Licensed Application End-User License Agreement (EULA)

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (EULA). This EULA is solely concluded between S M Sidat (“Application Provider”) and the End-User. S M Sidat is solely responsible for the Licensed Application and the content thereof. Your license to any App under this EULA is granted by the Application Provider. Any App that is subject to this EULA is referred to herein as the “Licensed Application.” The Application Provider reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.

Scope of License

The Application Provider grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Application Provider that replace or supplement the original Licensed Application. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), 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 foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

Consent to Use of Data

You agree that the Application Provider may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. The Application Provider 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, in accordance with the Application Provider’s privacy policy.

Termination

This EULA is effective until terminated by you or the Application Provider. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. 

External Services

The Licensed Application may enable access to third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. The Application Provider 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 Application Provider. 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 Application Provider or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that the Application Provider is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. The Application Provider reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

Maintenance and Support

The Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. It is the End User’s responsibility to ensure their device, operating system and Licensed Application is updated in order to continue using the Licensed Application. Software without bugs is virtually impossible to produce given effect of end-user hardware and software permutations. Therefore, the Application Provider cannot guarantee malfunction-free operation, including the possibility of data loss or critical failure. The Application Provider is not liable should the End-User not take reasonable measures to protect their data.

Subscriptions

Payment will be applied to your iTunes account at the end of the trial period if eligible otherwise at confirmation of purchase. Subscriptions will automatically renew unless cancelled within 24-hours before the end of the current period. You can cancel auto-renewal anytime with your iTunes account settings. Active subscriptions for the current period cannot be cancelled. Any unused portion of a free trial will be forfeited if you purchase a subscription. You acknowledge and agree that Application Provider may make changes to the subscription at any time without notice, such as, but not limited to, changes in pricing, changes in the length or availability of trial periods and changes to the length of subscription periods. All fees are non-refundable and non-transferable unless otherwise provided in this agreement.

Warranty

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, AND THE APPLICATION PROVIDER 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, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION PROVIDER OR ITS AUTHORIZED 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. To the extent any warranty exists under law that cannot be disclaimed, The Application Provider is solely responsible for any product warranties. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to the End-User; and 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 sole responsibility of the Application Provider.

Product Claims

The Application Provider, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end-user’s 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 and HomeKit frameworks.

Intellectual Property Rights

The Application Provider shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Licensed Application. To the extent the Application Provider is required to provide indemnification by applicable law, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, The Application Provider, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Contact

Any End-User questions, complaints or claims with respect to the Licensed Application should be directed to Suleman Sidat, contactable at contact@smsidat.com

Third Party Terms of Agreement

The End-User must comply with applicable third party terms of agreement when using the Licensed Application.

Third Party Beneficiary

The Application Provider and the End-User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s 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 the EULA against the End-User as a third party beneficiary thereof.