) apply to your access and use of the website, or downloading and installing applications and other online products and services (collectively, our "Services
") provided by DNA Style ("DNA Style"
In compliance with the provisions of Article 10 of Law 34/2002, of the 11th of July, on the Information Society and Electronic Commerce Services, the following data pertaining to the owner of the Service is outlined:
o Company name: AI style by DNA, S.L.U
o Office: C Aribau 185,3, 08021, Barcelona.
o Tax Identification Number (NIF): B67543991.
o Registration details: Commercial Register of Barcelona: Volume: 47149, Folio 134, Sheet 542795, Inscription 1.
o Email: email@example.com 1. GENERAL CONDITIONS AND ITS ACCEPTANCE
The present Agreement will rule expressly the commercial relationship between AI style by DNA, SLU and the users of the Services.
We highly recommend to the user reading thoughtfully this Agreement before using the Services. In this sense if the user doesn't agree all the clauses, he or she shall not use the mobile application or web site. The acceptance of this Agreement implies:
a) The user has read, and has understood what this document exposes.
b) The user is of age (at least 18 years of age) and has the legal capability to contract the services provided.
c) The user assumes all the obligation here stablished.
The present Agreement will be valid indefinitely and will be applicable for all the contracts of using the services here provided.
This agreement has been prepared in accordance with current legislation on the subject and specifically, in accordance with the provisions of the following legal texts:
o Law 34/2002, on Information Society Services and Electronic Commerce. (LSCI)
o Law 7/1998 on General Contracting Conditions.
o Law 7/1996 on the Regulation of Retail Trade.
o Law 59/2003 of 19 December on electronic signatures.
o R. D. Legislative 1/2007, of 16 November, Consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (TRLGDCU
) 2. OBJECT OF THE AGREEMENT
DNA Style is AI-powered platform that serves as a professional stylist while you shopping online. We make a personal recommendation of the clothes (or say if the selected items match your style) and ready-to-wear outfits by analyzing a photo of your face, figure type, height, gender and other information.
We also make recommendation of the clothes that helps visually correct the figure.
Complete Outfit Creation giving idea with what to wear selected clothes items.
Some of the Service maybe payable at once for the consultation and have subscription per permanent clothes recommendation and outfit combining.
Also, DNA Style receives compensation for the referring buyers to the retailers, brands, merchants, and other partners participating in the Services ("Retailers
"). Compensation received by DNA Style may play a part in whether retailers and products appear on our Services, where they are placed, and how we promote them to you.
The Services provided at the sole discretion of DNA Style and subject to your compliance with this Agreement. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by DNA Style in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement.
The specific service we provide by using the mobile application and web site are the next image consultation:
· Color and face type analysis of the user's appearance and provide personal style guideline.
· Recommendation of clothes selection in accordance with your personal style
· Discover figure correction tips to help user minimize imperfections by using cut and fabric, fit, and and recommendation of the clothes that hides flaw.
· We combine clothes in ready to wear outfits:
o Based on your personal style,
o Based on selected items in the store,
o Based on the photo of any clothes from your wardrobe,
o Matching the colors of any uploaded photo (forest, beach, office, etc.)
In order to have consultation of Color and face type analysis you will need to take a photo of your face, add height and chose body type. The quality of the consultation result depends on how correctly you took the photo. It is important to observe the following photo requirements:
· Light: Daylight, soft, without direct sunlight
· The shoot places: Face the window
· Scope: Close-up face
· Head position without tilt and smile
· Hair should not obscure the face
Please see the detailed video instruction on how to take a photo before starting to upload a photo. You will have only one opportunity to upload a photo and get the result.
In order to take the consultation of Figure correction you should make properly all the measurements of your body we ask for. Please put attention while proceeding how to make measurements near the window you enter them.
We operate the clothes provided us by our partners in accordance with the affiliate program while making personal clothes recommendation or combining outfits. Using the service and fulfilling your requests of a combination of the outfits or applying color type and personal type filters in the catalog, we may do not have clothes that perfectly suits your color type/personal style or matches other clothes in the outfit. In this case, we will select and suggest the most suitable, relevant clothes that are most close to your style and combine outfits from the clothes that are best matches with each other.
Summarizing all mentioned above you are solely responsible for providing the right photo, measurements of the body, type of the body, heigh and DNA Style will try to do best considering the quality of your photographs and the available at that moment clothes.
Please take a notice that there are plenty number of the color and face type methodic and the result due to them may be different in each case. The methods we use are given in the relevant sections.
We also link to the clothe shops of our partners ("stores") throw the affiliate program. The price for the clothes regulated by the store and can varied in deferent stores. The price for the clothes in our Service may differ from the price in the Store if the store changed it and did not notified us. If you want to buy clothes you will forward to the Store. 3. REGISTRATION AND AUTHORIZATION OF THE USER
The registration procedure can be done it at least in English. If it could be carried out in another language, it will be indicated before starting the registration procedure.
o Complete all the gaps required on the registration formulary. The user responds on its veracity by fulfilling the personal data requested, like the name and mail, and social accounts like Facebook or Instagram.
The user must be a legal age (at least 18 years of age) to registering and use our Services. If the user is under 18 years of age (or the age of legal majority), her or she may only access or uses our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If the user is a parent or legal guardian of a user under the age of 18 (or the age of legal majority), that person agrees to be fully responsible for the acts or omissions of such user in connection with our Services. If the user is accessing or using our Services on behalf of another person or entity, he or she represents that he or she is authorized to accept this Agreement on that person or entity's behalf and that the person or entity agrees to be responsible to us if he or she or the other person or entity violates this Agreement.
In the case we realize a minor profile, we reserve the right to require that the user provides evidence to society that he/she does have the age. If he or she doesn't apport sufficient prove may result in immediate termination of his or her account and we will delete all his or her data.
The user may not select or use the Account belonging to another person. Each individual person is limited to one Account. The user shall provide DNA Style with accurate, complete, and updated registration information. The user shall be responsible for maintaining the confidentiality of his or her password. Any failure to comply with this provision may result in immediate termination of his or her account. DNA Style reserves the right to refuse registration of, or cancel a DNA Style User ID in its discretion.
If the user chooses to login to the Services via a third-party platform or social media network, the user will need to use his or her credentials (e.g., username and password) from a third-party online platform. The user must maintain the security of his or her third party account and promptly notify us if he or she discovers or suspects that someone has accessed his or her account without his or her permission. If the user permits others to use his or her account credentials, he or she is responsible for the activities of such users that occur in connection with his or her account.
The user guarantees that all data concerning the identity and legitimacy provided to us on the registration forms of the Service are truthful, accurate and complete. Also, commits to keeping the data updated at all times. In the event that the user provides any false, inaccurate or incomplete data or if we considers that there are grounds to doubt the truthfulness, accuracy and completeness of these, we may deny access and present or future use of the Service or any of its contents and/ or services; likewise terminating and cancelling the account.
When registering on the Platform the user selects a username
and a password
in the case of not registering through an existing social media account (currently Instagram or Facebook). If the user registers with a social media account the user must allow the platform to access account information and he or she must choose a username (username) on the Platform.
Both the username and password, as the data of the social media account the user uses to access the platform (usually username, password and e-mail used to access said account) are strictly confidential, personal and non-transferable (collectively the "Access Keys"). The User agrees not to disclose these access keys or make them accessible to third parties. Since DNA Style cannot guarantee the identity of registered users, the User shall be solely liable for use of Access Keys by third parties, including the findings made on the Platform or through the Platform, or any other action that is carried out by using the access keys.
The user can't choose as username words considered profaning, insulting and in general, contrary to the law or to the requirements of morality and good customs.
The user is obliged to promptly disclose to us the theft, disclosure or loss firstname.lastname@example.org
The most services provided by DNA Style are free for all Users but there's extra content which is payable and its regulation is different. 4. USER CONTENT:
You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Service may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own or otherwise have the right to use the User Content modified by you on or through the Services in accordance with the rights and licenses set forth in this Agreement; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you stylize on or through the Services; and (iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction.
You may not create, post, store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Service is not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. Service will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
The user has right to:
• Use for personal non-commercial purposes the content of his own personal profile and content.
• Customize his or her personal page.
• To carry out other actions related to the use of the application not prohibited by the laws or this terms. 5.2 Obligations
The user is obliged to:
• To observe the norms of the current legislation.
• To provide reliable information when registering on the mobile application.
• Use the functionality of the application for personal purposes, not related to commercial activities of citizens and organizations.
• Follow the instructions of DNA Style on the use of the application
• Before placing any information and any objects in the application (in particular, images of other persons, texts of someone else's authorship, visual and audiovisual works), preliminary assess the legality of their placement.
• Do not place on your profile any information and objects (including links to them) that may violate rights of others.
• Do not post photographs on which other persons are imprinted in addition to the User, without their prior consent.
• Periodically get acquainted with the contents of this Agreement on the application and follow the changes made to it.
• To comply with other requirements and fulfil other obligations established by this Terms. 5.3 Prohibited Conduct and Content
Generally, you will refrain from using the profile and the remaining content and services, for purposes or effects (a) other than to share outfits, opinions and purchasing decisions on garments, clothing and fashion or (b) are unlawful or harmful to the rights and interests of others, or in any way damage, disable, affect or impair the Service , its contents and services. It is also prohibited to use the platform in any way that prevents or hinders the proper functioning of the Service or the normal use or enjoyment of the Service to other users.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user's account without authorization from that user and Service;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
• Contain the results of Color Analysis, Personal style, figure correction results
• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party's consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Service or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. 6. CONTRACTING PAYABLE SERVICES 6.1 Price indication
Some of Image consulting service maybe payable at once for the consultation and on the constant base (subscription) for the personal recommendations.
The price of each product will be indicated on the screen.
The prices will be indicated in local currency and include the corresponding Value Added Tax (VAT) and any other applicable taxes. The prices indicated will be the current ones at all times.
The offers will be properly displayed on the screen.
DNA Style reserves the right to change its prices at any time. Such changes shall take effect immediately after publication.
DNA Style is very committed to ensure the info contained into the application is true and does not have any mistake. Nevertheless, in case the functioning of the mobile application were affected by any error, DNA Style will correct it as soon as its possible.
Even we try to ensure all prices on the mobile application are correct, it could appear errors. In order to avoid them DNA Style will check and verify the established prices. However, the DNA Style won't be bounded to those purchases acquired by the users which prices are mistaken because an error occurred on the mobile application.
In those cases, DNA Style will try to put in contact with the user and will send an email informing about the error and the cancellation of the purchase. The user will have right to repurchase the product or service once the error has been solved.
In the case DNA Style won't be able to get in contact with the user, the purchase will be cancelled and we'll return the payed amounts. 6.2 Purchase procedure:
We inform you in accordance with article 27 LSCI the purchase procedure will follow the next steps:
1. The user will choose the service, consultation or subscription which are payable. In each section are described the details of the service.
2. Once the user chose the service, he or she will access to the contracting section, where it will be the minimum legal information, a description of the service, the price of the service and all the extra fees or duration. The user can modify or even cancel the offer of the services chosen.
3. The user must confirm the chosen service with the total price and descriptions, and the pay mode. The user also agrees by clicking a checkbox these terms and refusing its right of withdrawal the contract. If the previous checkbox are not clicked the user won't be able to confirm the purchase. The confirmation will do it by pressing a button called "proceed to payment" or analog expression.
4. Once pressed the button, the user must finalize the purchase procedure, by fulfilling the necessary data according to the payment method chosen. Once the payment is done it, the user will have access to the extra payable content of the DNA Style application. At this time the user authorizes us to send him/her by electronic means, to the e-mail address provided by you during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, you must enter the relevant tax data on the Service before placing the order.
We also inform you by mail about the summary of the done it purchase: description, characteristics, duration, price, payment method and date of the contract. We inform the user, he or she has no right of withdrawal the contract in accordance to article 103.m) TRLGDCU, because the service is totally provided when the purchased is confirmed by letting the user access to the extra content or executing its consultation. 6.3 Payment method:
The purchases done it on DNA Style can be payed using the next methods:
- Application payment:
Payment in the Applications will be made through the accounts on the Google Play or Apps Store platforms through which the Application is provided. The conditions of service established in the aforementioned platforms (https://play.google.com/about/play-terms.html
) (hereinafter, the "Conditions of the Platforms") are equally applicable to this service. By ordering consultations, the User authorizes DNA Style to charge the corresponding price through the chosen payment method.
If you have any problems with your order, you can contact our customer care team by the means made at your disposal through the Platform. 6.4. Security in transactions
Your safety is guaranteed.
DNA Style has a secure server: Our secure server encrypts all personal information, so that it cannot be read while travelling from your computer to ours. All information about our user is confidential and is not provided to any company or organization. 6.5 Cancellation:
You may cancel the consultation free of charge until you upload photo and we recognized it. If it failed to recognize the photo you have right to cancel consultation free of charge.
We reserve the right to cancel the consultation without having to provide a just cause. In the event of cancellation at our instance, you shall be entitled to a refund of the amount paid.
To file a complaint, write to us at email@example.com 7. PRIVACY
DNA Style guarantees that it will process personal data in compliance with the provisions of the legislation on the protection of personal data and information society services and electronic commerce. The protection of personal data extends to everything related to the collection and use of the information provided through this MEDIA AND/OR DIGITAL ENVIRONMENT.
For this purpose, DNA Style has adopted the technical and organizational measures of security in its installations, systems and files.
Whenever personal data are requested from a user of the MEDIA AND/OR DIGITAL ENVIRONMENT, at least the identity of the data controller, the purpose for which the data are obtained and the rights of the user will be duly informed in each case.
In the event that users provide personal data of third parties, they must inform these third parties of the content of the data provided, the existence and purpose of the file where their data are stored and the possibility of exercising their rights and identify DNA Style as controller of the processing.
All users may revoke their consent, exercise their rights of access, rectification, suppression, limitation, opposition to the processing of their personal data or request their portability by writing to firstname.lastname@example.org indicating in the subject personal rights
, or by post at the Aribau street, 185, 3rd
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the "Service Content
") are owned by or licensed to Service and are protected under the law. Except as explicitly stated in this Agreement, Service and our licensors reserve all rights in and to our Services and the Service Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Service Content for your own personal use; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or commercially use our Services or Service Content; (b) copy, reproduce, distribute, publicly perform or publicly display Service Content, except as expressly permitted by us or our licensors; (c) modify the Service Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Service Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or Service Content other than as expressly provided in this Agreement. Any use of our Services or Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service Content.
We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others upon prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; € a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Service's Copyright Agent for notice of claims of infringement is email@example.com.
You may find links to other websites operated by third parties. Establishing any links, redirections or associations ("links") to other websites (www) enabled from the Service does not imply any kind of relationship, collaboration or dependency between DNA Style and those responsible for the other websites and does not imply a guarantee of the content of said website. 10. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Service and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Service Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Service Parties of any third party Claims, cooperate with Service Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Service Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Service or the other Service Parties. 11. DISCLAIMERS
You are responsible for furnishing the services and equipment required to connect to the Internet and to access the Service. In the event of any incident or difficulty accessing the Service, the User can report to DNA Style via email at firstname.lastname@example.org, which shall analyze the incident and give instructions to the user on how to resolve it as soon as possible.
DNA Style will not respond in cases of service interruptions, connection errors, unavailability or deficiencies in accessing Internet services or interruptions of the Internet or for any other reason beyond its control.
We reserve the right to terminate your access to the platform at any time and without notice, either for technical reasons, security, control, maintenance, by power failure or any other cause.
To the maximum extent permitted by applicable law, DNA Style excludes any liability for damages of any kind that may result from the illicit use of the Service by Users or that may result from the lack of veracity, completeness and / or authenticity of the information that users provide to other users about themselves, including but not limited to damages of any kind that may be due to the impersonation of a third party by a User in any kind of correspondence via the Service.
Users assume all liability for the use of the Platform, being solely responsible for any direct or indirect effect on the Platform derived, including but not limited to, all economic, technical and/ or legal aspects, and the failure to meet expectations generated by this platform, compelling the users to release DNA Style of all liability for any claims arising directly or indirectly from such facts.
Notwithstanding the foregoing, we reserves the right to limit, in whole or in part, access to the Platform to certain users, and to cancel, suspend, block or remove certain types of content, using suitable technological tools the effect, if it had actual knowledge that the activity or information stored is unlawful or harms property or rights of a third party or is fraudulent. In this regard, we may implement the necessary filters to prevent that via our service, illegal or harmful content be posted on the Internet.
Your use of our services is at your sole risk. Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Service does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Service attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. 12. LIMITATION OF LIABILITY
DNA Style will not be liable to you under any theory of liability -whether based in contract, tort, negligence, strict liability, warranty, or otherwise- for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if service or the other service parties have been advised of the possibility of such damages.
The total liability of DNA Style for any claim arising out of or relating this Agreement or our services, regardless of the form of the action, is limited to the amount paid by the user.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of DNA Style for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 13. LEGISLATION
For all purposes, relationships between DNA Style and you of this telematic services, which are present on this platform, are subject to Spanish legislation and jurisdiction to which the parties hereby expressly submit themselves, then the Courts and Tribunals of BARCELONA being competent for the resolution of all and any disputes arising or related to the use of said services. 14. ELECTRONIC COMMUNICATIONS
By accessing or using the Services, you also consent to receive electronic communications from Service (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. 15. TERMINATION
In the event of contract termination, the you agrees to (a) remove any copies you have of the implementation of the Service and (b) to discontinue your use of the Service. In addition, access to your Account and all its contents will be deactivated and its contents removed, unless your backups are kept (which are used exclusively for data recovery or "back up" and legal defense within the interests of DNA Style). 16. SEVERABILITY
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. 17. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the "App") developed by Apple Inc. ("Apple").
• Acknowledgement. You acknowledge that this Agreement is concluded solely between us, and not with Apple, and Service, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
• Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Maintenance and Support. You and Service acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Service. However, you understand and agree that in accordance with this Agreement, Service has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
• Product Claims. You and Service acknowledge that as between Apple and Service, Service, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. The parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party's intellectual property rights, Service, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
• Legal Compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof).