TERMS OF USE
Last updated September 18, 2021
Instint is licensed to You (End-User) by Instint,
located at Koningin Julianaweg 15, 8375 AA Oldemarkt, Netherlands (hereinafter: Licensor), for use only
under the terms of this License Agreement.
By downloading the
Application from the Apple AppStore, and any update thereto (as permitted by
this License Agreement), You indicate that You agree to be bound by all of the
terms and conditions of this License Agreement, and that You accept this
License Agreement.
The parties of this
License Agreement acknowledge that Apple is not a Party to this License
Agreement and is not bound by any provisions or obligations with regard to the
Application, such as warranty, liability, maintenance and support thereof. Instint,
not Apple, is solely responsible for the licensed Application and the content
thereof.
This License Agreement
may not provide for usage rules for the Application that are in conflict with
the latest App Store Terms of Service. Instint acknowledges
that it had the opportunity to review said terms and this License Agreement is
not conflicting with them.
All rights not
expressly granted to You are reserved.
Instint (hereinafter:
Application) is a piece of software created to provide chore and rewards
management for families with children - and customized for Apple mobile
devices. It is used to create chores and reward assignees upon successful
completion.
The Application is not
tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use this Application. You may not use the Application in
a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 You are
given a non-transferable, non-exclusive, non-sublicensable license to install
and use the Licensed Application on any Apple-branded Products that You
(End-User) own or control and as permitted by the Usage Rules set forth in this
section and the App Store Terms of Service, with the exception that such
licensed Application may be accessed and used by other accounts associated with
You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license
will also govern any updates of the Application provided by Licensor that
replace, repair, and/or supplement the first Application, unless a separate
license is provided for such update in which case the terms of that new license
will govern.
2.3 You may not
share or make the Application available to third parties (unless to the degree
allowed by the Apple Terms and Conditions, and with Instint's prior
written consent), sell, rent, lend, lease or otherwise redistribute the
Application.
2.4 You may not
reverse engineer, translate, disassemble, integrate, decompile, integrate,
remove, modify, combine, create derivative works or updates of, adapt, or
attempt to derive the source code of the Application, or any part thereof
(except with Instint's prior written consent).
2.5 You may not
copy (excluding when expressly authorized by this license and the Usage Rules)
or alter the Application or portions thereof. You may create and store copies
only on devices that You own or control for backup keeping under the terms of
this license, the App Store Terms of Service, and any other terms and
conditions that apply to the device or software used. You may not remove any
intellectual property notices. You acknowledge that no unauthorized third parties
may gain access to these copies at any time.
2.6 Violations
of the obligations mentioned above, as well as the attempt of such
infringement, may be subject to prosecution and damages.
2.7 Licensor
reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in
this license should be interpreted to restrict third-party terms. When using
the Application, You must ensure that You comply with applicable third-party
terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor
attempts to keep the Application updated so that it complies with modified/new
versions of the firmware and new hardware. You are not granted rights to claim
such an update.
3.2 You
acknowledge that it is Your responsibility to confirm and determine that the
app end-user device on which You intend to use the Application satisfies the
technical specifications mentioned above.
3.3 Licensor
reserves the right to modify the technical specifications as it sees
appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor
is solely responsible for providing any maintenance and support services for
this licensed Application. You can reach the Licensor at the email address
listed in the App Store Overview for this licensed Application.
4.2 Instint and
the End-User acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that
Licensor will be able to access and adjust Your downloaded licensed Application
content and Your personal information, and that Licensor's use of such material
and information is subject to Your legal agreements with Licensor and Licensor's
privacy policy: https://www.instint.app/policy.html.
6. USER GENERATED CONTRIBUTIONS
The Application does
not offer users to submit or post content. We may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or in the Application, including but not
limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Application and through third-party websites or applications. As such, any
Contributions you transmit may be treated in accordance with the Application
Privacy Policy. When you create or make available any Contributions, you
thereby represent and warrant that:
1. The creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator
and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Application, and other users of the
Application to use your Contributions in any manner contemplated by the
Application and these Terms of Use.
3. You have the
written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each and
every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Application and these Terms of
Use.
4. Your Contributions
are not false, inaccurate, or misleading.
5. Your Contributions
are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions
are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions
do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions
are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of
people.
9. Your Contributions
do not violate any applicable law, regulation, or rule.
10. Your Contributions
do not violate the privacy or publicity rights of any third party.
11. Your Contributions
do not contain any material that solicits personal information from anyone
under the age of 18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your Contributions
do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
13. Your Contributions
do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
14. Your Contributions
do not otherwise violate, or link to material that violates, any provision of
these Terms of Use, or any applicable law or regulation.
Any use of the
Application in violation of the foregoing violates these Terms of Use and may
result in, among other things, termination or suspension of your rights to use
the Application.
7. CONTRIBUTION LICENSE
You agree that we may
access, store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting
suggestions of other feedback regarding the Application, you agree that we can
use and share such feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the
Application. You are solely responsible for your Contributions to the
Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
8. LIABILITY
8.1 Licensor
takes no accountability or responsibility for any damages caused due to a breach
of duties according to Section 2 of this Agreement. To avoid data loss, You are
required to make use of backup functions of the Application to the extent
allowed by applicable third-party terms and conditions of use. You are aware
that in case of alterations or manipulations of the Application, You will not
have access to licensed Application.
9. WARRANTY
9.1 Licensor
warrants that the Application is free of spyware, trojan horses, viruses, or
any other malware at the time of Your download. Licensor warrants that the
Application works as described in the user documentation.
9.2 No warranty
is provided for the Application that is not executable on the device, that has
been unauthorizedly modified, handled inappropriately or culpably, combined or installed
with inappropriate hardware or software, used with inappropriate accessories,
regardless if by Yourself or by third parties, or if there are any other
reasons outside of Instint's sphere of influence that affect the
executability of the Application.
9.3 You are
required to inspect the Application immediately after installing it and notify Instintabout
issues discovered without delay by e-mail provided in Product Claims. The defect report will be
taken into consideration and further investigated if it has been mailed within
a period of ninety (90) days after discovery.
9.4 If we
confirm that the Application is defective, Instint reserves a choice
to remedy the situation either by means of solving the defect or substitute
delivery.
9.5 In the event of any failure of the Application
to conform to any applicable warranty, You may notify the App-Store-Operator,
and Your Application purchase price will be refunded to You. To the maximum
extent permitted by applicable law, the App-Store-Operator will have no other
warranty obligation whatsoever with respect to the App, and any other losses,
claims, damages, liabilities, expenses and costs attributable to any negligence
to adhere to any warranty.
9.6 If the user is an entrepreneur,
any claim based on faults expires after a statutory period of limitation
amounting to twelve (12) months after the Application was made available to the
user. The statutory periods of limitation given by law apply for users who are
consumers.
Instint and the
End-User acknowledge that Instint,
and 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 that licensed Application, including, but 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 Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and
warrant that 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 that You are not listed on any
U.S. Government list of prohibited or restricted parties.
12. CONTACT
INFORMATION
For general inquiries,
complaints, questions or claims concerning the licensed Application, please
contact:
Saurabh Garg
Koningin Julianaweg 15
8375 AA Oldemarkt
Netherlands
hello@instint.app
13. TERMINATION
The license is valid
until terminated by Instint or by You. Your rights under this license
will terminate automatically and without notice from Instint if You
fail to adhere to any term(s) of this license. Upon License termination, You
shall stop all use of the Application, and destroy all copies, full or partial,
of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Instint represents
and warrants that Instint will comply with applicable third-party
terms of agreement when using licensed Application.
In Accordance with
Section 9 of the "Instructions for Minimum Terms of Developer's End-User
License Agreement," Apple and Apple's subsidiaries shall be third-party
beneficiaries of this End User License Agreement and - upon Your acceptance of
the terms and conditions of this license agreement, Apple will have the right
(and will be deemed to have accepted the right) to enforce this End User
License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Instint 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 that licensed
Application infringes on the third party's intellectual property rights, Instint,
and not Apple, will be solely responsible for the investigation, defense,
settlement and discharge or any such intellectual property infringement claims.
This license agreement
is governed by the laws of the Netherlands excluding its
conflicts of law rules.
17.1 If any of the terms of this agreement should
be or become invalid, the validity of the remaining provisions shall not be
affected. Invalid terms will be replaced by valid ones formulated in a way that
will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments
are only valid if laid down in writing. The preceding clause can only be waived
in writing.