MOBILE APP TERMS OF USE
Last Updated: [Insert Date]
1. Acceptance of the Terms
The following terms of use, (these “Terms”) are entered into by and between you and [Company Full Name] (“[Company Short Name],” “Company,” “we,” “us” or “our”). These Terms govern your access to and use of our website, [www.website.com] (the “Site”) along with any other products or services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).
Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.
Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at [_____________] (the “Privacy Policy”), which is hereby incorporated by reference. Our Privacy Policy details how we collect and use your information.
As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
• Notice Regarding Apple. You acknowledge that these Terms are between you and the Company only, not with Apple, and Apple is not responsible for any App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services concerning any App. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple and request that Apple refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to any App. Apple is not responsible for addressing any claims by you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You will comply with any applicable third-party terms when using any App. Apple and Apple’s subsidiaries are third-party beneficiaries of this section of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these Terms against you as a third-party beneficiary of these Terms.