SwapTile

SwapTile App End User License Agreement

This End User License Agreement (“Agreement”) is between you and SwapTile and governs use of this app made available through the Apple App Store. By installing the SwapTile 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 SwapTile App.

 

1. Parties: This Agreement is between you and SwapTile 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. SwapTile, not Apple, is solely responsible for the SwapTile App and its content.

 

2. Privacy: SwapTile may collect and use information about your usage of the SwapTile App, including certain types of information from and about your device. SwapTile 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 SwapTile App.

 

3. Limited License: SwapTile grants you a limited, non-exclusive, non-transferable, revocable license to use theSwapTile App for your personal, non-commercial purposes. You may only use the SwapTile App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

 

4. Age Restrictions: By using the SwapTile App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the SwapTile App does not violate any applicable law or regulation. Your access to the SwapTile App may be terminated without warning if SwapTile believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the SwapTile App, you agree to be bound by this Agreement in respect to your child's use of the SwapTile App.

 

5. Warranty: SwapTile disclaims all warranties about the SwapTile App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, SwapTile, not Apple, shall be solely responsible for such warranty.

 

6. Maintenance and Support: SwapTile does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, SwapTile, not Apple, shall be obligated to furnish any such maintenance or support.

 

7. Product Claims: SwapTile, not Apple, is responsible for addressing any claims by you relating to the SwapTile App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the SwapTile App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

 

8. Third Party Intellectual Property Claims SwapTile shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the SwapTile App. To the extent SwapTile is required to provide indemnification by applicable law, SwapTile, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the SwapTile App or your use of it infringes any third party intellectual property right.