This End User License Agreement (“Agreement”) is between you and HospiChill and governs use of this app made available through the Apple App Store. By installing the HospiChill App, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the HospiChill App.
This Agreement is between you and HospiChill 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. HospiChill, not Apple, is solely responsible for the HospiChill App and its content.
HospiChill may collect and use information about your usage of the HospiChill App, including certain types of information from and about your device. HospiChill 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 HospiChill App.
3. Limited License
HospiChill grants you a limited, non-exclusive, non-transferable, revocable license to use theHospiChill App for your personal, non-commercial purposes. You may only use theHospiChill App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
HospiChill disclaims all warranties about the HospiChill App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, HospiChill, not Apple, shall be solely responsible for such warranty.
5. Maintenance and Support
HospiChill does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, HospiChill, not Apple, shall be obligated to furnish any such maintenance or support.
6. Product Claims
HospiChill, not Apple, is responsible for addressing any claims by you relating to the HospiChill App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the HospiChill 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.
7. Third Party Intellectual Property Claims
HospiChill shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the HospiChill App. To the extent HospiChill is required to provide indemnification by applicable law, HospiChill, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the HospiChill App or your use of it infringes any third party intellectual property right.