in the
event of any third-party claim that the licensed
Application or the End-User's possession and
use of that licensed Application infringes on the
third party's intellectual property rights, , and
not Apple, will be solely responsible for the
investigation, defense, settlement and
discharge or any such intellectual property
infringement claims.
15. MISCELLANEOUS
15.1 If any of the terms of this agreement
should be or become invalid, the validity of the
remaining provisions shall not be affected.
Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary
purpose.
15.2 Collateral agreements, changes and
amendments are only valid if laid down in
writing. The preceding clause can only be
waived in writing.
16. SUBSCRIPTIONS
1. Free or paid trial.
We may offer a free or paid (for a small
payment) trial subscription for service. Unless
you cancel at least 24 hours before the end of
the trial, you will be automatically charged a
price indicated on the payment screen or/and
Apple’s payment pop-up screen for a chosen
subscription period. Please note that if a trial is
offered, this will be explicitly stated on the price
screen before the checkout. If this is not the
case, you will purchase our subscription without
a trial.
2. Subscription.
The Subscription renews automatically for the
same period at the end of each Subscription
period ( (each week, month, 6 months, year, or
otherwise, depending on the option selected by
you at the time of purchase) at the cost of the
chosen package. Your Account will be charged
for the renewed Subscription within 24 hours
prior to the end of the current Subscription. If
You cancel automatic renewal within the last 24
hours of the Subscription, such cancellation will
take effect at the end of the new Subscription.
3. Payment method.
Payment will be charged to the payment
method you submitted at the time of purchase
at confirmation of purchase (after you confirm
by single-touch identification, facial recognition,
or otherwise accepting subscription terms
provided on the payment screen or on the pop-
up screen provided by Apple) or after the end of
the trial period. You authorize us to charge the
applicable subscription fees to the payment
method that you use.
4. Cancellation.
Your subscription renews automatically at the
end of each period until you cancel. You must
cancel your Subscription before it renews to
avoid the billing of the fees for the next
Subscription period.
• if You purchased the Subscription or enabled
trial on the App Store, please, change
subscription settings of Your Account. Learn
more about managing subscriptions (and how
to cancel them) on the Apple support page.
If You uninstall the App, Your Subscription will
not stop automatically. You must cancel
automatic renewal of Your Subscription in order
not to be charged with the cost of the new
Subscription.
5. Refunds.
If you purchased a subscription or enabled trial
on App Store: If you are eligible for a refund,
you’ll have to request it directly from Apple. To
request a refund, follow these instructions from
the Apple support page.
6. Changes
To the maximum extent permitted by applicable
laws, we may change subscription fees at any
time. We will give you reasonable notice of any
such pricing changes by posting the new prices
on or through the app and/or by sending you an
email notification, or in other prominent ways. If
you do not wish to pay the new fees, you can
cancel the applicable subscription prior to the
change going into effect.
If you have any questions in relation to the
subscription terms, please contact us : hello@yuni-praistov.com