EveningPlan End User License Agreement
This End User License Agreement (“Agreement”) is between you and EveningPlan and governs use of this app made available through the Apple App Store. By installing the EveningPlan 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 EveningPlan App.
User generated content is not shared with other uses or any third-parties, so you are solely responsible for the content you’ve created and cannot have claims to EveningPlan App in case of objectionable content.
- Parties This Agreement is between you and EveningPlan 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. EveningPlan, not Apple, is solely responsible for the EveningPlan App and its content.
- Privacy EveningPlan may collect and use information about your usage of the EveningPlan App, including certain types of information from and about your device. EveningPlan 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 EveningPlan App.
- Limited License EveningPlan grants you a limited, non-exclusive, non-transferable, revocable license to use the EveningPlan App for your personal, non-commercial purposes. You may only use the EveningPlan App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
- Age Restrictions By using the EveningPlan 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 EveningPlan App does not violate any applicable law or regulation. Your access to the EveningPlan App may be terminated without warning if EveningPlan 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 EveningPlan App, you agree to be bound by this Agreement in respect to your child's use of the EveningPlan App.
- Warranty EveningPlan disclaims all warranties about the EveningPlan App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, EveningPlan, not Apple, shall be solely responsible for such warranty.
- Maintenance and Support EveningPlan does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, EveningPlan, not Apple, shall be obligated to furnish any such maintenance or support.
- Product Claims EveningPlan, not Apple, is responsible for addressing any claims by you relating to the EveningPlan App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the EveningPlan 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.
- Third Party Intellectual Property Claims EveningPlan shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the EveningPlan App. To the extent EveningPlan is required to provide indemnification by applicable law, EveningPlan, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the EveningPlan App or your use of it infringes any third party intellectual property right.