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Licensed Application End User License Agreement (EULA)
Effective 15 May 2021

This license is granted to You (End-User) by Pawfect Balance Pty Ltd (Licensor) for the Pawfect Balance App (Licensed Application).

The Licensed Application as made available through the App Store is licensed, not sold, to you. Your license to the Pawfect Balance App is subject to your prior acceptance of this Licensed Application End User License Agreement.

Do not use the Licensed Application if you do not accept this EULA. If you use the Licensed Application, you affirmatively accept this EULA. This EULA governs your use of Pawfect Balance App

 

  1. Acknowledgement
  1. You acknowledge that this end User License Agreement (EULA) is between You and Pawfect Balance Pty Ltd and no other parties including Apple. Pawfect Balance Pty Ltd is solely responsible for the licensed application and the content thereof.
  2. You acknowledge that you have had opportunity to review the Apple Media Services Terms and Conditions and accept that where any usage rules in this EULA are in conflict the Apple Media Services Terms and Conditions shall apply.
  1. Legal Compliance
  1. 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.
  1. Scope of License
  1. The Licensor grants the End-User a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be permitted to be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
  2. Your License to use the Licensed Application is revocable, non-exclusive, and non-transferable license for personal use only. You may not download, reverse engineer, decompile, disassemble, or modify it, or any portion of it, except with express written consent of The Licensor.
  3. The Licensed Application may not be copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of The Licensor. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Licensed Application without prior written consent of The Licensor.
  1. Maintenance and Support
  1. The Licensor 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.
  2. The End-User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
  1. Warranty
  1. The Licensor 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, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User.
  2. The End-User acknowledges that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Licensor.
  1. Product Claims
  1. The End-User acknowledges that the Licensor, not Apple is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to:
  1. product liability claims;
  2. any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection, privacy, or similar legislation, including in connection with use of the HealthKit and HomeKit frameworks by the Licensed Application.
  1. Intellectual Property Rights
  1. The End-User acknowledges that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, The Licensor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  1. Third Party Terms of Agreement
  1. You acknowledge that when using the Licensed Application you will be consuming data and in doing so you must not must not be in violation of Your data service agreement when using the Licensed Application.
  1. Third Party Beneficiary
  1. The End-User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon the End-User’s 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 the EULA against the End-User as a third party beneficiary thereof.
  1. Acceptable Use
  1. You agree to use the Licensed Application only for purposes that are permitted by (i) these Terms of Use and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Licensed Application.
  2. The Licensed Application, and all content included on or within it, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content, is the property of us, our licensors or content suppliers and is protected by copyright and other intellectual property laws. Reproduction or redistribution of such content except as expressly permitted by this EULA is prohibited.
  3. Your unauthorized use of the Licensed Application will immediately terminate the limited license granted by Pawfect Balance Pty Ltd.
  1. Terms of Service
  1. By using the Licensed Application, you are consenting to our processing of data as set forth in our Privacy Policy (https://pawfectbalance.com.au/privacy.html).
  2. You agree that Pawfect Balance Pty Ltd is not responsible or liable for any content accessed from the Licensed Application or third-party websites. You agree that you are solely responsible for your use of the Licensed Application.
  3. You acknowledge that the Licensed Application may communicate with our servers from time to time to check for updates, such as nutritional data, bug fixes, patches, enhanced functions and new versions. By installing the Licensed Application, you agree to such automatically requested and received updates.
  4. You agree that we may stop (permanently or temporarily) providing the Licensed Application (or any features contained within) to you or to users generally at our sole discretion, without prior notice to you. You agree that if we disable access to the App, you may be prevented from accessing the Licensed Application or certain features within it.
  1. No Warranties and Limitation of Liability
  1. Pawfect Balance Pty Ltd does not warrant that the App, its functions, or content will be uninterrupted or error-free, or that defects will be corrected. The Licensed Application is provided on an ‘as is’ basis. You agree that your use of the Licensed Application is at your sole risk.
  2. Pawfect Balance Pty Ltd will not be liable to you for any damages of any kind arising from your use or inability to use the App. Our liability for monetary damages for any claims that you may have against us is limited to the amount you actually paid for the Licensed Application.
  3. Applicable Law and Dispute Resolution
  4. By using the Licensed Application, you agree that the laws of South Australia, Australia will exclusively govern the construction of our agreement and any dispute of any sort that might arise between you and Pawfect Balance Pty Ltd.
  1. In the event a dispute arises between you and Pawfect Balance Pty Ltd, we will use reasonable endeavours to resolve such dispute amicably. If we cannot agree on a resolution, you agree that the dispute will be resolved through the courts of South Australia, Australia.
  2. Any claim arising out of or in connection with your use of or inability to use the Licensed Application must be brought within one (1) year after the event or such claim is barred.
  1. Changes
  1. These Terms of Use may be updated from time to time. We will notify you of any changes to the EULA by posting the new EULA here: https://pawfectbalance.com.au/EULA.html. You are advised to consult this EULA regularly for any changes.
  1. Details of Licensor
  1. Pawfect Balance is licensed to you under the terms of this EULA by Pawfect Balance Pty Ltd ABN2147483647 of 79 Oval Ave. Woodville South SA 5011 Australia. Phone +61 8127 2200. All questions, complaints or claims with respect to the Licensed application should be directed to enquiries to Pawfect Balance Pty Ltd via email to eula@pawfectbalance.com.au

 

 

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