END USER LICENSE AGREEMENT
Last Updated: September 2018
This End User License Agreement (“Agreement”) is entered into by and between Safe Space Ingenuity, Inc. (“Company”) and End User (“User” or “You”), and not Apple, Inc. (“Apple”). Company and User – not Apple – are solely responsible for the licensed application (“Application”) and the content thereof, including any content, communications or information transferred or exchanged between You and Company within the Application. This Agreement may not provide for usage rules for the Application that are in conflict with the App Store Terms of Service of the Effective Date (which you acknowledge You have had the opportunity to review).
Term. This Agreement shall remain in effect and govern Your use of the Application until terminated by Your or Company, or the Grant of License hereunder otherwise expires. Company may terminate or suspend this Agreement, or Your use of the Application, for your failure to
comply with the terms of this Agreement or upon the expiration of the Grant of License to You hereunder.
Grant of License. Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Application for the purposes set forth herein and for no other purpose, and as permitted by the Apple App Store Terms of Service. This Application is licensed to You, not sold. As between You and Company, you agree and acknowledge that Company owns all rights, title and interest in and to the Application, including, without limitation, the content made available therein and all Intellectual Property Rights associated with the content in whatever form. Intellectual Property Rights means any and all rights existing under patent law, trade secret law, unfair competition law, trademark law, copyright law, and any other related laws or proprietary rights. Company expressly reserves all rights in and to the Application, the content made available therein and all related Intellectual Property Rights.
Subject to the applicable license, You may download and access the Application with any compatible mobile device using the compatible operating system.
You agree that Your shall use the Application in accordance with the terms of this Agreement and shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (iii) violate any applicable laws, rules or regulations in connection with Your access to or use of the Application; (iv) remove or alter any proprietary notice (including any notice of copyright or trademark) of Company; (v) make the Application available over a network or other environment permitting access thereto to any unauthorized potential user of the Application; (vi) use the Application to create a product, service, software or device that is directly or indirectly competitive with the Application.
User Accounts. You acknowledge and agree that You or your entity may have more than one account and log into several devices simultaneously using one or more account(s) in accordance with the terms hereof. Company reserves the right to mark/unmark users or accounts as “admins” and can delete user accounts if deemed necessary by Company.
Maintenance and Support. Company and User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
AS IS. This Application is provided on an “AS IS” basis. As such, Company disclaims all warranties about the Application to the fullest extent provided by law. To the extent that any warranty exists under law that cannot be disclaimed, Company, not Apple, shall be solely
responsible for such warranty.
To the maximum extent allowable by law, in no event will Company be liable to the other party for any incidental or consequential damages (including, without limitation, indirect, special punitive or exemplary damages for loss of business, loss of profit, business interruption or less of business information arising out of Your use of this Application.
Product Claims. To the extent that you have any claim arising from or relating to your use of the Application, Company, not Apple, is responsible for addressing such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that You have or will accrue any such claim(s).
Intellectual Property Rights. Company shall not be obligated to defend or indemnify you with respect to any third-party claim arising out of or relating to the Application. To the extent that Company is required to provide indemnification by applicable law, Company, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any third party intellectual property right.
Company is the sole and exclusive owner of the Application and any and all software utilized in connection with the generation of any audit reports and analyses (“Reports”), the raw data and information utilized to generate the aforementioned Reports and analysis, all updates thereto and functions thereof, and all related documentation, designs, formatting compilations of information, organization, composition and presentations of data and information within an audit report (collectively referred to as the “Company Intellectual Property”). All rights and goodwill associated with the Company Intellectual Property shall remain with and accrue to Company alone. As such, Company hereby grants You a limited license to use the Company Intellectual Property for the sole purpose of assessing floor safety in connection with the use of this Application and for no other purpose. You shall not allow any unauthorized third party to rent, license, sublicense, distribute, transfer, copy, reproduce, publish, publicly display, disclose, revise, share or sell any Company Intellectual Property.
Reports. You acknowledge and agree that the initial payment for the Grant of License hereunder included the first five (5) Reports requested by You using the App. Purchases of subsequent or additional services or Reports from the Company shall be processed outside of the Application, either over the phone by calling (917) 484 – 0119 or from the Company web store.
Legal Compliance. 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; and You are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement. To the extent that You must comply with applicable third-party terms of agreement to use, or when using, this Application, Your license to use this Application may terminate immediately if you violate any provision of this Agreement or an applicable third party agreement. The party providing your mobile OS has not obligation whatsoever to furnish any maintenance or support services with respect to this Application.
Third Party Beneficiaries. Company and User acknowledge and agree that Apple, and Apple’s subsidiaries, are third -party beneficiaries of this Agreement and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third-party beneficiary thereof.
Your mobile OS is a third-party beneficiary of this Agreement, and upon your acceptance, such third-party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
Privacy. Company respects the privacy of our Users. This paragraph is intended to explain how we collect, use, disclose and safeguard your information when you use the Application. If you do not agree with the terms of this paragraph, please do not access the Application and discontinue its use on your device.
We may collect information about You in a variety of ways, including personally identifiable information (such as the information you input to sign up for the Application (e.g. your name and email address)) that you voluntarily provide when choosing to participate in the Application. All information obtained by Company is stored in the AWS Cloud. We encourage you to review the AWS Cloud terms of service at aws.amazon.com and contact them directly with any inquiry. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings. We may also request access or permission to certain features from your mobile device, including your
device’s calendar, camera, reminders, SMS messages, storage and other features. If you wish to change our access or permissions, you may do so in your device’s settings. We may also request device information such as your mobile device I.D. number, model, manufacturer, version of your operating system, phone number, country, location and other information you choose to provide. We may also request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Having accurate information about You permits Company to enhance your experience while using the Application, such as creating and managing your account, emailing you regarding your account or an in-Application order, fulfilling and managing purchases, orders, payments and other transactions, processing payments and refunds, notifying you of updates to the Application, for troubleshooting and increasing the overall efficiency and operation of the Application. We may also use the information you provide to perform other business activities as needed.
Company uses certain trusted third parties (such as, for example) providers of support and IT services) to help provide, improve, protect and promote our services. These third parties may access your information only to perform tasks on our behalf in compliance with this Agreement, and Company assumes responsibility for their handling of your information per our instructions. Company may disclose your information shared, developed or otherwise uploaded, downloaded or exchanged via the Application if Company determines that such disclosure is reasonably necessary to comply with law or legal process.
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
Miscellaneous. Company reserves the right, at any time and from time to time, to update, revise, supplement and otherwise modify this Agreement and impose new or additional terms, rules, policies or conditions or your license and/or use of the Application. Such updates, revisions, supplements, modifications and additional terms, rules, policies or conditions will be effective immediately after such posting. Your continued use of the Application after such posting will be deemed to constitute acceptance of any and all such additional terms.
This Agreement may not be construed to either establish any form of partnership, agency franchise or joint venture of any kind between You and Company, or establish any party to this Agreement as the agent, employee or other form of representative of the other. This Agreement shall be governed and interpreted in accordance with the laws of the State of New York, without regard to the conflict of law provisions thereof. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against either You or Company. In any action between or among the parties hereto arising out of or relating to this Agreement or Your use of the App, the parties irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of the state courts located with the State of New York, County of Nassau and the Federal Courts located within the State of New York, County of Suffolk.
Contact. Safe Space Ingenuity, Inc. – P.O. Box 436, Lynbrook, New York 11563. We can be reached via email at email@example.com