Zenegant Focus App End User License Agreement
[updated 24 Oct 2019]
This End User License Agreement (“Agreement”) is between you and Zenegant and governs use of this app made available through the Apple App Store. By installing the Zenegant Focus 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 Zenegant Focus App.<
This Agreement is between you and Zenegant 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. Zenegant, not Apple, is solely responsible for the Zenegant Focus App and its content.
2. Privacy Zenegant may collect and use information about your usage of the Zenegant Focus App, including certain types of information from and about your device. Zenegant 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 Zenegant Focus App.
3. Scope of License
Zenegant grants you a limited, non-exclusive, non-transferable, revocable license to use theZenegant Focus App for your personal, non-commercial purposes. You may only use theZenegant Focus 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 Zenegant Focus 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 Zenegant Focus App does not violate any applicable law or regulation. Your access to the Zenegant Focus App may be terminated without warning if Zenegant 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 Zenegant Focus App, you agree to be bound by this Agreement in respect to your child’s use of the Zenegant Focus App.
5. Objectionable Content Policy
Content may not be submitted to Zenegant, 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.
Zenegant disclaims all warranties about the Zenegant Focus App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Zenegant, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support
Zenegant does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Zenegant, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims
Zenegant, not Apple, is responsible for addressing any claims by you relating to the Zenegant Focus App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Zenegant Focus 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
Zenegant shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Zenegant Focus App. To the extent Zenegant is required to provide indemnification by applicable law, Zenegant, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Zenegant Focus App or your use of it infringes any third party intellectual property right.
10. Legal Compliance:
You as an End-User, must 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.
11. Third Party Terms of Agreement:
You must comply with applicable third party terms of agreement when using Zenegant Focus.
12. Third Party Beneficiary:
You and Zenegant acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the current EULA, and, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
You hereby acknowledge that Zenegant does not guarantee any specific parameter of improvement caused by Zenegant Focus App, since results may vary according to your pattern of usage, your current and previous medical (including mental) condition, your environmental factors, your motivation to use the Zenegant Focus App and many other factors. You hereby acknowledge that Zenegant Focus is not a medical device/tool, hence it is not intended for medical purposes and does not claim to heal any disease in particular. You hereby confirm that you are in perfect physical and mental health and do not have any medical condition that can be worsened by the use of the App. However, in case of doubt, please consult with your doctor before using the App and refer to your doctor should your health condition seems to be affected by the usage of the App in any way.
Any End-User questions, complaints or claims with respect to the Licensed Application Zenegant Focus should be directed to Zenegant SRL, Str. Logofat Tautu nr. 16, Bl. 1, Ap. 3, Iasi – 700456, Romania, tel. +40785045493.