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Terms of Use

You agree to this terms of use by interacting with our software or services in any way.


Last updated 1/07/2021

You may only interact with our services through authorised software. "Authorised software/software/service" is any software that we produce and upload to the Google Play Store or the Apple App Store. Any third party works in this software are protected and remain the copyright of its owners, intellectual or other. Accessing functionality we provide not through Authorised software is a breach of the terms of use. You will not reverse engineer, decompile, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the executable code  portions of this software. You agree that certain information we deem necessary may be collected about your   use of this app for the purpose of advertising and analytics. No endorsements with regards to third party programs have been made by any text in this app by direct reference or otherwise. We are not liable for any use by you of this app. By using this software you agree to these terms, and agree to also be bound by the terms found on our website at https://elad.app. You agree that it is your responsibility to keep up to date with the terms of service on our website, and acknowledge that we may change the terms of service at any time, at our own will. You agree that you are bound by the terms every time we update them, without notice. You agree that we may use your information that you submit to us through our apps or services, and any associated metadata, in any way that we see fit (subject to local laws). By signing up to our paid services you agree to pay the full balance on time and in accordance with the relevant payment schedule and terms. You agree that we may share your information with unspecified third party vendors for any purpose. You agree to act in good faith in dealings with our company.

You have an obligation to disclose to us any vulnerabilities in our software.

Contact:

Attn. Of: Elad Apps Pty. Ltd.

Mailing address: 2/23 Foster Street Surry Hills NSW 2010 Australia

Elad Apps Pty. Ltd. is a proprietary company limited by shares incorporated in Australia under Queensland's jurisdiction. ABN: 22 651 181 118.



Additionally, you agree to the following EULA by using our software or services, in any way:

1. Acknowledgement: You and the End-User must acknowledge that the EULA is concluded between You and the End-User only, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review). 

2. Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 

3. Maintenance and Support: You must be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You and the End-User must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. 

4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple 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 Your sole responsibility. 

5. Product Claims: You and the End-User must acknowledge that You, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit Your liability to the End-User beyond what is permitted by applicable law. 

6. Intellectual Property Rights: You and the End-User must acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

7. Legal Compliance: The End-User must represent and warrant that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties. 

8. Developer Name and Address: You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which any End-User questions, complaints or claims with respect to the Licensed Application should be directed. 

9. Third Party Terms of Agreement: You must state in the EULA that the End-User must comply with applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Your Application. 

10. Third Party Beneficiary: You and the End-User must acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s 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 the End-User as a third party beneficiary thereof.


Where a contradiction, conflict or ambiguity exists in this Terms of service it will be up to Elad Apps Pty. Ltd. to decide.

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