END USER LICENSE AGREEMENT
Last updated April 05, 2020
Poochie App is licensed to You (End-User) by Patrick O’Sullivan REPTILEHAUS, located at Dům Radost, náměstí Winstona Churchilla 1800/2, Žižkov, 130 00, Praha, Czech Republic (hereinafter: Licensor), for use only under the terms of this License Agreement.
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.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Patrick O’Sullivan REPTILEHAUS, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Patrick O’Sullivan REPTILEHAUS acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
- THE APPLICATION
Poochie App (hereinafter: Application) is a piece of software created to Social network application for people who love animals and want to meet like minded people – and customized for Apple mobile devices. It is used to a social network.
- SCOPE OF LICENSE
2.1 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 Patrick O’Sullivan REPTILEHAUS’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.2 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 Patrick O’Sullivan REPTILEHAUS’s prior written consent).
2.3 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.
2.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
- TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version iOS 13 + or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
- NO MAINTENANCE OR SUPPORT
4.1 Patrick O’Sullivan REPTILEHAUS is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2 Patrick O’Sullivan REPTILEHAUS and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
- USE OF DATA
6.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
6.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
7.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
7.2 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 Patrick O’Sullivan REPTILEHAUS’s sphere of influence that affect the executability of the Application.
7.3 You are required to inspect the Application immediately after installing it and notify Patrick O’Sullivan REPTILEHAUS about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
7.4 If we confirm that the Application is defective, Patrick O’Sullivan REPTILEHAUS reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 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.
7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
- PRODUCT CLAIMS
Patrick O’Sullivan REPTILEHAUS and the End-User acknowledge that Patrick O’Sullivan REPTILEHAUS, 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;
(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.
- 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.
- CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
náměstí Winstona Churchilla 1800/2
Žižkov, 130 00
The license is valid until terminated by Patrick O’Sullivan REPTILEHAUS or by You. Your rights under this license will terminate automatically and without notice from Patrick O’Sullivan REPTILEHAUS if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Patrick O’Sullivan REPTILEHAUS represents and warrants that Patrick O’Sullivan REPTILEHAUS will comply with applicable third-party terms of agreement when using licensed Application.
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.
- INTELLECTUAL PROPERTY RIGHTS
Patrick O’Sullivan REPTILEHAUS 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, Patrick O’Sullivan REPTILEHAUS, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
- APPLICABLE LAW
This license agreement is governed by the laws of Czechia excluding its conflicts of law rules.
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
15.3 Community Rules.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose
use the Service in order to damage Poochie App
violate our Community Guidelines, as updated from time to time.
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account, share an account with another user, or maintain more than one account.
create another account if we have already terminated your account, unless you have our permission.
Poochie App reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Poochie App regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
Other Users’ Content.
Although Poochie App reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Poochie App cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact page or via the support chat in-app