LEGAL

End User License Agreement

Last Updated: [DATE]

This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and JSNK (“Licensor,” “we,” “us,” or “our”) for the use of the Tovaire mobile application (the “Licensed Application”).

By downloading, installing, or using the Licensed Application, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the Licensed Application.

1. Acknowledgment

This Agreement is between you and JSNK only, and not with Apple Inc. (“Apple”). JSNK, not Apple, is solely responsible for the Licensed Application and its content.

2. Scope of License

JSNK grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

You may not:

  • Distribute, publish, or make the Licensed Application available over a network where it could be used by multiple devices simultaneously, except as permitted by Apple's Usage Rules.
  • Rent, lease, lend, sell, redistribute, or sublicense the Licensed Application.
  • Copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Licensed Application.
  • Modify, adapt, or create derivative works of the Licensed Application.

3. Consent to Use of Data

You agree that JSNK may collect and use technical data and related information — including but not limited to technical information about your device, system software, and usage patterns — to facilitate software updates, product support, and other services related to the Licensed Application. We use this information in accordance with our Privacy Policy, available at https://tovaire.com/privacy.

4. Subscription Services

The Licensed Application offers auto-renewing subscription plans. By purchasing a subscription:

  • You authorize Apple to charge your Apple ID account on a recurring basis.
  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
  • You can manage and cancel subscriptions in your Apple ID Account Settings.
  • Full subscription terms are described in our Terms of Service at https://tovaire.com/terms.

5. Termination

This license is effective until terminated by you or JSNK. Your rights under this license will terminate automatically without notice if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Licensed Application and delete all copies from your devices.

6. External Services

The Licensed Application may display links to third-party retailer websites. JSNK is not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

You agree not to use the Licensed Application in any manner that could damage, disable, overburden, or impair any third-party services, or interfere with any other party's use and enjoyment of such services.

7. NO WARRANTY

THE LICENSED APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

JSNK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION WILL BE CORRECTED.

PRODUCT PRICING AND AVAILABILITY INFORMATION DISPLAYED IN THE LICENSED APPLICATION IS SOURCED FROM THIRD-PARTY WEBSITES AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT GUARANTEE ITS ACCURACY.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JSNK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF JSNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL JSNK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

9. Maintenance and Support

JSNK is solely responsible for providing maintenance and support services for the Licensed Application, as specified in this Agreement or as required under applicable law. Apple has no obligation to furnish any maintenance or support services for the Licensed Application.

For support, contact us at support@tovaire.com.

10. Product Claims

JSNK, not Apple, is responsible for addressing any user or third-party claims relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to:

  • Product liability claims.
  • Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement.
  • Claims arising under consumer protection, privacy, or similar legislation.

11. Intellectual Property

In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, JSNK, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

12. Legal Compliance

You represent and warrant that:

  • You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country.
  • You are not listed on any US Government list of prohibited or restricted parties.

13. Third-Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

14. Contact Information

For questions or concerns about this Agreement, or to report issues with the Licensed Application, contact:

JSNK
Email: support@tovaire.com
Website: https://tovaire.com