Terms of Use (EULA)

1. Acknowledgement

You and the Developer acknowledge that this EULA is concluded between you and the Developer only, and not with Apple, and the Developer, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA does not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you have had the opportunity to review).

2. Scope of License

The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that you own or control 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

The Developer is 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 and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty

The Developer is 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 the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Developer’s sole responsibility.

5. Product Claims

You and the Developer acknowledge that the Developer, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or your 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 the Licensed Application’s use of the HealthKit framework.

6. Intellectual Property Rights

You and the Developer acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, the Developer, 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) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address

Please direct any questions, complaints or claims with respect to the Licensed Application to:

9. Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the Licensed Application, such as your wireless data service agreement.

10. Third Party Beneficiary

You and the Developer 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 this 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.