Mister Car Wash® Mobile App End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. This EULA contains an arbitration agreement, class action waiver, and jury trial waiver. BY AGREEING TO THIS EULA, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAVER OF CLASS ACTION” TO RESOLVE ANY DISPUTES (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
This EULA is made between Car Wash Partners, Inc. doing business as Mister Car Wash® (“Mister Car Wash,” “Mister,” “we,” “us,” or “our”) and you (“you”) and provides the terms and conditions under which you may access and download the Mister Car Wash® mobile application (the “App”). Please read this EULA carefully before using the App. All access to and use of the App is subject to the terms of this EULA.
By using, downloading, or accessing the App, including accessing or registering your Mister® digital account (“Account”) through the App, you acknowledge that you have read, understand, and agree to be bound by this EULA as of the date on which you download, access, or use the App and that you meet the qualifications included in this EULA. We recommend that you keep a copy of this EULA for future reference.
If you do not agree to this EULA, you may NOT use, download, or access the App.
We collect certain data when you use the App. We will treat such data as described in our Mister Car Wash Privacy Notice, which is incorporated into this EULA. Our Privacy Notice describes our data collection, use, and sharing practices. Please make sure that you read our Privacy Notice carefully before using the App.
Mister reserves the right, at any time, to modify the terms of this EULA by making such modification available on the App or by providing other notice to you. Any modification will be effective immediately upon posting on the App or such other notice. We will post material modifications or otherwise provide you notice of the same. If you do not approve of any such modification, you may terminate this EULA at any time as set forth below. If you do not terminate this EULA, you will be deemed to have agreed to such modifications through your continued use of the App.
Provided you comply with this EULA, Mister grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to download, access, and use the App on any device(s) that you own or control solely for your own internal purposes as permitted by this EULA. This EULA begins upon your first access to or use of the App and will continue in effect until terminated in accordance with this EULA.
App Features and Functionality
All text, files, images, graphics, illustrations, information, data, audio, video, photographs, or other content included directly or by link or other reference or otherwise published or displayed through the App, including the Mister Car Wash® name and logo and the product and service names associated with the App (collectively, “App Content”) are owned either by Mister or by one or more third-party content provider(s) and licensed to Mister, as applicable. Furthermore, you agree the App, and the databases, software, hardware, and other technology used by or on behalf of Mister to operate the App and their structure, organization, and underlying databases, information, and source code constitute valuable trade secrets and intellectual property of Mister. Your use of the App or App Content grants you no rights in relation to our, or our licensors’, intellectual property rights. Mister and its licensors own all right, title, and interest in and to the App and the App Content, including all trademark and copyrights, recognized in any jurisdiction.
We may change features and functions on the App or any other App Content at any time without notice to you.
Mister® Digital Account
You can create an Account by registering with the App. The person who has access and control over the Account will be responsible for any activity that occurs through the Account and also for updating and maintaining the accuracy of the information in the Account. You must be 18 years of age to create an Account. Individuals under the age of 18 must use the Account of their parent or legal guardian, under such person’s Account, and otherwise subject to this EULA. If you submit the personal information of any person other than yourself in setting up an Account, you warrant that you have that person’s permission to provide us with that information.
We will send you information relating to your purchases and Account (e.g., payment authorizations, invoices, changes in payment method, confirmation messages, notices) in electronic form only, for example via emails to the email address you provided or via text messages to the mobile telephone number you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must maintain a valid email or mobile telephone number with your Account.
We may send by automated means transactional communication texts related to the App or your Account. Your mobile carrier’s standard message rates and other charges will apply to any text communication you send or receive. All charges for such text communications are billed by and payable to your mobile carrier. Mister Car Wash will not be liable for any delays in the receipt of any text communications. Delivery is subject to effective transmission from your mobile carrier. Maximum number of text communications per month will vary based on your transactions. To opt out of transactional communication texts, other than legal notices, you may text STOP to 26379, the number that appears in your transactional communication texts, or to 737-637-3463, provided you have provided us with a valid email address so that we may contact you. Consent to receive such messages is not a condition of making any purchase. For more information on text messages and data obtained from you via text message, see the Privacy Notice.
Compliance with Law; Termination by Mister Car Wash
You agree to use your Account and the App in accordance with all applicable laws, rules, and regulations. We may cancel your Account and your license to the App if you violate applicable laws, rules, or regulations, or this EULA. To the maximum extent permitted by applicable law, Mister Car Wash may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account without notice or liability. If we refuse, suspend, deactivate, or terminate your Account, you may not create another Account without our prior written permission. We may, at our discretion, suspend, deactivate, or terminate your Account to protect you or Mister Car Wash from identity theft or other fraudulent activity. Except as required by applicable law, Mister Car Wash® is not obligated to you for any such refusals, suspensions, deactivations, or terminations.
Product and Service Availability
All offers on the App are void where prohibited by law. Advertised prices and services may change at any time without notice to you. Some products and services may not be available in certain areas. The data contained on the App may contain technical inaccuracies or typographical errors or omissions.
The App may allow you to make purchases from Mister Car Wash for certain car wash services. In addition to this EULA, the following terms apply to purchases made through the App, and such terms are incorporated herein by this reference:
• Mister Car Wash® Online Single Wash Terms and Conditions (“Single Wash Terms”) apply to all purchases of single car wash passes through the App.
• Subscriptions for an Unlimited Wash Club® membership plan will be subject to the Unlimited Wash Club® Membership Plan Terms (“UWC Terms”).
Your Use of the App
The App is made available to download free of charge. You may discontinue using the App at any time. Deletion of the App from your mobile device will not delete or terminate your Account. Single car wash passes you have purchased will remain in effect until you redeem them as outlined in the Single Wash Terms. Any Unlimited Wash Club® membership plans you have subscribed to will remain in effect unless you cancel them as outlined in the UWC Terms. Your Account (if created) will continue to be available for your use, and you will continue to get communications based on your selected communication preferences.
You are responsible for making all arrangements necessary for you to have access to the App. For the App to work properly, your device(s) needs to meet the technical requirements specified in the relevant app store. You accept responsibility for all activities that occur from your computer or device or in connection with any of your accounts. Your use or download of the App may result in data or other charges from your wireless service provider. You are responsible for complying with all terms from your wireless service provider.
Restrictions on Your Use of the App
You agree not to use the App in any way except as expressly permitted by this EULA. You agree to use the App in accordance with all applicable laws, rules, and regulations. You warrant that all data you provide to us in connection with your access to and use of the App and any purchases is true, accurate, and complete. You will not copy, reproduce, modify, reverse-engineer, decompile, disassemble, alter, or otherwise tamper with any software (including source code), databases, and other technology of the App or any portion of the App (or authorize, encourage, or assist any other person to do so). You will not access, use, or copy any portion of the App, including any App Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You will not post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the App or any computers, hardware, software, system, data, or networks. You will not engage in activities designed to render the App inoperable or to make its use more difficult, or to adversely impact the business interests or reputation of the Mister Parties, as defined below. You will not use the App in a way which infringes or violates the intellectual property rights of any third party or restricts or inhibits anyone else’s use or enjoyment of the App. You will not attempt to penetrate, circumvent, or overcome any security measures or technological protection measures intended to restrict access to any portion of the App or the App Content.
Updates and Upgrades
From time to time, we may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the App (for example, to perform maintenance, add enhancements, add or remove features, resolve software bugs, or address security concerns). All such releases are in our discretion. If you find any error, issue, or bug in the App, you may submit Feedback (as defined below). Otherwise, we do not provide any other support for the App. These updates and upgrades may result in the App being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw, or disable the App for longer periods while we deploy these updates and upgrades. We will always try to give you notice of this, but it may not be possible in all cases (for example, for reasons beyond our control, or if there is an emergency security issue). The device on which the App is installed must be connected to the internet in order to receive updates.
Mister Car Wash is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the App, worldwide and in perpetuity without further compensation, acknowledgment, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the App. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER MISTER CAR WASH NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE APP. MISTER CAR WASH DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE APP. MISTER CAR WASH DOES NOT WARRANT OR GUARANTEE THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE APP WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. MISTER CAR WASH IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISTER CAR WASH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. MISTER CAR WASH HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM MISTER CAR WASH OR IN ANY MANNER FROM THE APP CREATES ANY WARRANTY.
WE MAKE NO REPRESENTATION THAT THE APP IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE APP FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE APP IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DATA FROM THE APP, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
CERTAIN JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CAR WASH PARTNERS, INC. DOING BUSINESS AS MISTER CAR WASH® OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“MISTER PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MISTER PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DELETE THE APP FROM YOUR MOBILE DEVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL MISTER PARTIES’ LIABILITY TO YOU
EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELLATION OF THIS EULA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless Mister Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the App, whether or not in breach of this EULA; (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the App, (c) your order of products and services through the App, or (d) your actual or alleged breach of this EULA. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Arbitration Agreement; Waiver of Trial by Jury and Waver of Class Action
Applicability of Arbitration Agreement
Any dispute, claim, or controversy of any nature arising out of or relating in any way to the use of the App, your Account, this EULA, or the Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of this EULA or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth below (the “Arbitration Agreement”). This Arbitration Agreement applies to you and Mister Car Wash, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants shall be construed as a limitation on or waiver of a party’s right to seek public injunctive relief, where warranted, in such arbitration.
Disputes Excluded from Arbitration
Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or Mister Car Wash individually in a small claims court are not subject to arbitration, so long as the disputes remain in such small claims court and advance only an individual (non-class, non-representative) claim for relief. In the event of any actual, alleged, or threatened violation of confidentiality or violation of Mister Car Wash’s or its licensor’s intellectual property or other proprietary rights, Mister Car Wash may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages, or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as expressly agreed in writing by all parties otherwise may be required by law.
The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current and applicable Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA Rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.
Place and Governing Law
The place of arbitration shall be in Pima County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as may be amended from time to time (the FAA), shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. To the extent state law is applicable, the laws of the State of Arizona shall apply without regard to conflict-of-laws provisions.
This Arbitration Agreement provision will survive the termination of this EULA. Except as set forth in the Section titled ”Class Action Waiver“ below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law and the remaining terms, provisions, covenants, and restrictions of this Arbitration Agreement will remain in full force and effect. Otherwise, no portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and Mister.
Time Limitation on Claims
The parties agree that they must initiate arbitration within one (1) year after the party discovered or should have discovered the Dispute, unless applicable state or federal law expressly does not permit for the parties to shorten the length of a limitations or repose period or enforcement of this provision contradicts an applicable fundamental public policy; otherwise, the parties agree that the Dispute is permanently barred.
Class Action Waiver
YOU AND MISTER CAR WASH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mister Car Wash agree otherwise, the arbitrator may not consolidate one or more person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If you intend to seek arbitration you must first send a written notice (“Notice”), by certified mail to Mister Car Wash, 222 E. 5th St., Tucson, AZ 85705, Attn: General Counsel. If Mister Car Wash intends to seek arbitration, Mister Car Wash will send a Notice to the email address, current billing address, or mobile telephone number on file in your Account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Mister Car Wash at 222 E. 5th St., Tucson, AZ 85705, Attn: General Counsel. Mister Car Wash will send such copy to the email address, current billing address, or mobile telephone number on file in your Account or to your attorney, if you have retained one.
For Disputes asserted by you of $50,000 (US Dollars) or less, you agree to pay the filing fee specified in the rules of the AAA; Mister Car Wash will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For Disputes by you over $50,000 (US Dollars), you will be responsible for the Arbitration Fees. For Disputes asserted by Mister Car Wash, Mister Car Wash will pay Arbitration Fees. The parties agree that the prevailing party may recover Arbitration Fees as costs unless otherwise ruled by the arbitrator.
Governing Law, Forum Selection, and Jury Waiver
Except as set forth in the Arbitration Agreement provisions above, all matters relating to your use of the App, this EULA, or your Account shall be governed by and construed in accordance with the applicable laws of the United States of America and the laws of the State of Arizona without regard to choice-of-law principles or conflict-of-laws provisions. This EULA will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Unless you and Mister Car Wash agree otherwise, if it is determined or this EULA provides that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court) shall be resolved in the United States District Court for the District of Arizona, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Arizona for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Arizona located in Pima County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Mister Car Wash both waive your right to a jury trial, unless such waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided herein. Instead, as provided in the Arbitration Agreement provisions above, the FAA shall apply to any such disputes.
Changes to Terms
Mister Car Wash may, from time to time, change this EULA. Such revisions extend only to claims arising after the change date, apply equally to any claims that either party may have against the other, and shall be effective immediately on the date such change is posted on the App.
We may assign our rights and delegate our duties under this EULA at any time to any party without notice to you. You may not assign your rights or delegate your duties under this EULA without our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. This EULA does not confer any rights, remedies, or benefits upon any person other than you and Mister Car Wash, except that our affiliates are third-party beneficiaries of this EULA. This EULA and any other terms that are expressly incorporated herein, including our Privacy Notice, Single Wash Terms and UWC Terms are the entire agreement between you and Mister Car Wash with respect to your use of the App and any purchase of car wash services from Mister. Mister Car Wash’s failure to enforce any provision of this EULA will not constitute a waiver of that provision or any other provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by Mister Car Wash. If any provision of this EULA is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in this EULA are for convenience only and do not affect the interpretation of this EULA. This EULA inures to the benefit of the successors and assigns of Mister Car Wash. Any provisions of this EULA that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of this EULA or of your use of the App. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Under California Civil Code Section 1789.3, California users of the App receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
The following Apple-specific terms will only apply if you have downloaded the App from the Apple App Store. This EULA is agreed between you and us only, not with Apple. We are solely responsible for the App and its contents. If there is any conflict or inconsistency between the other terms of this EULA and these Apple-specific terms, these Apple-specific terms will apply.
The license we grant you in the “License; Term” section above is limited to Apple-branded products only that you own or control as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions and remains non-transferable (except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing).
In the event the App fails to conform to any applicable warranty provided in this EULA, you may notify Apple and Apple will refund any purchase price, if applicable, for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and Apple has no responsibility for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We, and not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection privacy, or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not Apple will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent 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.
Please contact us by telephone at 866-254-3229, by email at email@example.com, or by mail at 222 E. 5th St., Tucson, AZ 85705.