GEMMACERT MOBILE APPLICATION END-USER LICENSE (EULA)_APPLE
Last Updated: 11.11.2019
Please read this Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the GEMMACERT Ltd.’s mobile application (“Mobile App”). IT REQUIRES THE USE OF MANDATORY BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. This EULA governs your use of the Mobile App, which will allow you to access the Subscription Service directly from your mobile device. Your use of the Mobile App indicates you have read and consent to this EULA.
1. Parties. This EULA governs the relationship between GEMMACERT Ltd. (“GemmaCert”) and you, the end-user, and not Apple or any other third-party. GemmaCert is solely responsible for this Licensed Application and the content thereof.
4. Changes to this EULA. GemmaCert reserves the right to modify this EULA. GemmaCert will post the most current version of this EULA at https://gemmacert.com/. If GemmaCert makes material changes to this EULA, we will notify you by email or via the Mobile App. Your continued use of the Mobile App after GemmaCert publishes notice of changes to this EULA indicates your consent to the updated terms.
5. No Included Maintenance and Support. GemmaCert may deploy changes, updates, or enhancements to the Mobile App at any time. GemmaCert may provide maintenance and support for the Mobile App but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You consent to any changes to your Mobile App. You acknowledge that Apple has no obligation to furnish any maintenance and/or support services in connection with the Mobile App. You consent to any changes to your Mobile App.
6. Acceptable Use. You agree that you will not use or encourage others to use the Mobile App in a way that could harm or impair others’ use of the Mobile App. Your use of the Subscription Service and the Mobile App is governed by the Acceptable Use Policy (a current version of T/C
which can be found at https://gemmacert.com/legal/)
8. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, and/or opting-in through notification settings, you authorize GemmaCert to send you (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding GemmaCert’s products and services. You can review your account settings to adjust your messaging preferences or unsubscribe to some messaging by following instructions provided by GemmaCert.
9. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GEMMACERT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. If the law in your jurisdiction does not allow this disclaimer of all warranties, in the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price for the Mobile App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GemmaCert’s sole responsibility.
10. Product Claims. GemmaCert, not Apple, is solely responsible for addressing any claims of your or any third party relating to the Mobile App or your possession and/or use of that application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
11. No Liability for Damages. In no event shall GemmaCert be liable for any special, consequential, exemplary, punitive, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Mobile App, even if GemmaCert is aware of the possibility of such damages and known defects. In no event shall GemmaCert total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. Suspension and Termination of the Mobile App. GemmaCert reserves the right to suspend or terminate your access to the Mobile App at any time based on the status of your account under the Subscription Agreement, or violation of this EULA. You understand that if your account is suspended or terminated, you may no longer have access to content that is stored within the Subscription Service.
13. Intellectual Property Rights. GemmaCert retains all rights, title and interest in and to this Mobile App, the services and products it provides, the technology and software used to provide them, and all intellectual property and proprietary rights therein. In the event of a third-party claim concerning these intellectual property rights, GemmaCert, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
14. Legal Compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. Mandatory Bilateral Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE BREACH THEREOF, EXCEPT AS OTHERWISE PROVIDED, SHALL BE SETTLED BY AMICABLE MEANS BETWEEN GEMMACERT LTD. AND THE END-USER.
This EULA shall be governed by and construed in accordance with the laws of the State of Israel without consideration of conflict of laws.
Any intellectual property claims by GemmaCert concerning its Products or Services shall not be considered as arising from these Terms for the purpose of arbitration. The parties agree the venue and jurisdiction for any intellectual property dispute shall be the Courts of Tel Aviv.
16. Third Party Beneficiaries. Upon your acceptance of this EULA, Apple will have the right to enforce this EULA against you as a third-party beneficiary thereof.
18. Contact Information. If you have any questions regarding this EULA, please contact GemmaCert by email at firstname.lastname@example.org