This End User License Agreement ("EULA") is a binding legal agreement between you ("End User" or "you") and Creasium ("Company," "we," "us," or "our"). This EULA governs your use of any mobile applications provided by Creasium (collectively, the "Application"), including all related documentation, updates, and upgrades.
1. Acknowledgment
You acknowledge that this EULA is concluded between you and Creasium only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Creasium, not Apple or Google, is solely responsible for the Application and the content thereof. The rules and policies of the platform from which you downloaded the Application (the Apple App Store or Google Play Store) also apply to your use of the Application.
2. Scope of License
Creasium grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Application strictly in accordance with the terms and conditions of this EULA. This license is limited to use on mobile devices that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service or Google Play Terms of Service.
3. License Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- Copy or use the Application for any purpose other than as permitted under the Scope of License.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Creasium or its affiliates, partners, suppliers or the licensors of the Application.
4. Maintenance & Support
Creasium is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA, or as required under applicable law. You acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the Application.
5. Warranty
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Creasium expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
6. Product Claims
You acknowledge that Creasium, not Apple or Google, is responsible for addressing any claims of the End User or any third party relating to the Application or your possession and/or use of the 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.
7. Intellectual Property Rights
You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Creasium, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
8. Legal Compliance
You 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.
9. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Application. For example, if you have a VoIP application, then you must not be in violation of your wireless data service agreement when using the Application.
10. Third-Party Beneficiary
You and Creasium acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, 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 this EULA against you as a third-party beneficiary thereof.
11. Termination
This EULA is effective until terminated by you or Creasium. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
12. Contact Information
If you have any questions, complaints, or claims with respect to the Application, please contact us at:
- Company: Creasium
- Email: contact@creasium.com
- Website: https://creasium.com
- Address: [Company Address]