Phosphorus App End User License Agreement
This End User License Agreement (this “Agreement”) is between you and Phosphorus Cybersecurity Inc. (variously referred to as “we,” “us,” “our” or “Company”) and governs use of this downloadable software application (the “Phosphorus App”) made available through the Apple App Store. By installing the Phosphorus 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 Phosphorus App.
In order to ensure Phosphorus App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.
This Agreement is between you and Phosphorus App 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. Phosphorus App, not Apple, is solely responsible for the Phosphorus App and its content..
Phosphorus App may collect and use information about your usage of the Phosphorus App, including certain types of information from and about your device. We 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 Phosphorus App.
3. Limited License
The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Phosphorus App for the purposes contemplated by the Phosphorus App itself, and only on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions
By using the Phosphorus 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 Phosphorus App does not violate any applicable law or regulation. Your access to the Phosphorus App may be terminated without warning if we believe, in our 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 Phosphorus App, you agree to be bound by this Agreement in respect to your child's use of the Phosphorus App.
5. Objectionable Content Policy
Objectionable content (“Objectionable Content,” as further described and defined below) may not be submitted to the Company, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
We hereby disclaim all warranties, either express or implied, and written or otherwise, as such relate to the Phosphorus App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, the Company, and not Apple, shall be solely responsible for such warranty. The Phosphorus App is offered to you on an as-is, where is” basis, without any other representation or warranty, express or implied.
THE COMPANY MAKES NO REPRESENTATIONS AND GRANT NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
7. Maintenance and Support
The Company does provide minimal maintenance or support for the Phosphorus App but not to the extent that any maintenance or support is required by applicable law. The Company, and not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims
The Company, and not Apple, is responsible for addressing any claims by you relating to the Phosphorus App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Phosphorus 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.
THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY RELATED THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
9. Third Party Intellectual Property Claims
The Company shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Phosphorus App. To the extent the Company is required to provide indemnification by applicable law, we, and not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Phosphorus App or your use of it infringes any third party intellectual property right.