Zen Devices and Zen Mobile App End User License Agreement and Limited Warranty
IMPORTANT – PLEASE READ CAREFULLY. PERMISSION TO USE ZEN DEVICES, ZEN WEBSITE DATA AND ZEN MOBILE APP IS CONDITIONED UPON YOUR AGREEING TO THE TERMS SET OUT IN THIS END USER LICENSE AGREEMENT AND LIMITED WARRANTY (“EULA”). THIS EULA SETS OUT THE BASIS UPON WHICH WE PERMIT YOU TO USE THE ZEN DEVICES, ZEN WEBSITE DATA AND ZEN MOBILE APP AND INCLUDES AN INDEMNITY BY YOU, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY BY US AND A LIMITED WARRANTY.
BY CLICKING TO ACCEPT THIS EULA AND/OR INSTALLING OR USING THE ZEN DEVICES, ZEN WEBSITE DATA OR ZEN MOBILE APP, YOU AGREE TO BE BOUND BY THIS EULA, AND YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, WE DO NOT AUTHORIZE YOU TO INSTALL OR USE THE ZEN MOBILE APP, ZEN WEBSITE DATA OR ANY OF OUR INTELLECTUAL PROPERTY INCORPORATED WITHIN THE ZEN DEVICES, AND YOU MAY CHOOSE TO PROMPTLY RETURN THE ZEN DEVICES FOR A REFUND OF THE PURCHASE PRICE BY CONTACTING ZEN WITHIN INC. AT 2901 WEST COAST HIGHWAY, NEWPORT BEACH, CA, 92663 (IF YOU PURCHASED OR USE THE ZEN DEVICES OUTSIDE AUSTRALIA) OR ZEN WITHIN PTY LTD AT 436 ELGAR RD, BOX HILL, VIC, 3128, AUSTRALIA (IF YOU PURCHASED OR USE THE ZEN DEVICES IN AUSTRALIA).
1. Introduction
1.1. In this EULA, “we“, “us“, “our” and “Zen” means Zen Within Inc. (if you purchased the Zen Devices outside Australia), or Zen Within Pty Ltd (if you purchased the Zen Devices in Australia) ; “Zen Devices” are our products known as “Zen Thermostat™” and other “Zen Thermostat™” branded hardware provided by us to you from time to time; “Firmware” means any software embedded or installed in any Zen Device; “App” means the Zen Mobile App for Zen Thermostat™ WiFi Edition that we make available for download from our website or third-party app stores from time to time; and “Website Data” is any information, data or other content contained or comprised in, or accessible or generated through the use of our website at http://zenecosystems.com and http://zenthermostat.com. You acknowledge that Zen Devices must be purchased directly from us via Zen Ecosystems™ website or through a third-party reseller and will be subject to additional terms and conditions of sale provided by us or such reseller at the time of purchase.
2. Your rights to use the Firmware and App
2.1. Title and ownership of all proprietary rights, including any copyright, patent, trade secret, trademark or other intellectual property rights, in and to the Firmware, Website Data and App, and any copies thereof, remains the property of us or our licensors, and the source code underlying the Firmware and App is our confidential and proprietary information. No ownership rights in the Firmware, Website Data or App or any copy thereof are being sold to you. Subject to the terms of this EULA, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, perpetual license to use the Firmware, Website Data and App solely in connection with the Zen Devices and solely for your personal, non-commercial purposes (if you are an individual) or for your own internal business purposes (if you are a business). Certain items of software included with the Firmware, Website Data and App are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.
2.2. The license granted under Section 2.1.1 is subject to, and you must comply with, the following conditions:
(a) you are only licensed to use the Firmware, Website Data and App in conjunction with the Zen Device. You must not use the Firmware, Website Data or App independently of the Zen Device (for example, by using the Firmware or App to control your HVAC system by means of a device which is used in substitution for the Zen Device);
(b) you must not copy, reproduce, translate, adapt, vary, modify, prepare derivative works from, publicly perform or publicly display any portion of the Firmware, Website Data or App without our written consent, except as expressly authorized by this EULA;
(c) you must not decompile, reverse engineer or otherwise attempt to derive the algorithms by which any portion of the Firmware or App operates (except to the extent applicable laws specifically prohibit such restriction);
(d) you must not sell, rent, sublicense, distribute, transmit, disclose, publish, assign or otherwise transfer any rights in the Firmware, Website Data or App without our prior written consent;
(e) you must not permit any third party to benefit from the use or functionality of any Zen Device or the Firmware or App via a timesharing, service bureau or similar arrangement; and
(f) you must not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels displayed in the Firmware, Website Data or App or on the Zen Device.
2.3. You are only permitted to use the Zen Device in conjunction with the Firmware, and you must not use the Zen Device independently of the Firmware. Additionally you are only permitted to use the Zen Device in conjunction with the App and with third-party apps and services authorized by Zen (as described in the documentation for the applicable Zen Device). You must not use the Zen Device with any third-party app, software or service not authorized by Zen (for example, by using the Zen Device to connect to your HVAC system by means of an alternative, unauthorized computer program which is used in substitution for the App).
2.4. You must not disassemble the Zen Device, or attempt to derive any confidential or proprietary information concerning the design or construction of the Zen Device (except to the extent applicable laws specifically prohibit such restriction).
2.5. The Firmware, Website Data and App and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Zen and its licensors. The Firmware, Website Data and App (and any copies thereof) are licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. Any intellectual property rights in Zen Devices and in the Firmware, Website Data and App not expressly granted to you are reserved, except that nothing in this EULA excludes or limits your rights to make reproductions of the Firmware, Website Data and App where, and to the extent that, such exclusions or limitations are not permitted by, or not effective at, law.
2.6. Rights in any trademarks used in association with Zen Devices are retained by us or our licensors. You will not use any of our trade marks without our written consent.
2.7. The Zen Devices and App are designed to communicate over Wi-Fi networks, and You are authorized to use the Zen Devices and App with such networks. You acknowledge that transmitting data over a Wi-Fi network is not 100% secure or free from risk of compromise.
2.8. We may use and disclose certain information collected through the App as set forth in our Privacy Policy, which is incorporated by reference to this Agreement. You hereby consent to such collection, use and disclosure of information.
2.9. You agree to indemnify, defend, and hold harmless us, our affiliated companies, and our and their respective officers, directors, employees, subcontractors and agents (“Indemnitees”) from and against any claims, suits, investigations and actions, including any associated loss (including reasonable costs and expenses), damage, cost, expense or other liability, brought by any third party against any Indemnitee to the extent based on or arising from any failure by you to comply with this EULA. You shall not settle any such claim without our consent unless such settlement forever and completely release us from all liability with respect to such claim. We shall not be obligated to indemnify, defend or hold you harmless with respect to any third-party claims arising out or relating to the Zen Devices, Firmware, Website Data or App, including without limitation any claims for intellectual property infringement.
3. Limited Warranty for Zen Devices
3.1. We warrant to you that, for a period of twenty-four (24) months from the date of delivery following the original purchase (“Warranty Period”), the Zen Device will be free from defects in materials and workmanship under normal and proper use and when correctly installed, integrated and maintained in accordance with our published specifications (“Limited Warranty”); provided, however, that the Warranty Period may be extended by twelve (12) months if you participate in a qualifying utility incentive program with respect to the Zen Device or by a longer period that we offer to you pursuant to a separate contract with you. With respect to any repaired Zen Device or Zen Device that we provide to you in exchange for a defective or damaged Zen Device in accordance with this Limited Warranty, the Warranty Period for such repaired or replacement Zen Device shall not be extended beyond the end of the original Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but, unless you are authorized to resell or distribute Zen Devices pursuant to a separate contract with us, the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
3.2. You must give us prompt written notice at 2901 West Coast Highway, Newport Beach, CA, 92663 (if you purchased or use the Zen Device outside Australia) or 436 Elgar Rd, Box Hill, VIC, 3128, Australia (if you purchased or use the Zen Device in Australia) of any alleged non-conformance with the Limited Warranty under Section 3.1 above and must provide us with all the necessary information and materials for us to diagnose the problem, including such items as, without limitation, a detailed description of the problem, and any other documentation which may aid in the problem correction process.
3.3. If, under normal and proper use, a Zen Device does not conform to the Limited Warranty under Section 3.1 during the Warranty Period, and you notify us in writing of such defect or non-conformance in accordance with the foregoing requirements during the Warranty Period, our sole obligation will be to, at our sole option, either: (a) repair such Zen Device or replace such Zen Device with a replacement Zen Device without charge; or (b) if we are unable after using reasonable efforts to repair or replace such Zen Device within a reasonable time period, accept a return of such Zen Device and provide a refund to you of the original purchase price you actually paid for such Zen Device. We may, at our sole discretion, replace the defective or non-conforming Zen Device with a similar product of similar function, if the original Zen Device is no longer available.
3.4. This Limited Warranty is conditional on: (a) your returning the Zen Device to us in the original undamaged packaging; (b) our determination, upon examination of the Zen Device, that the defect or non-conformity is not caused by any of the excluded conditions listed in Section 3.5; and (b) your providing us with all the necessary information and materials for us to confirm any alleged non-conformance, including without limitation, a detailed description of the mode of integration and use of the Zen Devices, any components (the App or third party hardware, firmware or software) connected to or interfacing with the Zen Device, and any other documentation, that may aid in the problem correction process.
3.5. For clarity, this Limited Warranty does not apply to any defects or nonconformities that in our reasonable opinion arise, in whole or in part, from: (a) improper or inadequate installation, integration, use or maintenance of the Zen Device, including without limitation of any upgrades to the Firmware we provide to you; (b) any hardware, firmware, software, equipment, parts or supplies not supplied by us; (c) use of the Zen Devices other than as contemplated by the documentation for the Zen Devices; (d) unusual electrical or physical stress, misuse, abuse, or unauthorized repair or modification of the Zen Device; (e) use of any Zen Device in an application for which it was not intended; (f) misuse, abuse, improper handling, storage, neglect, unusual physical, optical or electrical stress, improper installation, repair, testing, or any other cause beyond normal usage; (g) failure to comply with all applicable environmental requirements for the Zen Device as specified by us or any other applicable supplier, including but not limited to temperature or humidity ranges; (h) accident, acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane, or other cause beyond our reasonable control; (i) any error, act or omission by anyone other than us; or (j) where written notice of the defect has not been given to us within the Warranty Period. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Zen Device (even if consumable parts are packaged or sold with the Zen Device).
3.6. Except as provided below, if you are located in North America or Australia, shipping and shipping insurance expenses associated with shipping any such Zen Device to or from us under the Limited Warranty will be at our expense, provided that you comply with our return instructions. If you are located outside of North America or Australia, you will be responsible for shipping and shipping insurance expenses associated with shipping any such Zen Device to or from us under the Limited Warranty. In the event we determine that any returned Zen Device is not defective or otherwise not covered by the Limited Warranty, then, at our option and upon written notice to you, you agree to reimburse us for any and all fees and expenses related to the shipping, insuring, handling, inspection, testing, repair and return of such Zen Device. In repairing or replacing any Zen Device, or part thereof, under this Limited Warranty, we may use new, remanufactured, reconditioned, refurbished or functionally equivalent Zen Device or parts. Replaced Zen Device or parts will become our property. The warranty service hereunder will be performed at our facility or your installation site as determined by us. This Limited Warranty is exclusive to you and, unless you are authorized pursuant to a separate contract with us, you may not make any representation, warranty or covenant to any customer or third party on behalf of us.
THE REMEDIES IN THIS SECTION 3 ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE LIMITED WARRANTY UNDER THIS SECTION 3 OR FOR ANY CLAIM OF DEFECT IN ANY ZEN DEVICE, WHETHER ARISING IN TORT OR CONTRACT. WE AND OUR SUPPLIERS AND LICENSORS DO NOT ASSUME, OR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR THEM, ANY OTHER OBLIGATIONS OR LIABILITIES IN CONNECTION WITH THE SALE OR DISTRIBUTION OF THE ZEN DEVICES.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 3 AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN OR ORAL, IMPLIED, OR STATUTORY, WITH RESPECT TO THE ZEN DEVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, WE LIMIT THE DURATION OF, AND REMEDIES FOR, BREACH OF SUCH WARRANTIES TO THE DURATION AND REMEDIES OF THE EXPRESS LIMITED WARRANTY DESCRIBED IN SECTION 3.1. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. Disclaimers and Acknowledgements about Website Data
4.1 You acknowledge and agree that the Website Data is only intended to be used as a guide to your use of Zen Devices. ANY INACCURACIES CAUSED BY HVAC SYSTEM FAULTS, UPGRADES, MAINTENANCE OR OTHER DOWNTIME, OR INACCURATE DATA CONCERNING YOUR HVAC WIRING, ARE NOT OUR RESPONSIBILITY. FOR THESE REASONS, WE MAKE NO WARRANTIES OR REPRESENTATIONS, AND WILL HAVE NO LIABILITY (ON ANY BASIS, INCLUDING NEGLIGENCE), IN RESPECT OF ANY WEBSITE DATA OR RELATED RECOMMENDATIONS BEING INACCURATE, INCOMPLETE, OUT OF DATE OR UNSUITABLE FOR ANY PURPOSE. YOU AGREE THAT YOU ACCESS AND RELY ON THE WEBSITE DATA AT YOUR RISK AND MUST MAKE YOUR OWN INDEPENDENT ENQUIRIES BEFORE MAKING DECISIONS ABOUT YOUR PARTICULAR CIRCUMSTANCES.
4.2 The Software allows you to enter details of your HVAC wiring so that you can obtain a recommendation for installing your ZEN Thermostat™. It is your responsibility to ensure those details are accurate. For your convenience, we may from time to time make information concerning HVAC wiring available for download over the internet through our website “Wiring Information”. This service is provided by us for your convenience only.WHILE WE USE COMMERCIALLY REASONABLE EFFORTS TO KEEP OUR DATABASE OF HVAC WIRING DATA UP-TO-DATE, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR ONGOING AVAILABILITY OF THE DATABASE. WE MAY DISCONTINUE OR VARY THIS WIRING SERVICE AT ANY TIME AND THEREFORE CANNOT GUARANTEE THAT THE DATABASE WILL CONTINUE TO BE AVAILABLE (EITHER FREE OF CHARGE OR AT ALL).
5. Warranty Disclaimer for App
THE APP IS PROVIDED “AS IS.” WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE APP WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE APP WILL MEET YOUR REQUIREMENTS. Some jurisdictions do not allow some of the foregoing exclusions or limitations, so some of these exclusions or limitations may not apply to You.
6. Limitation of Liabilities
6.1. If you purchased or use the Zen Devices and/or App in Australia, the Zen Devices and App come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that the Zen Device and the App will be of acceptable quality and reasonably fit for purpose. Where conditions, warranties or guarantees implied by or otherwise arising under applicable law cannot be lawfully excluded, then to the extent permitted by law, we limit our liability for a breach of any such condition, warranty or guarantee, where we are entitled to do so, at our option, to the following: in respect of services, the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement.
6.2. Zen is not liable for any internet access or data usage fees or charges associated with your use of the Zen Devices, Website Data or App or access to any information provided through Zen’s website or any third party website or otherwise.
6.3. Zen will have no liability with respect to the Open Source Software or your use thereof.
6.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED COMPANIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION OR FUTURE REPUTATION OR PUBLICITY OR LOSS OF ANTICIPATED SAVINGS, HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE), ARISING OUT OF OR RELATING TO THIS EULA, THE ZEN DEVICES, THE APP OR THE WEBSITE DATA, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
6.5. WITHOUT LIMITING SECTIONS 6.1 THROUGH 6.4 ABOVE, IF WE OR OUR AFFILIATED COMPANIES OR LICENSORS ARE LIABLE TO YOU FOR DAMAGES (ON ANY BASIS, INCLUDING NEGLIGENCE) UNDER OR IN CONNECTION WITH THIS EULA, THE ZEN DEVICES, THE APP OR THE WEBSITE DATA, THEN TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF US, OUR AFFILIATED COMPANIES AND LICENSORS FOR THOSE DAMAGES WILL NOT EXCEED THE TOTAL AMOUNT OF THE PURCHASE PRICE OR FEES YOU HAVE PAID TO US (OR OUR AUTHORIZED RESELLERS) TO OBTAIN YOUR ZEN DEVICES THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this EULA and your purchase of the Zen Devices would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. NOTHING IN THIS EULA EXCLUDES OR LIMITS ANY LIABILITY OF US THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Maintenance
7.1. Nothing in this EULA entitles you to support or maintenance services, updates or new releases in respect of Zen Devices or App. However, if we in our absolute discretion supply you with updates or new releases in respect of the Firmware or App, then they will be subject to this EULA. You are solely responsible for the installation of any update or new release.
8. U.S. Government End Users; Export.
8.1. The Firmware, App and Website Data are each a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) or any other government acquisition regulations. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995) (or any other government acquisition regulations), the Firmware, App and Website Data are each provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
8.2. You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You may not export, re-export, import, or transfer the Zen Devices, Website Data or App in violation of any applicable export laws or regulations, and you may not assist or facilitate others in doing any of the foregoing. You acknowledge that it is your responsibility to comply with any and all applicable export and import laws.
9. Term; Termination
9.1. This EULA and the licenses granted hereunder are effective on the date you first use the App, Website Data or Zen Devices and shall continue until this EULA is terminated under this section. Zen may terminate this EULA immediately: (a) without notice at any time if you fail to comply with any term(s) hereof; or (b) otherwise for any reason by notice to you in writing. You may terminate this EULA effective immediately upon written notice to Zen. Upon termination of this EULA, the licenses granted hereunder will terminate and you must stop all use of the App, Website Data and the Zen Devices, but the definitions and the rights, duties and obligations of the parties that by their nature continue and survive (including, without limitation, the provisions concerning ownership, limitation and exclusion of liability, indemnity and the warranty disclaimers) shall survive any termination of this EULA.
10. General
10.1. Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect. This Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto.
10.2. Failure or neglect by either party to enforce at any time any of the provisions of this EULA will not be construed or deemed to be a waiver of that party’s rights under this EULA. A waiver of any default is not a waiver of any subsequent default.
10.3. This EULA contains the entire agreement between you and us concerning the subject matter hereof and supersedes any other prior or contemporaneous oral understanding or agreement or any other prior written agreement regarding this subject matter.
10.4. If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
10.5. You agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this EULA must be brought in a federal or state court located in Orange County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute. Notwithstanding the foregoing, a material breach of this EULA adversely affecting our proprietary rights would cause irreparable harm to us for which a remedy at law would be inadequate, and we will be entitled to seek injunctive relief in any court having jurisdiction to protect our intellectual property or confidential information. If you purchased or use the Zen Devices and App in Australia, then this EULA will be governed by the law of Victoria, and the parties submit to the non-exclusive jurisdiction of the Victorian courts. The courts in some countries will not apply California or Victoria law to some types of disputes. If you reside in one of those countries, then where California or Victoria law is excluded from applying, your country’s laws will apply to such disputes related to these terms. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. Provisions Relating to the Apple App Store
This EULA is between you and us only, and not Apple, Inc. (“Apple”). We, not Apple, are solely responsible for the App and the content thereof. Notwithstanding the foregoing, Apple has the right to enforce this EULA against you as a third party beneficiary. You may only install the App on an iPhone, iPod Touch, iPad, or other Apple device as permitted by Apple’s App Store Terms of Service. To the extent that any technical support is required by applicable law, we, not Apple, shall be obligated to furnish any such support. To the extent we are required by applicable law to provide any indemnification of third party claims, we, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim. Nothing in this EULA shall be deemed an admission that any such claims may arise. We, not Apple, are responsible for addressing any of the following claims by you relating to the App: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this EULA shall be deemed an admission that you may have any such claims.
Updated April 6, 2018.