1. Parties and acceptance
This End User Licence Agreement (“EULA”) is between you and KAVRO LTD (“Licensor”), and governs your use of any application published by KAVRO LTD (the “App”). By downloading, installing or using the App you accept this EULA together with our Terms of Service and Privacy Policy. If there is a conflict between this EULA and the Terms of Service regarding the App, this EULA prevails.
2. Licence grant
KAVRO LTD grants you a non-transferable, non-exclusive, revocable licence to install and use the App on devices that you own or control, for personal, non-commercial use, as permitted by the usage rules of the app store from which you obtained it (the “Usage Rules”). For the Apple App Store, the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where enabled.
3. Restrictions
You may not: (a) rent, lease, lend, sell, redistribute or sublicense the App; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, except as permitted by applicable law; (c) remove or alter any proprietary notices; (d) use the App to violate any law; or (e) circumvent any technical protection or in-app purchase mechanism.
4. Ownership
The App is licensed, not sold. KAVRO LTD and its licensors retain all right, title and interest in the App, including all intellectual property rights.
5. Updates and consent to data use
We may provide updates, patches or new versions, which may be downloaded automatically depending on your device settings. Some updates may be required to continue using the App. You agree that we may collect and use technical data and related information as described in our Privacy Policy to provide updates, support and other services related to the App.
6. Maintenance and support
KAVRO LTD is solely responsible for providing maintenance and support for the App, as described at kavro.fit/support. Apple and Google have no obligation to furnish any maintenance or support services with respect to the App.
7. Warranty
To the extent not effectively disclaimed under section 8 of the Terms of Service, KAVRO LTD is solely responsible for any product warranties, whether express or implied by law. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by 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 KAVRO LTD's sole responsibility. Your statutory consumer rights are not affected.
8. Product claims
KAVRO LTD, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it, including: (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.
9. Intellectual property claims
In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, KAVRO LTD, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
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 also agree to comply with all applicable UK and international sanctions and export laws.
11. Third-party terms
You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
12. Third-party beneficiary
You and KAVRO LTD acknowledge and agree that Apple Inc. and its subsidiaries (and, where you obtained the App from Google Play, Google LLC) are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
13. Acknowledgement
You and KAVRO LTD acknowledge that this EULA is concluded between you and KAVRO LTD only, and not with Apple or Google, and that KAVRO LTD, not Apple or Google, is solely responsible for the App and its content. Where the App is obtained from the Apple App Store and Apple's Standard Licensed Application End User License Agreement would provide you greater rights on any matter, those terms also apply.
14. Termination
This EULA is effective until terminated by you or KAVRO LTD. Your rights under it terminate automatically if you fail to comply with any of its terms. On termination you must stop using the App and delete all copies of it.
15. Governing law
This EULA is governed by the laws of England and Wales, subject to any mandatory consumer protection laws of your country of residence, as further described in section 19 of our Terms of Service.
16. Contact
Questions, complaints or claims regarding the App: KAVRO LTD, [email protected].