DrawinDots - Terms of use

 

Last update April 06, 2020

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a. Acknowledgement: These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, (“you” or “your”) and DrawinDots Licensor (“we,” “us”, “our” and “Licensor”), concerning your access to and use of our mobile application DrawinDots (hereinafter: Application). By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. 

 

 

b. Scope of License: You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing. This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern. You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with abc's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with abc's prior written consent). You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages. Licensor reserves the right to modify the terms and conditions of licensing.

 

 

c. Maintenance and Support: The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the website address listed in the App Store Overview for this licensed Application. The Licensor and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

 

 

d. Fees: DrawinDots will charge you for the following: paid version andIn-app purchase (monthly payment). In regards to paid version, payment will only be required once for the purchase. In regards to in-app purchase (monthly payment): Payment will be required on the registration day, and user will also be charged for the automatic renewal every month on the due date (referred to as monthly payment hereafter). Not limited to the previous case, user will not be charged during free trial period; however, if the user does not cancel the usage after the free trial period has ended, it will automatically switch to monthly payment. User can cancel the monthly payment through a designated cancellation procedure; however, monthly payment will continue until the user cancels it. Monthly payment cancellation procedure will be valid until 24 hours before the end of the free trial period or 24 hours before the due date of the monthly payment. After that, user will be required to pay the monthly payment fee for the next month. During the free trial period or while the monthly payment is active, user will be entitled to the use of features and services covered in Section 2 item 7. If the user cancels the subscription during the free trial period, the free trial period will still be in effect; however, if the user registers again, the free trial period will no longer be in effect.

 

 

e. Warranty: No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of DrawinDots’s sphere of influence that affect the executability of the Application. You are required to inspect the Application immediately after installing it and notify us about issues discovered without delay by the website address listed in the App Store Overview for this licensed Application. The defect report will be taken into consideration and further investigated if it has been mailed within a period of sixty (60) days after discovery. If we confirm that the Application is defective, we reserve a choice to remedy the situation by means of solving the defect. In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

 

 

f. Product Claims: We and the End-User acknowledge that DrawinDots Licensor, and not Apple, is 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; and (ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement.

 

 

g. Intellectual Property Rights: We and the End-User 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 on the third party's intellectual property rights, DrawinDots Licensor, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

 

 

h. Legal Compliance: You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.

 

 

i. Third Party Terms of Agreement and Beneficiary: Both we and End-User acknowledge and agree that, in your use of the DrawinDots, you will comply with any applicable third part terms of agreement. In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

 

 

j. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. THE LICENSED APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. DRAWINDOTS LICENSOR MAKE NO WARRANTY THAT THE RESULT OS THE USING THE APPLICATION WILL MEET YOUR EXPACTATIONS

 

 

Our mailing address is Rua Saudades, 225. Joinville, SC - Brazil.