Terms Of Service
END USER LICENSE AGREEMENT
Last updated April 07, 2022
“PippopChat”
is licensed to You (End-User) by Pippop Technologies Limited, located
and registered at 4 Saves lane, Askam-In-Furness Cumbria England LA16
7DT (“Licensor”), for use only under the terms of this License
Agreement.
By downloading the Licensed Application from Apple’s
software distribution platform (“App Store”) and Google’s software
distribution platform (“Play Store”), 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. App Store and Play Store are
referred to in this License Agreement as “Services.”
The parties
of this License Agreement acknowledge that the Services are not a Party
to this License Agreement and are not bound by any provisions or
obligations with regard to the Licensed Application, such as warranty,
liability, maintenance and support thereof. Pippop Technologies Limited,
not the Services, is solely responsible for the Licensed Application
and the content thereof.
This License Agreement may not provide
for usage rules for the Licensed Application that are in conflict with
the latest Apple Media Services Terms and Conditions and Google Play
Terms of Service (“Usage Rules”). Pippop Technologies Limited
acknowledges that it had the opportunity to review the Usage Rules and
this License Agreement is not conflicting with them.
“PippopChat”
when purchased or downloaded through the Services, is licensed to You
for use only under the terms of this License Agreement. The Licensor
reserves all rights not expressly granted to You. “PippopChat” is to be
used on devices that operate with Apple’s operating systems (“iOS” and
“Mac OS”) or Google’s operating system (“Android”).
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
“PippopChat”
(“Licensed Application”) is a piece of software created to “act as a
social media network” — and customized for iOS and Android mobile
devices (“Devices”). It is used to “help build communities”.
The
Licensed 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 Licensed Application. You may not use the Licensed Application in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1
You are given a non-transferable, non-exclusive, non-sublicensable
license to install and use the Licensed Application on any Devices that
You (End-User) own or control and as permitted by the Usage Rules, 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 Licensed Application provided by Licensor that
replace, repair, and/or supplement the first Licensed 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 Licensed Application available to third parties (unless to the
degree allowed by the Usage Rules, and with Pippop Technologies
Limited’s prior written consent), sell, rent, lend, lease or otherwise
redistribute the Licensed Application.
2.4 You may not reverse
engineer, translate, disassemble, integrate, decompile, remove, modify,
combine, create derivative works or updates of, adapt, or attempt to
derive the source code of the Licensed Application, or any part thereof
(except with Pippop Technologies Limited written consent).
2.5
You may not copy (excluding when expressly authorized by this license
and the Usage Rules) or alter the Licensed 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 Usage
Rules, 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. If you sell your Devices to a third party, you must
remove the Licensed Application from the Devices before doing so.
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 Licensed Application, You must ensure that You
comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1
The Licensed Application requires a firmware version 1.0.0 or higher.
Licensor recommends using the latest version of the firmware.
3.2
Licensor attempts to keep the Licensed 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.
3.3 You
acknowledge that it is Your responsibility to confirm and determine that
the app end-user device on which You intend to use the Licensed
Application satisfies the technical specifications mentioned above.
3.4 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 or Play Store
Overview for this Licensed Application.
4.2 Pippop Technologies
Limited and the End-User acknowledge that the Services have 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:
http://https://pippoptechnologies.com/privacy-policy/
You
acknowledge that the Licensor may periodically collect and use technical
data and related information about your device, system, and application
software, and peripherals, offer product support, facilitate the
software updates, and for purposes of providing other services to you
(if any) related to the Licensed Application. Licensor may also use this
information to improve its products or to provide services or
technologies to you, as long as it is in a form that does not personally
identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed
Application may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and 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 Licensed 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 Licensed Application and through third-party websites or
applications. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. 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 Licensed Application, and other users of the
Licensed Application to use your Contributions in any manner
contemplated by the Licensed Application and this License Agreement.
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 Licensed Application and this License Agreement.
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 violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
12. Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
13. Your Contributions do not
otherwise violate, or link to material that violates, any provision of
this License Agreement, or any applicable law or regulation.
Any
use of the Licensed Application in violation of the foregoing violates
this License Agreement and may result in, among other things,
termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Licensed Application or making
Contributions accessible to the Licensed Application by linking your
account from the Licensed Application to any of your social networking
accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use copy, reproduce,
disclose, sell, resell, publish, broad cast, retitle, archive, store,
cache, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial
advertising, or otherwise, and to prepare derivative works of, or
incorporate in other works, such as Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This
license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
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 Licensed Application. You are solely responsible for your
Contributions to the Licensed 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.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to recategorize any
Contributions to place them in more appropriate locations in the
Licensed Application; and (3) to prescreen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
8. LIABILITY
8.1 Licensor’s
responsibility in the case of violation of obligations and tort shall be
limited to intent and gross negligence. Only in case of a breach of
essential contractual duties (cardinal obligations), Licensor shall also
be liable in case of slight negligence. In any case, liability shall be
limited to the foreseeable, contractually typical damages. The
limitation mentioned above does not apply to injuries to life, limb, or
health.
8.2 Licensor takes no accountability or responsibility
for any damages caused due to a breach of duties according to Section 2
of this License Agreement. To avoid data loss, You are required to make
use of backup functions of the Licensed 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 Licensed
Application, You will not have access to the Licensed Application.
9. WARRANTY
9.1
Licensor warrants that the Licensed Application is free of spyware,
trojan horses, viruses, or any other malware at the time of Your
download. Licensor warrants that the Licensed Application works as
described in the user documentation.
9.2 No warranty is provided
for the Licensed 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 Pippop
Technologies Limited sphere of influence that affect the executability
of the Licensed Application.
9.3 You are required to inspect the
Licensed Application immediately after installing it and notify Pippop
Technologies Limited about issues discovered without delay by email
provided in Product Claims. The defect report will be taken into
consideration and further investigated if it has been emailed within a
period of sixty (60) days after discovery.
9.4 If we confirm that
the Licensed Application is defective, Pippop Technologies Limited
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 Licensed Application to conform to any applicable warranty, You
may notify the Services Store Operator, and Your Licensed Application
purchase price will be refunded to You. To the maximum extent permitted
by applicable law, the Services Store Operator will have no other
warranty obligation whatsoever with respect to the Licensed Application,
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
Licensed Application was made available to the user. The statutory
periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Pippop
Technologies Limited and the End-User acknowledge that Pippop
Technologies Limited, and not the Services, 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 US Government embargo, or that has been designated by the
US Government as a “terrorist supporting” country; and that You are not
listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Christopher Townson,
Pippop Technologies Inquiries,
4 Saves Lane,
Askam-In-Furness,
Cumbria,
LA16 7DT
England
questions@pippoptechnologies.com
13. TERMINATION
The
license is valid until terminated by Pippop Technologies Limited or by
You. Your rights under this license will terminate automatically and
without notice from Pippop Technologies Limited if You fail to adhere to
any term(s) of this license. Upon License termination, You shall stop
all use of the Licensed Application, and destroy all copies, full or
partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Pippop
Technologies Limited represents and warrants that Pippop Technologies
Limited 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,” both Apple and Google and their 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,
both Apple and Google 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
Pippop
Technologies Limited 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, Pippop Technologies Limited, and
not the Services, will be solely responsible for the investigation,
defense, settlement, and discharge or any such intellectual property
infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
17. MISCELLANEOUS
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.