Agateway App End User License Agreement
This End User License Agreement (“Agreement”) is between you and Exelor AG ("Exelor") and governs use of the agateway app made available through the Apple App Store. By installing the agateway App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the agateway App.
In order to ensure agateway provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content.
If there are any conflicts between these Terms and the Apple Store Terms of Service, the Apple Store Terms of Service will apply
1. Acknowledgement. This Agreement is between you and Exelor only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Exelor, not Apple, is solely responsible for the agateway App and its content.
2. Privacy. Exelor may collect and use information about your usage of the agateway App, including certain types of information from and about your device. Exelor may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the agateway App.
3. Scope of Licence. The licence granted to you in these Terms to use the agateway App is for use on Apple-branded products, owned or controlled by you. The agateway App may be used or accessed by other accounts associated with you via Family Sharing or volume purchasing.
We’re giving you personally the right to use the agateway App. You can’t transfer the agateway App or the Service to someone else, whether for money, for anything else or for free. And if you sell any device on which the agateway App is installed, you must remove the agateway App first. You must also keep all passwords secure and not provide this information to anyone else.
4. In-App Purchase. The agateway App allows you to apply to subscriptions and in-app purchases available for purchase from Apple and will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. Please review the mobile platform owner's terms in this regard before purchase.
The subscription is offered as auto-renewing in selected Territories as " Unlimited Access (1 Jahr) " on annual basis at the price of CHF 195.00
5. Maintenance and Support. If you need any support with respect to the agateway App, please contact us, not Apple as they are under no obligation to help with any support or maintenance questions arising out of use of the agateway App.
5. Warranty. In the event of any failure of the agateway App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the agateway App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the agateway App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
6. Product Claims. We are responsible for addressing any claims from you or any third party relating to the App or the end- user’s possession and/or use of the agateway App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the agateway App 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 agateway’s use of the HealthKit and HomeKit frameworks.
7. Intellectual Property. In the event of any third party claim that the [DN: app name] App or your possession and use of the the [DN: app name] App infringes that third party’s intellectual property rights, the [DN: app name] App, not Apple, will be solely responsible for the investigation, defence, 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. Developer Name and Address. Exelor AG, Talweg 2, 3063 Ittigen, Switzerland. Contact E-Mail: office@exelor.ch. Contact phone number: +41 31 919 19 19.
10. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the [DN: app name] App.
11. Third Party Beneficiary. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.