A. Please back-up content and data used with the App. We recommend
that you back up any content and data used in connection with the App, to protect
yourself in case of problems with the App or the Service.
You must comply with the laws that apply to you in the country of your residence
and any other location where you install our App and/or access and use our Services
from. If any laws applicable to you restrict or prohibit you from using our App
and/or Services, or any part thereof (certain features, functionalities, etc.), you
must comply with those legal restrictions.
C. You may have legal rights in your country of residence which would prohibit the
limitations in these Terms from applying to you, and where prohibited they will not
apply to you.
D. The Company, its affiliates and/or its partners may, from time to time, organize
contests or similar promotions within or related to the Services
(“Promotion”). Such Promotions will be governed by separate terms
in addition to these Terms which will be published by the Company at the time of the
E. Any access to our App and use of our Services shall be in compliance with all
relevant international, U.N., or US sales, export or import restrictions and
regulations and you agree to comply with them. 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; (ii)
you are not listed on any U.S. Government list of prohibited or restricted parties;
and (iii) you comply with relevant U.N. and EU sanctions and embargoes.
F. US Government Rights. The App is commercial computer software,
as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of
the US Government or any contractor therefor, you receive only those rights with
respect to our App, Documentation (if any) and Services as are granted to all other
end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48
C.F.R. §227.7204, with respect to the Department of Defense and their contractors,
or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and
G. Notice for Apple Device users. In case you install, access or
use the App or the Services through your device made by Apple, Inc. (“Apple”)
(“Apple Device”), you specifically acknowledge and agree that the following
additional terms shall apply (in case of conflict between these terms in this
section and other terms of the Terms, the terms of this section shall prevail):
● These Terms are concluded between you and us only, not with Apple, and Apple is
not responsible for the App, the Services, or the content thereof.
● Apple has no obligation whatsoever to furnish any maintenance and support services
with respect to the App.
● In the event of any failure of the App to conform to any applicable warranty, you
may notify Apple and Apple will refund the purchase price for the relevant App to
you (where applicable). To the maximum extent permitted by applicable law, Apple has
no other warranty obligation whatsoever with respect to the App.
● Apple is not responsible for addressing any claims by you or a third party
relating to the App or your possession and/or use of the App, including, but not
limited to: (i) product liability claims; (ii) any claim that the App fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection, privacy or similar legislation.
● To the extent we are required to provide indemnification by applicable law, we and
not Apple, shall be solely responsible for the investigation, defense, settlement
and discharge of any third-party claim that the App or your possession and use of
the App infringes that third party‘s Intellectual Property Rights.
● Apple and its subsidiaries are third party beneficiaries of these Terms and upon
your acceptance of the terms and conditions of these Terms, Apple will have the
right (and will be deemed to have accepted the right) to enforce these Terms against
you as a third party beneficiary of these Terms.
H. Open source. The App contains certain open-source software. Each
item of open-source software is subject to its own applicable license terms which
can be found here.
I. California Consumer Rights Notice. Under California Civil Code
Section 1789.3, California users of our App and Services receive the following
specific consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be contacted
in writing at the contact information set forth at: