END USER LICENSE AGREEMENT - iOS
THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND KATECHA CORP (“WE”, “US”, OR “KATECHA CORP”) REGARDING YOUR USE OF THE EXHALE APP (THE “LICENSED APPLICATION”). BY USING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT ENTITLED TO USE THE LICENSED APPLICATION AND MUST DE-INSTALL THE LICENSED APPLICATION FROM ALL OF YOUR DEVICES.
1. ACKNOWLEDGEMENT. You acknowledge that this EULA is concluded between you and Katecha Corp only, and not with Apple. Katecha Corp, and not Apple, is solely responsible for the Licensed Application and the content thereof.
2. SCOPE OF LICENSE. Subject to the terms of this EULA, Katecha Corp hereby grants you a non-exclusive, non-assignable, non-transferable, limited license, without the right to sublicense, to install and use, in accordance with the terms of this EULA, the Licensed Application on any iPhone or iPod touch that you own or control (the “License”) and as permitted by the Usage Rules set forth in the Apple App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any iPhone, iPod touch, or other device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. This License does not grant any rights to obtaining future upgrades, updates, enhancements, or supplements of the Licensed Application. If upgrades, updates, enhancements, or supplements of the Licensed Application are obtained, however, the use of such upgrades or updates is governed by this EULA and any amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply. The Licensed Application is licensed, and not sold, to you under this EULA. You have no ownership rights in the Licensed Application or any related documentation. Katecha Corp retains all right, title, and interest in and to the Licensed Application (including any changes, modifications, or corrections thereto) and any related documentation.
3. RESTRICTIONS. The Licensed Application and any related documentation is protected by copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any other language, distribute, or create derivative works based on the Licensed Application without the prior written consent of Katecha Corp. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Licensed Application to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Licensed Application may contain proprietary trade secrets of Katecha Corp. You agree that you will not, and will not allow any other person, to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Licensed Application by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. You agree not to remove, disturb, hide, or obscure any copyright or trademark notices embedded within the Licensed Application. You further agree not to tamper with, remove, or otherwise attempt to defeat any security system used by Katecha Corp in the Licensed Application to prevent the unauthorized copying of the Licensed Application.
4. CONSENT TO USE OF DATA. You agree that Katecha Corp may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Licensed Application updates, product support and other service to you (if any) related to the Licensed Application. Katecha Corp may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
5. YOUR CONTENT. All content or data that you post on or submit to the Licensed Application (“User Content”) must comply with all intellectual property laws. All User Content is the sole responsibility of the person by whom the User Content was posted. This means that you, and not us, are solely responsible for all User Content that you upload, post, transmit, submit or otherwise make available through the Licensed Application. Katecha Corp does not control the User Content posted on or submitted via the Licensed Application and, therefore, Katecha Corp does not guarantee the accuracy, integrity, or quality of such User Content. When you post or submit User Content through the Licensed Application, you represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post; (ii) use of the User Content you supply does not violate this policy; (iii) the User Content does not infringe any intellectual property or other rights of any third-party and does not violate any applicable laws or regulation; and (iv) the User Content will not cause injury to any person or entity. You also agree that you will not: (1) post any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or (2) impersonate any person or entity, including, but not limited to, any of our employees, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity. Without limiting the foregoing, we have the sole discretion, but not the obligation, to remove any User Content and accounts associated with such User Content that we believe, in our sole discretion, violates this Section, is unlawful, violates any third-party’s intellectual property rights, or otherwise is objectionable to Katecha Corp. Further, should User Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. By posting the content, you grant Katecha Corp a perpetual, non-exclusive license to use the content to advertise its products and services and in communications with other Katecha Corp members, including without limitation in blog posts, on its social media accounts, and in email communications with its members, in accordance with its Privacy Policy, in order to provide the Katecha Corp service, and as otherwise set forth in this EULA.
6. COPYRIGHT DISPUTES. Please see the Copyright Disputes section of our Terms of Use for more information about our policies and practices with regard to copyright disputes as to User Content.
7. MAINTENANCE AND SUPPORT. You and Katecha Corp acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with regard to the Licensed Application.
8. UPDATES. Katecha Corp may, but is not obligated, to provide upgrades, error corrections, updates, or other modifications to the Licensed Application (collectively “Updates”), including automatically installing Updates to the Licensed Application. You agree that Katecha Corp may modify the Licensed Application, even after it has been installed, with or without your knowledge. You consent to the automatic installation of the Updates, and agree that you will only use the most recent, updated version of the Licensed Application provided to you by Katecha Corp.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KATECHA CORP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. KATECHA CORP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KATECHA CORP OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The content available through the Licensed Application is for informational purposes only, and does not contain or constitute, and should not be interpreted as, medical advice or opinion. Katecha Corp makes no representation or warranty, and expressly disclaims any representation or warranty, whether express or implied, with regard to content available on or through the Licensed Application. Content posted by users of the Licensed Application is not a substitute for the advice of a medical professional, and the information made available on or through the Licensed Application should not be relied upon when making medical decision, or to diagnose or treat a medical or mental health condition. You assume full responsibility for any decision or action taken in reliance on content made available through the Licensed Application and the results of the same.
10. FUNCTIONING. You acknowledge that the Licensed Application, and your use of the Licensed Application, may be interrupted from time to time. You further acknowledge that the Licensed Application is not error free. Katecha Corp cannot accept any responsibility under this EULA for the functioning of your wireless device with respect to the Licensed Application. Katecha Corp will be entitled, on reasonable grounds, including the reasonable belief of fraud or illegal activity by any user in their use of the Licensed Application, to suspend access by you to the Licensed Application. You understand that Katecha Corp may be required by law enforcement agencies to disclose information regarding your use of the Licensed Application and that Katecha Corp will comply with such requests. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple has and will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Katecha Corp’s sole responsibility.
11. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KATECHA CORP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KATECHA CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Katecha Corp’s total liability to you for all damages exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. THIRD-PARTY CLAIMS. Katecha Corp, and not Apple, is responsible for addressing any claims made by you or a third-party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Katecha Corp acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third-party’s intellectual property rights, Katecha Corp, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
13. INDEMNIFICATION. You undertake to indemnify and hold Katecha Corp, its licensors, successors, and affiliates, and, collectively, their respective partners, directors, officers, employees or agents, or anyone else who has been involved in the creation, production or delivery of the Licensed Application (collectively the “Indemnified Parties”) harmless from and against all damages, costs, claims and liabilities (including reasonable attorney’s fees) suffered or incurred by the Indemnified Parties as a consequence of any claims or proceedings made or brought against the Indemnified Parties by any person in connection with your use of the Licensed Application, including, without limitation, any claim that, if true, would cause you to be in breach of Section 5.
14. TERMINATION. This EULA is effective until it is terminated. You may terminate this EULA at any time by discontinuing your use of the Licensed Application and destroying all copies of the Licensed Application and related documentation in your possession or under your control. Katecha Corp may immediately terminate this EULA if you violate any of its terms and conditions. Upon termination of this EULA, all license rights granted to you shall immediately terminate and all rights to use the terminated Licensed Application cease. You must delete any Licensed Application supplied and, if requested by Katecha Corp, certify to Katecha Corp that such deletion occurred.
15. SURVIVAL. Sections 3, 4, 5, 9, 11, 13-19 and 21 of this EULA shall survive the termination of this EULA.
16. CONTROLLING LAW AND VENUE. This EULA will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree to the jurisdiction of the state and federal courts located in Delaware, regarding any disputes arising under this Agreement.
17. SEVERABILITY. If any provision or portion thereof of this EULA is found by a court of competent jurisdiction to be unenforceable, that provision or portion thereof shall be severed from this EULA, and the remainder of this EULA shall continue in full force and effect.
18. COMPLETE AGREEMENT. This EULA constitutes the entire agreement between the parties with respect to the use of the Licensed Application licensed hereunder and supersedes all prior or contemporaneous understandings between you and us regarding the subject matter hereof. No amendment to or modification of this EULA will be binding unless in writing and signed by Katecha Corp. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern.
19. EXPORT COMPLIANCE. You hereby 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.
20. MENTAL HEALTH INFORMATION. Any mental health information accessed on the Licensed Application is not intended as a tool for self-diagnosis, is not a recommendation of a specific treatment plan or mental healthcare provider, and is not a substitute for proper medical advice, diagnosis or treatment. Proper treatment of mental health conditions depends on a number of factors, such as your medical history, diet, lifestyle and the medication that you currently take. Your doctor or other licensed mental health care provider is in the best position to take these and other factors into account in assessing and addressing your individual mental health care needs and use of the Licensed Application cannot replace medical consultation with a qualified mental health or medical professional. You assume all risk for any medical advice you rely on in the Licensed Application.
21. DEVELOPER NAME AND ADDRESS. Katecha Corp has a place of business at 501 Fletcher Ave Unit B Indianapolis, IN 46203. Any questions, complaints, or claims you may have with regard to the Licensed Application should be directed to: katara@katechacorp.com.
22. THIRD-PARTY BENEFICIARY. You understand and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of the terms and conditions of this 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 hereof.