Apple Device Additional Terms

Effective Date: August 8, 2018

If you access a SpecialX App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby incorporated and made part of the Terms of Use between you and SpecialX:

§  Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple Device Additional Terms shall control with respect to access and use of the App via an Apple Device.

§  Agreement with SpecialX, Not Apple. You acknowledge that these Terms are an agreement between SpecialX and you, and not with Apple. SpecialX, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.

§  Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.

§  Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If SpecialX decides (in its sole discretion) to provide support and maintenance services for an iOS App, SpecialX is solely responsible for providing such services.

§  Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by SpecialX in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is SpecialX’s sole responsibility. Notwithstanding the foregoing, SpecialX is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.

§  Product Claims. You hereby acknowledge that SpecialX, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit SpecialX’s liability beyond what is permitted by applicable law.

§  Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, SpecialX, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

§  Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

§  Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce these Terms against you with respect to the iOS App as a third-party beneficiary thereof.

§  Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to SpecialX at the contact information found in the Terms of Use.