End User License Agreement
This End User License Agreement (“Agreement”) is between you and WatchPhone Battery and governs use of this app made available through the Apple App Store. By installing the WatchPhone Battery App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the WatchPhone Battery App.
1. Parties This Agreement is between you and WatchPhone Battery only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. WatchPhone Battery, not Apple, is solely responsible for the WatchPhone Battery App and its content.
2. Privacy WatchPhone Battery may collect and use information about your usage of the WatchPhone Battery App, including certain types of information from and about your device. WatchPhone Battery may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the WatchPhone Battery App.
3. Limited License WatchPhone Battery grants you a limited, non-exclusive, non-transferable, revocable license to use theWatchPhone Battery App for your personal, non-commercial purposes. You may only use theWatchPhone Battery App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions By using the WatchPhone Battery App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the WatchPhone Battery App does not violate any applicable law or regulation. Your access to the WatchPhone Battery App may be terminated without warning if WatchPhone Battery believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the WatchPhone Battery App, you agree to be bound by this Agreement in respect to your child's use of the WatchPhone Battery App.
5. Objectionable Content Policy Content may not be submitted to WatchPhone Battery, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty WatchPhone Battery disclaims all warranties about the WatchPhone Battery App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, WatchPhone Battery, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support WatchPhone Battery does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, WatchPhone Battery, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims WatchPhone Battery, not Apple, is responsible for addressing any claims by you relating to the WatchPhone Battery App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the WatchPhone Battery App 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 may have such claims.
9. Third Party Intellectual Property Claims WatchPhone Battery shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the WatchPhone Battery App. To the extent WatchPhone Battery is required to provide indemnification by applicable law, WatchPhone Battery, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the WatchPhone Battery App or your use of it infringes any third party intellectual property right.
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10. Termination. This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Burak Uzunboy.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
11. Governing Law. This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of de.
12. Contact Information. If You have any questions regarding this EULA, please contact Burak Uzunboy by email at uzunboybu@gmail.com, or by mail at Brunhildstr. 2, 10829 Berlin, Germany.
13. Third Party Beneficiaries. This EULA is executed between You and WatchPhone Battery (“Burak Uzunboy”) and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Burak Uzunboy is not responsible for any applicable third-party agreement between You and Your any third-party, including your wireless provider.