End-User License Agreement for Cigar Journal App
Last updated on July 7, 2024
1. Acknowledgement
This End-User License Agreement ("EULA") is a legal agreement between you (the "End-User") and Banda Box, LLC (the "Developer"), not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the Cigar Journal App (the "Licensed Application") and its content.
2. Scope of License
The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and Support
The Developer is solely responsible for providing maintenance and support for the Licensed Application. Apple has no obligation to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty
To the maximum extent permitted by applicable law, the Licensed Application is provided "as is" without warranty of any kind. Should the Licensed Application fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
5. Product Claims
The Developer is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the 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. The EULA does not limit the Developer's liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights
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, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. 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.
8. Developer Contact Information
For any questions, complaints, or claims regarding the Licensed Application, please contact:
Banda Box LLC
Email: support@bandabox.co
9. Third Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application (e.g., your wireless data service agreement).
10. Third Party Beneficiary
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the EULA, and that upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.
11. Services Description
The Cigar Journal App provides a platform for users to log and track their cigar experiences, including ratings, tasting notes, and personal preferences.
12. Account Registration
To access certain features of the Service, you must register for an account. You must provide accurate and complete information and keep your account information updated.
13. User Content
You are solely responsible for the content you submit to the app, including cigar reviews, ratings, and any other information. You agree not to post any content that is unlawful, offensive, or infringes on the rights of others.
14. Privacy
Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.
15. Prohibited Activities
You agree not to engage in any activity that interferes with or disrupts the Services or servers and networks connected to the Services. This includes attempting to gain unauthorized access to the Services or other users' accounts.
16. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this EULA.
17. Changes to EULA
We reserve the right to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
By using the Cigar Journal App, you agree to be bound by this EULA.