This End User License Agreement (the “EULA”) governs your use of the Vitababy mobile application licensed to you for use only under the terms of this agreement. Vitababy (“we”, “us”, “our”) reserves all rights not expressly granted to you. The application licensed to you under this EULA is referred to as the “Licensed Application”.
For applications obtained through the Apple App Store, this EULA is a legal agreement between you and Vitababy as the Application Provider. The terms below are the standard Apple Licensed Application End User License Agreement that applies to the Vitababy iOS app. This EULA supplements (and does not replace) our Terms of Service and Privacy Policy.
1. Acknowledgement
You and Vitababy acknowledge that this EULA is concluded between you and Vitababy only, and not with Apple, and that Vitababy, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions. Vitababy acknowledges that it had the opportunity to review said terms and this EULA is not in conflict with them.
2. Scope of Licence
This licence granted to you for the Licensed Application by Vitababy is limited to a non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
This licence does not allow you to use the Licensed Application on any Apple-branded product that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicence the Licensed Application and, if you sell your Apple device to a third party, you must remove the Licensed Application from the Apple device before doing so. You may not copy (except as expressly permitted by this licence and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
3. Maintenance and Support
Vitababy is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. Vitababy and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Use of Data
You acknowledge that Vitababy may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Vitababy may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you, all subject to our Privacy Policy.
5. User Generated Content
You agree to use the Licensed Application in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Licensed Application. Features of the Licensed Application may allow you to upload, post, transmit or otherwise make available content (including text, photos, food data, family profiles, and meal information). You retain all rights in, and are solely responsible for, such content. By making content available through the Licensed Application, you grant Vitababy a limited, non-exclusive licence to use that content solely as necessary to provide the Services to you.
You may not upload, post, transmit or otherwise make available any objectionable content, including content that is unlawful, defamatory, harassing, threatening, abusive, or otherwise objectionable. Vitababy reserves the right to remove any such content and to terminate accounts of users who upload it. There is zero tolerance for objectionable content or abusive users.
6. 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.
7. Warranty
Vitababy 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 Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vitababy's sole responsibility.
8. Product Claims
Vitababy and you acknowledge that Vitababy, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your 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 the Licensed Application's use of the HealthKit and HomeKit frameworks (if applicable). This EULA does not limit Vitababy's liability to you beyond what is permitted by applicable law.
9. Intellectual Property Rights
Vitababy and you acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party's intellectual property rights, Vitababy, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
10. Legal Compliance (Export)
You must comply with applicable third-party terms of agreement when using the Licensed Application, e.g., your wireless data service agreement.
11. Developer Name and Address
If you have any questions, complaints or claims with respect to the Licensed Application, they can be directed to Vitababy at:
- Support email: kinson@vitaledger.info
- Privacy email: amanda@vitaledger.info
12. Third Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application, including any terms imposed by your wireless data carrier, payment processor, or other integrated service. Vitababy is not responsible for the performance, content, or privacy practices of those third parties.
13. Third Party Beneficiary
Vitababy and you 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.
14. Contact us
For any questions about this EULA, please contact us at kinson@vitaledger.info.