If you download the App from Apple’s App Store and / or are using the App on an Apple device the following additional terms shall apply and, to the extent that there is any inconsistency between the terms set out in this paragraph 1 and the rest of these terms, the terms set out in this paragraph 1 shall prevail:
Acknowledgement. You and we acknowledge that this contract is concluded between us, and not with Apple, and we, not Apple, are solely responsible for the App and the content thereof. These terms and conditions do not provide for usage rules for licensed applications that are in conflict with the Apple Media Services Terms and Conditions.
Scope of Licence. The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts which you hold, for example via Family Sharing or volume purchasing.
Maintenance and Support. We are solely responsible for providing any maintenance and support services with respect to the App, as specified in these terms and conditions, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. We are 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 App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Product Claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party 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, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.
Intellectual Property Rights. You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
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.
Developer Name and Address. [insert details] is a company registered in [insert details] with company number [insert details]. Our registered address is [insert details] and any questions, complaints or claims with respect to these terms and conditions may be directed to that address, via email to [insert details].
Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App, and you must not be in violation of your wireless data service agreement when using the App.
Third Party Beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.
If you download the App from Google Play, the ways in which you can use the App may also be controlled by Google Play’s rules and policies, including Google Play’s Terms of Service. Google is not a party to this agreement and has no responsibility or liability under it.