EULA

End User License Agreement (EULA) for Beoflow

Version: August 8th, 2024

This End User License Agreement (“EULA”) is a legal agreement between you (“End-User”) and Beoflow (“Company”) concerning the use of the Beoflow application (“Licensed Application”). By installing, accessing, or using the Licensed Application, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Licensed Application.

1. Acknowledgment

This EULA is concluded between you and Beoflow only, and not with Apple, Inc. Beoflow is solely responsible for the Licensed Application and its content, not Apple. The terms of this EULA must not conflict with the Apple Media Services Terms and Conditions, which you acknowledge having had the opportunity to review.

2. Scope of License

Beoflow grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Licensed Application may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.

3. Maintenance and Support

Beoflow is solely responsible for providing any maintenance and support services related to the Licensed Application. You and the End-User acknowledge that Apple has no obligation to furnish any maintenance and support services regarding the Licensed Application.

4. Warranty

Beoflow is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price of the Licensed Application to the End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation 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 Beoflow’s sole responsibility.

5. Product Claims

You and the End-User acknowledge that Beoflow, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of the Licensed Application. This includes, but is not limited to: (i) product liability claims; (ii) any claim that the Licensed Application 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 Licensed Application’s use of the HealthKit and HomeKit frameworks.

6. Intellectual Property Rights

You 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 the Licensed Application infringes that third party’s intellectual property rights, Beoflow, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7. Legal Compliance

The End-User represents and warrants that (i) they 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) they are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address

The developer of the Licensed Application is Beoflow. Any questions, complaints, or claims regarding the Licensed Application should be directed to:

Beoflow

Email:

[email protected]

Address:

Dalhuysenstraat 10-50

8448 EW, Heerenveen

The Netherlands

9. Third-Party Terms of Agreement

The End-User must comply with applicable third-party terms of agreement when using the Licensed Application, including but not limited to any wireless data service agreement when using a VoIP application.

10. Third-Party Beneficiary

You 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 the EULA against the End-User as a third-party beneficiary thereof.

General Terms

11. Limitation of Liability

Beoflow’s liability is limited to the amount you paid for the Licensed Application in the 12 months preceding the event causing the damages. In no event shall Beoflow be liable for special, incidental, direct, indirect, punitive, or consequential damages arising out of the use of or inability to use the Licensed Application.

12. Termination

Beoflow may terminate this EULA if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies of it.

13. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the Netherlands. The parties agree to submit to the exclusive jurisdiction of the courts of Leeuwarden for any dispute arising under or relating to this EULA.

Contact Information

For any questions or inquiries regarding this EULA, please contact Beoflow at [email protected].

Privacy Policy

Your use of the Licensed Application is subject to Beoflow’s Privacy Policy, available at https://beoflow.com/privacy-policy/

Copyright ©️ 2024 Beoflow