d • watch widget – Terms and Conditions
Please read the following terms and conditions carefully before you use services from Aversys Mobile. Your use of the products by Aversys Mobile will be subject to these terms and by using the products of Aversys Mobile you agree to be bound by them.
Aversys Mobile (“Aversys Mobile”, “We”, “Us,” “Our”) develops d • watch widget mobile app (“Our Products”). Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (“Apple”).
Acceptance of Terms and Conditions
By using Our Products and Services you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Aversys Mobile reserves the right to amend these Terms and Conditions at any time without prior notice. The up-to-date version of these Terms and Conditions will be available on the official website of Aversys Mobile and any changes will come into effect immediately upon posting. By continuing to use our products you agree to amended Terms and Conditions.
The texts, graphics, designs, logos, button icons, images, data compilations and information (“Content”) contained in Our Products and Services are Intellectual Property of Aversys Mobile (or belongs to it) and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of Aversys Mobile No trademarks may be used without prior written consent of Aversys Mobile except to identify the products or services associated therewith. Our Products and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Aversys Mobile or its licensors.
Legality of Use
By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.
d • watch widget offers Premium feature subscriptions that grant you access to additional features. Subscriptions will be charged to your credit card through your iTunes account. Your subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, at the cost of the chosen plan. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription. Subscription may be manage and turned off by going to the user’s Account Settings after purchase.
You can choose to pay monthly or yearly, the price of the premium feature can be viewed in the Premium subscription screen in the app.
Representations and Warranties, Limitation of Liability
APP AND ITS CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. THE USE OF AND RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT MADE AVAILABLE.
• IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY CONTENT ON THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
• Aversys Mobile and you acknowledge that Apple is not responsible for addressing any of your claims, or any third party claims, 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 or similar legislation. Aversys Mobile, not Apple, shall be responsible for addressing such claims.
• Relationship of the Parties. This EULA does not create any agency, joint venture, partnership, employer-employee relationship. End users and Aversys Mobile are independent contracting parties.
• Assignment. You may not assign your rights and obligations under this EULA without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the EULA, at our sole discretion, without obtaining your consent.
• Third Party Beneficiary. You and Aversys Mobile acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, 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 the EULA against you as a third party beneficiary thereof.
• Severability. Should any part of this EULA be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of this EULA should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
• Waiver. Enforcement of this EULA is solely in our discretion, and failure to enforce the EULA in some instances does not constitute a waiver of our right to enforce them in other instances.
• Linking. You may link to our App in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
• Governing Law and Jurisdiction. The App is governed by, and construed in accordance with, the laws of Singapore, with the exclusion of its principles of conflicts of laws which would permit the application of laws of another jurisdiction. Any litigation, dispute or claim arising from or related to the use of the App shall be subject to the jurisdiction of the courts of Singapore and you hereby accept to submit to the exclusive jurisdiction of those courts.
• Updates. We update this EULA every once in a while as we deem appropriate, without notifying you. The date of last update is indicated at the top of this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the App following the posting of revised EULA constitutes your acceptance of the changes
• Contact Us. All feedback, comments, requests for technical support and other communications relating to the App should be directed to email@example.com.