End User License Agreement for Glydsphere Mobile Applications
Last updated: February 2021
The following terms and conditions in this End User License Agreement (the “Agreement” or “EULA”) govern your use of one or more Glydsphere mobile applications (each, an “Application” or “App”). You may use the Applications only if you agree to these terms and conditions.
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU FULLY INSTALL AND USE AN APPLICATION.
By clicking or checking the “I agree” or “Accept” button or box or the like displayed on your Apple iOS or other Apple-branded device or product or your device that can access Google Play (each of the foregoing, respectively, an “Apple Device” and a “Google Device”; collectively “Devices” and each a “Device”) or by using an Application, you SIGNIFY YOUR ACCEPTANCE OF AND YOUR AGREEMENT to be bound to this Agreement. This Agreement has the same legal effect as an agreement executed with handwritten signatures in writing.
If you do not agree, do not click or check the “I agree” or “Accept” button or box or the like, and do not use the Application.
You agree that your installation of an Application signifies that you have read, understood, and agree to be bound by this Agreement.
Other terms and conditions associated with your use of the Applications as a part of participating in other services are contained in the Terms of Service and Participation for Glydsphere Additional Offerings .
1. Applications; Fees.
Space Gravity GmbH (“Space Gravity,” “we,” “us,” or “our”) provides the Applications to you under the terms and conditions of this Agreement. In this Agreement, we use the term “you” or “your” to mean you as an individual. We may discontinue or change any of the features or functionalities of the Applications at any time and without notice.
As described at our sites, certain of our Applications may be obtained at no charge for free, and certain of our Applications may be obtained only for fees charged. As applicable, such fees will be charged during the download of such applicable Applications or at some other commercially reasonable time and are associated with your access and use of certain of our Applications.
2. User Information; Usage Rules; Changes to this Agreement; Operating a Vehicle.
We may send you notices electronically, either via an Application or by email.
We may modify these terms and conditions at any time, including, but not limited to, if we offer and you accept the download of any new features or Updates (as defined below) for an Application. Each time you access and use an Application, you signify your acceptance of and agreement to the then-current terms and conditions of the Agreement. We may, but are not required to, separately inform you of changes to any of the terms and conditions in the Agreement.
Your use of our Applications on Devices is subject to certain applicable third parties’ policies, terms and conditions, requirements, and usage rules, including but not limited to those set forth in, or applicable to, the Apple Media Services Terms and Conditions and the Google Play Terms of Service or otherwise required by Apple and Google (collectively, the “Usage Rules”), which you agree are, to the extent the foregoing are applicable, binding on you. You shall use the Applications in strict compliance with all applicable laws, rules, and regulations.
You acknowledge and agree that we have no responsibility and no liability to you or anyone else for your breach of or failure to satisfy the following:
You acknowledge and agree that it is your obligation to always drive and otherwise operate your automobile or other type of vehicle safely, vigilantly, and according to all road and traffic-related and pedestrian conditions and in accordance with all applicable traffic and driving laws and regulations; and
While you are driving or otherwise operating an automobile or other type of vehicle, you also acknowledge and agree that you should not interact with or input or provide commands – verbally or non-verbally – to any Application or the Device on which it is installed in any manner that is unsafe or inconsistent with any applicable traffic or driving laws or regulations.
This is a license of an Application, not a sale. The Application and any of Our Content (as defined below) and any services that may be provided via the Application are protected by copyright and other intellectual property laws and by international treaties. We and our licensors and suppliers own all rights in the Applications, including all patents, copyrights, trade secrets, trademarks, and any and all other proprietary and intellectual property rights worldwide. Your rights to use an Application are specified or referenced herein, and we retain and reserve all rights not expressly granted to you.
4. Scope of License.
Subject to the terms and conditions of this Agreement and during the term of this Agreement, we grant you a personal, limited, non-exclusive, revocable, non-sublicenseable, and non-transferrable license to install and use the Application for personal, non-commercial purposes only on, as applicable, any Apple Device or Google Device that you, as the end-user, own or control and as or to the extent permitted by the Usage Rules (except that such Application may be accessed, acquired, and used by other accounts via “family sharing” (as defined or described in such Usage Rules) or volume purchasing).
You may not rent, lease, lend, sell, redistribute, or sublicense the Applications.
You may not distribute or make the Applications available over a network where it could be used by multiple devices or products at the same time, except for purposes of, and during such time that you are, creating certain audio or sound files in a manner that may otherwise be authorized by us, for use with the Applications or as a part of family sharing.
The above license will govern any Updates provided by us that replace and/or supplement the original Application, unless such Update is accompanied by a separate license agreement, in which case the terms and conditions of that license agreement will govern.
You may not: (a) access or attempt to access the Application by any means other than through the interface provided by us; (b) make any copies of the Application other than the copy that you need to operate the Application on your Devices; (c) modify or create any derivative works of the Application; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Application, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (e) use the Application to develop software or services that access the address space of the Application or that intercept the proxy; (f) attempt to gain unauthorized access to any of our or our suppliers’, licensors’, or distributors’ services, accounts, computer systems, or networks associated with the Application; (g) resell, lease, sublicense, or otherwise attempt to transfer rights to the Application; (h) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Application; (i) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute a part of the Application; (j) incorporate, integrate, or otherwise include all or any portion of any of the Application (including the communications protocols) into any software, program, or product that communicates, accesses, or otherwise connects with our services or that interconnects any of our services with any other instant messaging or other online service; (k) use any of our services associated with the Application in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment of them; (l) use the Application in any way that violates this Agreement or any law; (m) use the Application in any way that violates the rights of any third party; (n) use the Application in any way to transmit, directly or indirectly, any unsolicited bulk communications (such as e-mails, voice, photos, video, chat, or instant messages); or (o) assist any third party to do any of the acts described in this paragraph.
We may take any actions or apply any technical remedies to prevent unsolicited bulk communications, viruses, or other harmful code from entering, utilizing, or remaining within our computer or communications networks.
6. Content and Sound Files and Sets.
6.1 Our Content.
Content, information, materials, graphics, video, audio and sound files that are provided by us or our licensors (collectively, “Our Content”) and that may be accessed or used through the Additional Offerings (as defined in the Terms of Service and Participation for Glydsphere Additional Offerings ) or that are a part of the Additional Offerings are ours and/or our licensors’ property. Unless the context dictates otherwise, Our Content may, for purposes of the Terms of Service and Participation for Glydsphere Additional Offerings , be deemed a part of the Additional Offerings. Our license to you to access and use Additional Offerings is in the Terms of Service and Participation for Glydsphere Additional Offerings . Neither we, Apple, nor Google will have any liability to you for content that may be found to be offensive, indecent, or objectionable. Our Content includes Our Sound Files and (unless the context dictates otherwise) may be deemed to include Modifications to Our Sound Files (each as defined below).
6.2 Your Content.
Content, information, materials, sound recordings, audio and sound files that you submit, provide, or upload to us or our systems or through our interfaces or portals as a part of your access or use of the Additional Offerings (e.g., uploading certain sound files that you separately created or separately obtained from a third party) are, collectively, “Your Content”; provided, however, Your Content does not include Our Content. Your Content includes Your Sound Files and Modifications to Your Sound Files (each as defined below).
As between you and us, you are the owner of Your Content.
You hereby grant to us (and our authorized agents and contractors) all rights, licenses, and permissions in and relating to Your Content as are necessary to provide, facilitate, and make available the Additional Offerings to you.
6.3 Sound Files and Sound Sets.
“Sound File” means an audio or sound file or the like that is both functionally operable and appropriate for your use with an Application.
“Our Sound File” means a Sound File provided by us (including by or through an Additional Offering).
“Your Sound File” means a Sound File provided by you.
“Modification to Our Sound File” means your creation or development of a modification of any kind to Our Sound File.
“Modification to Your Sound File” means your creation or development of a modification of any kind to Your Sound File.
“Modified Sound File” means a Modification to Our Sound File or a Modification to Your Sound File that is both functionally operable and appropriate for your use with an Application.
“Sound Set” means a combination of two or more Sound File(s) and/or Modified Sound File(s) into one overall set that is both functionally operable and appropriate for your use with an Application.
To the extent any Sound Set contains an Our Sound File or a Modification to Our Sound File, you do not own such Sound Set.
To the extent you may have any right, title, or interest in or to any portion of a Modification to Our Sound File (including all copyright and other intellectual property rights embodied in or represented by the foregoing), you hereby assign to us all such right, title, and interest. Upon our request, you will deliver to us such Modification to Our Sound File and/or execute and deliver all documents and perform all acts that we may reasonably request in order to assist us in perfecting the rights transferred to us herein.
Subject to applicable terms and conditions of the Terms of Service and Participation for Glydsphere Additional Offerings and this Agreement and any other applicable limitations or requirements, and during the term that we offer and you access and use an applicable Our Sound File, we grant you a personal, limited, non-exclusive, revocable, non-sublicenseable, and non-transferrable license to create or develop Modifications to Our Sound Files that are both functionally operable and appropriate for your use with an Application and then for your personal, non-commercial purposes only.
You must obtain at your own expense the equipment, means, and services to access the Applications. We do not guarantee that the Applications will work with all wireless service plans, at all times, or in all geographic locations. When you use the Applications, you may incur certain charges from your wireless carrier according to the terms and conditions of your carrier agreement, including without limitation, fees for data, wireless access, and message services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APPLICATIONS THROUGH YOUR WIRELESS DEVICE AND FOR BEING IN COMPLIANCE WITH YOUR CARRIER AGREEMENT.
8. Responsibilities; Passwords; Links.
You are solely responsible for your use of the Applications, the use of your account (if any) by others, or any breach of your obligations under this Agreement. You are responsible for all consequences of activities on your account (if any), including the consequences that may occur if others obtain access to your account (if any). You shall maintain as personal and confidential the unique user identification and/or password used by you to gain access to an Application. It is your sole responsibility to protect your user identification and password from unauthorized use, and you will be responsible and liable for any unauthorized use of your user identification or password.
The Applications may include links to third-party sites not operated by us. These links are provided for your convenience and in no way signify any endorsement of any such sites or the content thereof. Access to any such linked site is at the your own risk, and we will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused by or in connection with any use of or reliance on such content, or any goods or services, available on or through such sites.
9. Your Representations.
You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Applications only for lawful purposes, and that you will not violate the rights of others or the terms and conditions of this Agreement. You represent and warrant that you are at least 18 years old.
10. Consent to Use of Data.
You agree that we 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, for example, periodically to facilitate the provision of software Updates, product support, and other services to you (if any) related to the Applications. We may use this information to improve our products or services (as long as it is in a form that does not personally identify you) or to provide services or technologies to you.
You understand and agree that the Applications may contact our servers from time to time to check for available updates, such as patches, new functionality, fixes, new versions, and other types of updates (collectively, “Updates”). By installing an Application, you consent to such automated requests and to receive Updates. We are not required to provide Updates.
12. No Support or Update Obligations.
Except to the extent as may be required by Usage Rules, you agree that you are not entitled to any support, telephone assistance, corrections, Updates, upgrades, bug fixes, and/or enhancements of the Applications from us or our distributors.
The term of this Agreement commences on the earlier of when you signify your agreement to be bound by it or when you download or install an Application and will continue in effect until terminated or expired. You may terminate this Agreement by discontinuing use of the Applications and by uninstalling the Applications from your Devices. We may terminate this Agreement at any time, with or without notice, upon any violation or breach of this Agreement by you, or if we cease to support an Application, which we may do in our sole discretion. Upon any termination or expiration, you shall cease all use of and uninstall the Applications and destroy any copies, full or partial, of the Applications. All rights and obligations in the Agreement that become absolute before termination or expiration of the Agreement or that are of a continuing nature shall survive such termination or expiration.
14. No Warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATIONS 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 APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATIONS AND ANY SUCH 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. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATIONS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATIONS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE APPLICATIONS OR SERVICES PROVE TO BE 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, TO THAT EXTENT, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The Applications are in no way intended or warranted to meet or satisfy the requirements of any applicable law, regulation, or safety standard regarding the type, pitch, quality, or volume of sound that may be required to be emitted from electric or hybrid vehicles during operation (such as an acoustic vehicle alerting system, warning mechanism, or otherwise).
15. Limitations of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, OR LOSS OF DATA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR RELATED TO USE OR MISUSE OF THE APPLICATIONS; INABILITY TO ACCESS OR USE THE APPLICATIONS; ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE APPLICATIONS; OR ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, US VIA THE APPLICATIONS. In no event shall our total liability to you for all damages exceed the greater of the amount of fees paid by you for the Application that is the subject of such claim or $100.00. The foregoing limitations will apply even if any stated remedy fails of its essential purpose. In some jurisdictions, certain limitations of liability are not permitted, and, to that extent, such limitations on liability may not apply to you.
We assume no responsibility and no liability for any claims, demands, actions, liabilities, losses, damages, or expenses arising out of or relating to any personal injury (including death) or property damage or any violation of any applicable traffic or driving laws or regulations, occurring wholly or in part due to automobile / vehicular accidents or other driving-related incidents, including but not limited to such accidents or incidents occurring while an Application is in use.
16. Import / Export Control.
You represent and warrant that (a) 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 or a country for which there is a unilateral embargo; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to indemnify, defend, and hold harmless us and our employees, contractors, officers, and directors from and against any and all claims, suits, demands, actions, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) that arise from your use or misuse of an Application (including any services related thereto) or your breach or violation of any of the terms and conditions referenced herein or the law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and defense by you, in which event you will cooperate with us in asserting any available defenses.
18. Injunctive Relief.
You agree that your breach or threatened breach of this Agreement will cause us irreparable injury for which recovery of monetary damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under this Agreement in addition to any and all other remedies available to us at law or in equity.
19. Governing Law; Jurisdiction.
This Agreement is governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. Subject to the below Dispute Resolution provisions and for any disputes not otherwise subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts situated in or for Columbus, Ohio, USA, for purposes of any legal action arising out of or related to this Agreement or use of the Applications and/or any related services.
20. Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts, or dispute.
Any civil action, claim, dispute, or proceeding arising out of or relating to this Agreement or access to or use of the Applications and/or any related services will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court (except as provided in Section 18). Except as provided in Section 18, the arbitrator – and not any federal, state, or local court or agency – will have exclusive authority to resolve any dispute arising out of this Agreement or access to or use of the Application and/or related services and to arbitrate any part of this Agreement, including any claim that all or any part of this section or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Columbus, Ohio, USA, under the AAA’s rules and procedures, as modified by this section and conducted in the English language. The AAA’s rules and a form for initiating arbitration proceedings are available at www.adr.org .
You and we will select the arbitrator, and, if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Agreement to this Agreement constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class or representative action (or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf the general public). If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record in or for Columbus, Ohio, USA.
If you do not wish to be bound by arbitration and waive your rights to participate in a class action, you must notify us in writing within thirty (30) days of the date that you obtain an Application and include: (i) your name, (ii) your account number (if any), (iii) your mailing address, and (iv) a statement that you do not wish to resolve disputes with us through arbitration. You must send your notice to us at: firstname.lastname@example.org. If you do not notify us, you agree to be bound by the arbitration provisions and the class-action waiver provisions herein.
This Agreement, including Appendix 1 and Appendix 2 attached hereto and incorporated herein, constitutes the legal agreement between you and us regarding its subject matter. Section headings are for convenience and do not define or limit the scope or intent of such sections. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any part of this Agreement is held invalid or unenforceable, the remaining portions remain in full force and effect, or we may at our option terminate this Agreement. The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity in our sole discretion and without notice to you. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
22. Compliance with Other Agreements.
You must comply with all applicable third-party terms of agreement when using the Applications, including without limitation, any wireless data services agreement.
23. Contact Us.
If you have any questions, complaints, or claims regarding the Applications or this Agreement, you may contact us at:
Space Gravity GmbH
Address: Schillerstr. 9, 64859 Eppertshausen, Germany
APPENDIX 1 – to End User License Agreement for Glydsphere Mobile Applications
Supplemental Terms and Conditions for Use of Applications
with Apple Devices and Apple Products
These terms and conditions supplement and are in addition to the terms of the Agreement for users who install the Applications on an Apple Device:
Space Gravity and you acknowledge that the Agreement is concluded between Space Gravity and you only, and not with Apple, and Space Gravity, not Apple, is (solely to the extent provided in the Agreement) solely responsible for the Applications and the content thereof. No Space Gravity-provided usage rules in the Agreement for the Applications shall apply to the extent they are in conflict with the Apple Media Services Terms and Conditions (or with the Apple App Store Terms of Service) as of the effective date (which Space Gravity acknowledges that it has had the opportunity to review and which you acknowledge you have had the opportunity to review).
2. Maintenance and Support:
Space Gravity is solely responsible for providing any maintenance and support services with respect to the Applications, as may be specified in the Agreement, or as required under applicable law. Space Gravity and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications.
Space Gravity is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in the Agreement. In the event of any failure of the Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Applications to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Applications, and, as between Apple and Space Gravity, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Space Gravity’s sole responsibility, solely to the extent expressly provided in the Agreement.
4. Product Claims:
Space Gravity and you acknowledge that Space Gravity, not Apple, is (solely to the extent applicable in the Agreement) responsible for addressing any of your claims or any third party’s claims relating to the Applications or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the 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 the Application’s use (if any) of the HealthKit and HomeKit frameworks). The Agreement does not limit Space Gravity’s liability to you beyond what is permitted by applicable law.
5. Intellectual Property Rights:
Space Gravity and you acknowledge that, in the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Space Gravity, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim (solely to the extent expressly provided in the Agreement).
6. Third Party Beneficiary:
Space Gravity and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the you as a third-party beneficiary thereof.
APPENDIX 2 – to End User License Agreement for Glydsphere Mobile Applications
Supplemental Terms and Conditions for Use of Applications
with Google Devices and Google Products
These terms and conditions supplement and are in addition to the terms of the Agreement for users who install the Applications on a Google Device:
Space Gravity and you acknowledge that the Agreement is concluded between Space Gravity and you only, and not with Google. Google assumes no responsibility for the Application and assumes no liability for the Agreement.
Space Gravity authorizes Google on a non-exclusive, worldwide, and royalty-free basis to: reproduce, perform, display, analyze, and use the Application in connection with (a) the operation and marketing of Google Play; (b) the marketing of devices and services that support the use of the Application and the marketing of the Application on Google Play and devices; (c) the provision of hosting services to Space Gravity and on Space Gravity’s behalf to allow for the storage of and user access to the Application and to enable third party hosting of such Application; (d) making improvements to Google Play, the Play Console, and the Android platform; and (e) checking for compliance with the Google Play Developer Distribution Agreement and the Developer Program Policies.
3. Family Groups:
Users may be a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase or download a single copy of the Application (unless otherwise prohibited) and share it with other family members in their family group.
4. Maintenance and Support:
Space Gravity is solely responsible for providing any maintenance and support services with respect to the Application, as may be specified in the Agreement, or as required under applicable law. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application or handle any complaints about the Application.
Only users who download the Application will be able to rate and review it on Google Play.
Users are allowed unlimited reinstalls of the Application distributed via Google Play without any additional fee, unless the Application is removed from the Google Play Store by Space Gravity or by Google. If the Application is removed from the Google Play Store, users will no longer have a right or ability to reinstall the Application.
Google may, from time to time, run promotional activities offering coupons, credits, and/or other promotional incentives for paid transactions and/or user actions for the Application solely in connection with Google Play promotions and, for gift card promotions, on Google authorized third-party channels. There will be clear communication to users that such promotions are from Google and not from Space Gravity, any redemption of such promotion will be fulfilled by Google or through a Google authorized third party and not by Space Gravity, and Google will be responsible for compliance with applicable law for such promotions.