Last updated March 24, 2023

END USER LICENSE AGREEMENT

SweatNotes is licensed to You (End-User) by the Licensor for use only under the terms of this License Agreement. By downloading SweatNotes 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 SweatNotes, such as warranty, liability, maintenance, and support thereof. The Licensor, not Apple, is solely responsible for SweatNotes and the content thereof.

This License Agreement may not provide for usage rules for SweatNotes that are in conflict with the latest App Store Terms of Service. The Licensor 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.

1. THE APPLICATION

SweatNotes (hereinafter: Application) is a piece of software created to facilitate doing workouts from home using a mobile app.

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use SweatNotes 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 SweatNotes provided by the 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 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 SweatNotes, or any part thereof (except with the Licensor's prior written consent).

2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter SweatNotes 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.

2.5 The Licensor reserves the right to modify the terms and conditions of licensing.

2.6 Nothing in this license should be interpreted to restrict third-party terms. When using SweatNotes, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The 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 SweatNotes. You can reach the Licensor at the email address listed in the App Store Overview for SweatNotes.

4.2 The Licensor and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to SweatNotes.

5. USE OF DATA

You acknowledge that the Licensor will be able to access and adjust Your downloaded SweatNotes content and Your personal information, and that the Licensor's use of such material and information is subject to Your legal agreements with the Licensor and the Licensor's privacy policy: https://sweatnotes.com/privacy-policy

6. LIABILITY

6.1 The 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 SweatNotes to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of SweatNotes, You will not have access to the licensed Application.

7. WARRANTY

7.1 The Licensor warrants that SweatNotes is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. The Licensor warrants that SweatNotes works as described in the user documentation.

7.2 No warranty is provided for SweatNotes 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 the Licensor's sphere of influence that affect the executability of SweatNotes.

7.3 You are required to inspect SweatNotes immediately after installing it and notify the Licensor about 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 14 days after discovery.

7.4 If the Licensor confirms that SweatNotes is defective, the Licensor reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

7.5 In the event of any failure of SweatNotes 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 SweatNotes, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after SweatNotes was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

8. PRODUCT CLAIMS

The Licensor and the End-User acknowledge that the Licensor, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to SweatNotes or the End-User's possession and/or use of SweatNotes, including, but not limited to:

(i) product liability claims;

(ii) any claim that SweatNotes 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.

9. 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.

10. CONTACT INFORMATION

For general inquiries, complaints, questions, or claims concerning SweatNotes, please contact:

The Licensor: sweatnotes1@gmail.com

11. TERMINATION

The license is valid until terminated by the Licensor or by You. Your rights under this license will terminate automatically and without notice from the Licensor if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of SweatNotes, and destroy all copies, full or partial, of SweatNotes.

12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

The Licensor represents and warrants that it will comply with applicable third-party terms of agreement when using SweatNotes.

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.

13. INTELLECTUAL PROPERTY RIGHTS

The Licensor and the End-User acknowledge that, in the event of any third-party claim that SweatNotes or the End-User's possession and use of SweatNotes infringes on the third party's intellectual property rights, the Licensor, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

14. APPLICABLE LAW

This license agreement is governed by the laws of the State of New Jersey excluding its conflicts of law rules.

15. MISCELLANEOUS

15.1 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.

15.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.