End User License Agreement

1. Parties

This EULA is concluded between you and InfoDev Solutions Limited (“Licensor”) only, and not with Apple Inc., Google LLC or any other app-store or marketplace operator (each, a “Store”). Licensor, not the Store, is solely responsible for the Licensed Application and its content.

2. Scope of licence

Licensor grants you a non-transferable, non-exclusive, revocable licence to install and use the Licensed Application for personal or internal business purposes on devices that you own or control, as permitted by the usage rules of the Store from which you obtained it (for Apple, the Usage Rules in the Apple Media Services Terms and Conditions). The Licensed Application may be accessed by other accounts associated with you via Family Sharing or volume purchasing where the Store permits.

You may not: rent, lease, lend, sell, redistribute or sublicense the Licensed Application; copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of it (except as and only to the extent permitted by applicable law or by the licence terms governing any open-source components); or circumvent any technical limitation in it.

3. Device and browser permissions

The Licensed Application may request access to device or browser capabilities. Each permission is used only for the feature described at the time of the request and in our Privacy Policy. Browser extensions request only the permissions necessary for their single disclosed purpose.

4. Updates

Licensor may provide updates that fix bugs, improve security or add or remove features. Some updates may be installed automatically depending on your device or browser settings. This EULA applies to all updates unless they are accompanied by separate terms.

5. Maintenance and support

Licensor is solely responsible for providing maintenance and support for the Licensed Application, as described on our Support page or as required by applicable law. You acknowledge that no Store has any obligation whatsoever to furnish maintenance or support services for the Licensed Application.

6. Warranty

Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Licensed Application fails to conform to any applicable warranty, you may notify the Store, and the Store may refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by law, the Store 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 Licensor’s sole responsibility.

Except as stated above and to the maximum extent permitted by law, the Licensed Application is provided “as is”, and Licensor disclaims all other warranties, express or implied.

7. Product claims

Licensor, not the Store, is responsible for addressing any claims by you or a third party relating to the Licensed Application or your possession or use of it, including: (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.

8. Intellectual property claims

In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party’s intellectual property rights, Licensor, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

9. 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. You also agree to comply with all other applicable export and sanctions laws.

10. Third-party terms of agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application (for example, your wireless data service agreement, or the terms of any website on which you use a browser extension).

11. Limitation of liability

To the extent not prohibited by law, in no event shall Licensor be liable for personal injury or any incidental, special, indirect or consequential damages whatsoever, including 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, even if Licensor has been advised of the possibility of such damages. Licensor’s total liability to you for all damages shall not exceed the amount you paid for the Licensed Application, or US$50 if greater.

12. Termination

This EULA is effective until terminated by you or Licensor. Your rights under this EULA terminate automatically if you fail to comply with any of its terms. Upon termination you must stop using and uninstall the Licensed Application.

13. Third-party beneficiary

You and Licensor acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this EULA with respect to Licensed Applications obtained from the Apple App Store, and that, upon your acceptance 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.

14. Governing law

This EULA is governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles, and subject to any mandatory consumer protection laws of your country of residence. The Terms of Service apply to any matter not addressed in this EULA.

15. Contact

Questions, complaints or claims regarding a Licensed Application should be directed to:

InfoDev Solutions Limited
Room 2904-05, 29/F, Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong SAR
Email: support@infodevsolve.com