This Agreement is between you and Typewise only, and not Apple, Inc. [“Apple”]. Typewise, not Apple, is solely responsible for the Typewise App and their content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third-party beneficiary relating to your use of the Typewise App.
2. Scope of License
Typewise grants you a limited, non-exclusive, non-transferrable, revocable license to use the Typewise App for your personal, non-commercial purposes. You may only use the Typewise App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
3. Maintenance and Support
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Typewise App. To the extent that any maintenance or support is required by applicable law, Typewise, not Apple, shall be obligated to furnish any such maintenance or support.
In the event of any failure of the Typewise App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Typewise App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Typewise App, 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 Typewise.
5. Product Claims
Typewise does not make any warranties concerning the Typewise App to the extent permitted by applicable law. You and Typewise acknowledge that Typewise, not Apple, is responsible for addressing any claims you have or any claims of any third party relating to the Typewise App or your possession and use of the Typewise App, including, but not limited to: (i) product liability claims; (ii) any claim that the Typewise App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, or similar legislation, including in connection with the Typewise App’s use of the HealthKit and HomeKit frameworks. Nothing in this Agreement shall be deemed an admission that you may have such claims.
6. Legal Compliance
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Third Party Intellectual Property Rights
Typewise shall not be obliged to indemnify or defend you with respect to any third-party claim arising out or relating to the Typewise App. To the extent Typewise is required to provide indemnification by applicable law, Typewise, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Typewise App or your use of it infringes any third party intellectual property right.
8. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the Typewise App. Your right to use the Typewise App will terminate immediately if you violate any provision of this Agreement.
9. Third Party Beneficiary
You and Typewise acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement as related to your license of the Typewise App, 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 as related to your license of the Typewise App against you as a third party beneficiary thereof.
10. Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in the Typewise App and its contents, including any and all Typewise designs, trademarks, logos, content, data, databases, information, text, music, sound, photos, images, graphics, audio, video, software, code, technology, methods, analyses, studies, reports, and other intellectual property contained therein are owned by or licensed to Typewise, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations.
You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Typewise App; modify, translate, or create derivative works based on the Typewise App; use the Typewise App for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
11. General Disclaimer
You expressly agree that use of the Typewise App is at your sole risk. The Typewise App is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Typewise, its officers, directors, employees, and agents, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Typewise does not warrant that the App will meet your requirements, or that the App will be uninterrupted or error-free, that defects will be corrected or that App is free of viruses or any other harmful components. Typewise does not warrant or make any representations regarding the use or the results of the use of the content or data on the App, with respect to their correctness, accuracy, reliability or otherwise. Typewise does not warrant, endorse, guarantee, or assume responsibility for any products, or services advertised or offered by a third party through the App or any hyperlinked services or featured in any other advertising, and Typewise will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of products or services through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
12. Limitations of Liability
In no event shall Typewise, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use of the App, or any (i) errors, mistakes, or inaccuracies of content or data, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any third party, and/or (v) any errors or omissions in any content or data or for any loss or damage of any kind incurred as a result of your use of any content or data posted, emailed, transmitted, or otherwise made available via the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not Typewise is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Typewise shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. In no event will Typewise’s total aggregateliability to you under this agreement exceed the amount paid by you to use the service during the prior six (6) months.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Typewise, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's’ fees) arising from: (i) your use of and access to the App (including, without limitation, Mobile Services); (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your user content caused damage to a user or third party. Typewise may assume the exclusive defense and control of any matter for which users have agreed to indemnify Typewise and you agree to assist and cooperate with Typewise in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the App.
15. Contact Information
If you have any questions, feedback or to report a violation regarding these Terms of Service, you may email us at email@example.com or contact us by mail addressed to:
Im Kugelfang 50