Preamble
This End User License Agreement (the "EULA" or "Agreement") is a legal contract between you (an individual or a single entity, the "Licensee" or "You") and TAPRISE LTD ("Licensor", "we", "us", "our") for the use of the ABC Cleaner mobile application together with any associated documentation, updates, upgrades, modifications, and supporting services (collectively, the "Licensed Application" or "App").
Apple Inc. ("Apple") is not a party to this EULA and is not responsible for the App or its content. You acknowledge that this EULA is concluded between you and the Licensor only, and not with Apple. By installing, accessing, or using the Licensed Application, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Licensed Application.
Scope of license
The Licensor grants you a limited, non-transferable, non-exclusive, revocable license to install and use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions and the App Store Usage Rules, subject to the following:
- The license is solely for personal, non-commercial use unless otherwise agreed in writing.
- You may not distribute, sell, lease, rent, lend, or sublicense the Licensed Application.
- You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except as and only to the extent that any such restriction is prohibited by applicable law.
- Any attempt to do so is a violation of the rights of the Licensor and its licensors.
- If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by the Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Consent to use of data
You agree that the Licensor may collect and use technical data and related information — including but not limited to technical information about your device, system, application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Licensed Application.
The Licensor 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. Detailed handling of personal data is described in our Privacy Policy.
Termination
This EULA is effective until terminated by you or the Licensor. Your rights under this EULA will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this Agreement.
Upon termination of this EULA, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application. The Licensor reserves the right to suspend or terminate your access to the App at any time, with or without notice, for any conduct that we believe violates this Agreement or is harmful to other users, the App, third parties, or our business interests.
Services and third-party materials
The Licensed Application may enable access to the Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk.
The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by the Licensor or its agents.
You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of the Licensor or any third party.
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.
The 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, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.
No oral or written information or advice given by the Licensor or its authorised 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 the 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 the Licensor has been advised of the possibility of such damages.
In no event shall the Licensor's 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 $50 or the amount you paid for the Licensed Application in the previous twelve months, whichever is greater. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Export controls
You may not use or otherwise export or re-export the Licensed Application except as authorised by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Commercial items / U.S. Government end users
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with these provisions, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Contact information
For questions or complaints regarding the Licensed Application, please contact the Licensor at:
TAPRISE LTD
11 KIMBERLEY LOFTS
KIMBERLEY ROAD
LONDON NW6 7SL
Email: support@taprise-ltd.com
Third-party terms of agreements
You must comply with applicable third-party terms of agreement when using the Licensed Application — for example, your wireless data service agreement.
Apple as third-party beneficiary
You and the Licensor acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this 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 this EULA against you as a third-party beneficiary thereof.
Governing law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and the Licensor shall be governed by the laws of England and Wales, without regard to its conflict of law provisions.
You and the Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within the foregoing jurisdiction to resolve any dispute or claim arising from this Agreement. Notwithstanding this, you agree that the Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.