1. Introduction
This End User License Agreement ("EULA") is a legal agreement between you ("you" or "End User") and Kivo Apps ("Licensor", "we", "us" or "our") for the mobile software applications published by Kivo Apps, including any updates, upgrades, in-app content and related documentation (each a "Licensed Application").
By downloading, installing or using a Licensed Application, you agree to be bound by this EULA, our Terms of Service and our Privacy Policy, which are incorporated by reference. If you do not agree, do not download or use the Licensed Application.
For App Store users
Licensed Applications made available through the Apple App Store are licensed, not sold, to you. This EULA is intended to satisfy, and shall be interpreted consistently with, Apple's minimum requirements for developer end user license agreements. To the extent any matter is not addressed in this EULA, Apple's Licensed Application End User License Agreement (Standard EULA) applies. In the event of a conflict between this EULA and the Apple Media Services Terms and Conditions, the Apple terms prevail with respect to Apple's rights.
2. Acknowledgement
You and Kivo Apps acknowledge that this EULA is concluded between you and Kivo Apps only, and not with Apple Inc. or Google LLC (each a "Store Provider"). Kivo Apps, not the Store Provider, is solely responsible for the Licensed Application and its content. This EULA may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service as of the date you accept it.
3. Scope of license
Kivo Apps grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products (for apps obtained from the App Store) or Android devices (for apps obtained from Google Play) that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions or the Google Play Terms of Service, as applicable. The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where enabled.
You may not:
- Distribute, rent, lease, lend, sell, redistribute or sublicense the Licensed Application or make it available over a network where it could be used by multiple devices at the same time;
- Copy (except as expressly permitted by this license and the Usage Rules), decompile, 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 to the extent that any of the foregoing restrictions is prohibited by applicable law or by licensing terms governing open-source components included in the Licensed Application;
- Circumvent any purchase verification, subscription or content protection mechanism; or
- Use the Licensed Application for any unlawful purpose, including accessing or distributing content in violation of copyright.
The terms of this license govern any updates or supplements provided by Kivo Apps that replace or supplement the original Licensed Application, unless the update is accompanied by a separate license, in which case the terms of that license govern.
4. Auto-renewable subscriptions & in-app purchases
Certain features of the Licensed Application may be offered through auto-renewable subscriptions or one-time in-app purchases. The title, length and price of each subscription are displayed in the Licensed Application before purchase.
- Payment is charged to your Apple ID or Google Play account at confirmation of purchase.
- Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
- Your account will be charged for renewal within 24 hours before the end of the current period, at the price of the chosen plan.
- You can manage your subscriptions and turn off auto-renewal by going to your account settings in the App Store or Google Play after purchase.
- If a free trial is offered, any unused portion of the trial will be forfeited when you purchase a subscription, where applicable.
- Refunds are handled by the Store Provider in accordance with its policies.
Full subscription terms, including cancellation and refund information, are available in our Terms of Service.
5. Consent to use of data
You agree that Kivo Apps may collect and use technical data and related information — including information about your device, system and application software, and usage — that is gathered periodically to facilitate the provision of software updates, product support, purchase verification, analytics, advertising and other services related to the Licensed Application. Kivo Apps 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 such data is handled in accordance with our Privacy Policy.
6. Maintenance & support
Kivo Apps 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. You can reach our support team at help@kivoapps.com.
Kivo Apps and the End User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
7. Warranty
Kivo Apps 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 (for App Store purchases), and Apple will refund the purchase price, if any, for the Licensed Application to you. 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 the sole responsibility of Kivo Apps.
To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by it are provided "as is" and "as available", with all faults and without warranty of any kind, and Kivo Apps hereby disclaims all warranties and conditions with respect to the Licensed Application, either express, implied or statutory, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third-party rights. No oral or written information or advice given by Kivo Apps shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
8. Product claims
Kivo Apps, 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 it, including, but not limited to:
- Product liability claims;
- Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection, privacy or similar legislation, including in connection with the Licensed Application's use of the HealthKit, HomeKit or other Apple frameworks, if applicable.
This EULA does not limit Kivo Apps' liability to you beyond what is permitted by applicable law.
9. Intellectual property rights
Kivo Apps and the End User acknowledge that, in the event of any third-party claim that the Licensed Application or the End User's possession and use of it infringes that third party's intellectual property rights, Kivo Apps, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The Licensed Application, including its code, design, graphics and trademarks, is owned by Kivo Apps and its licensors and is protected by copyright, trademark and other laws. All rights not expressly granted to you are reserved.
10. 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. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.
11. Third-party terms of agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application — for example, the terms of your wireless data service provider, and the terms of any cloud storage or streaming service you choose to connect to the Licensed Application.
12. External services & materials
The Licensed Application may enable access to services and websites of Kivo Apps and/or third parties, including advertising, analytics and purchase-management providers (collectively, "External Services"). You use External Services at your sole risk. Kivo Apps is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for them. You agree not to use External Services in any manner inconsistent with this EULA or that infringes the intellectual property rights of Kivo Apps or any third party.
13. Termination
This EULA is effective until terminated by you or Kivo Apps. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and delete all copies of it. Termination does not automatically cancel an active subscription; please cancel through your App Store or Google Play account settings.
14. Limitation of liability
To the extent not prohibited by law, in no event shall Kivo Apps be liable for personal injury or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data or files, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Kivo Apps has been advised of the possibility of such damages. In no event shall Kivo Apps' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars (US $50.00).
The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you.
15. Third-party beneficiary
Kivo Apps and the End User acknowledge and agree 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 this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the End User as a third-party beneficiary thereof.
16. Developer name & contact information
Any questions, complaints or claims with respect to the Licensed Application should be directed to:
Kivo Apps
Email: help@kivoapps.com
Website: kivoapps.com
This EULA is governed by the laws described in the "Governing law & dispute resolution" section of our Terms of Service. If any provision of this EULA is held unenforceable, the remaining provisions will remain in full force and effect.