This End-User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and We Manage Your Site, Inc. (“Company” or “We”). This Agreement governs your use of our application (“App”).
By downloading, installing or using the App, you are agreeing to be bound by the terms and conditions of this Agreement.
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Acknowledgement
This Agreement is concluded between the End User and the Company only, and not with Apple. The Company, not Apple, is solely responsible for the App and its content. The terms of this Agreement are not in conflict with the Apple Media Services Terms and Conditions.
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Scope of License
The Company grants you a revocable, non-exclusive, non-transferable license to use the App on any Apple-branded products that you own or control as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Other accounts associated with the purchaser may also access and use the App via Family Sharing or volume purchasing.
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Subscription
- Our App offers monthly and annual subscription plans. There is no free trial.
- You will be charged a subscription fee, the amount of which will be provided to you before the purchase, through your Apple account.
- Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
- You can manage and cancel your subscriptions by going to your Apple account settings after purchase.
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Maintenance and Support
The Company is solely responsible for providing any maintenance and support services for the App as required under applicable law. You acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the App.
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Warranty
The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App. Apple will have no other warranty obligation whatsoever with respect to the App. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
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Product Claims
You and the Company acknowledge that the Company, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
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Intellectual Property Rights
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
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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.
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Developer Name and Address
Any questions, complaints, or claims with respect to the App should be directed to: We Manage Your Site, Inc. [Your Address] [Your Email] [Your Phone Number]
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Third Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the App.
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Third Party Beneficiary
You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your 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 this EULA against you as a third-party beneficiary thereof.
This Agreement is effective as of the date you first download, install, or use the App, and will remain in effect until terminated.
This Agreement was last modified on July 18, 2023.