End User Licence Agreement
Last Updated: 30 July 2020
DOOD INC. ("DOOD") LICENCES THIS APP (THE “APP”) TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENCE AGREEMENT (THIS “AGREEMENT”) AND ITS TERMS OF SERVICE WHICH ARE ACCESSIBLE THROUGH WWW.GETDOOD.APP/TERMS OR THIS APP. TO THE EXTENT OF ANY CONSISTENCY BETWEEN THIS AGREEMENT AND THE TERMS, THE TERMS SHALL PREVAIL. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE WITH THEM OR DO NOT WANT THEM BINDING ON YOU, YOU MUST NOT USE THE APP.
Acknowledgement. This Agreement is between you and Dood 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. Dood, not
Apple, is solely responsible for the Dood App and its content.
Objectionable Content Policy. Dood does not tolerate Objectionable Content or abusive users. You shall not submit Objectionable Content to Dood. “Objectionable Content” includes, but is not limited to, content that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable in Dood’s sole discretion.
Grant and Scope of Licence. Dood hereby grants you a limited, non-sublicensable, non-exclusive, non-transferable right to use the App on any Apple-branded products that you own or control as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and Support. Dood is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or the Terms or as required under applicable law. The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. Dood disclaims all warranties about the Dood App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Dood, not Apple, shall be solely responsible for such warranty. 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 the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Product Claims. Subject to any disclaimers and/or limitation of liability in the Terms and applicable law, Dood, not Apple, is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Intellectual Property Rights. Dood shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the App. To the extent Dood, notwithstanding the Terms and this Agreement, that Dood is required to provide indemnification by applicable law, Dood, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Dood App or your use of it infringes any third party intellectual property right.
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.
Governing Law. This Agreement is governed and will be construed in accordance with the laws applicable and in force in the Province of Ontario, Canada.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you have any questions, complaints or claims about this Agreement or the App, you can contact us at firstname.lastname@example.org.