PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY MOBILE APP, SOFTWARE, SERVER, WEBSITE AND OTHER SOFTWARE DESIGNED AND DEVELOPED APS TECH MART, for this End-User License Agreement governs your use of all apps and software developed and designed by APS TECH MART and how we provide other Apps and software.
This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA") which governs your use of the APS TECH MART and other APS TECH MART is a legal agreement between you and Rapid Logic., an Indian registered company. By installing or otherwise using the APS TECH MART Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the APS TECH MART apps and software will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any APS TECH MART apps and software updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any APS TECH MART apps and software . We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up any app from APS TECH MART apps and software shall constitute reasonable means. Your continued use of the APS TECH MART apps and software after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the APS TECH MART apps and software. If you have any questions or concerns regarding the terms or conditions herein, please email us at firstname.lastname@example.org. Do not use the any APS TECH MART apps and software until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect..
02. AGE REQUIREMENT
You must be 13 years of age (or 16 in the EEA) or older to install or to use the APS TECH MART apps and software . If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the APS TECH MART apps and software for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access APS TECH MART apps and software , you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the APS TECH MART apps and software or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the APS TECH MART apps and software , please contact us at email@example.com.
03. GRANT OF LICENSE
Subject to your compliance with the terms and conditions of this EULA, APS TECH MART grants you a limited, non-exclusive, revocable, non-sublicensable , non-transferable license, to access, download and install the most current generally available version of the APS TECH MART apps and software on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
04. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. Restricted Use: You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the APS TECH MART apps and software or use the APS TECH MART apps and software for the benefit of any third party. Unless expressly authorized by APS TECH MART or permitted under the applicable mobile platform terms, you are prohibited from making the APS TECH MART apps and software available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the APS TECH MART apps and software , except to remove our APS TECH MART apps and software from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any APS TECH MART apps and software, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any APS TECH MART apps and software in any way. You do not have the right to and may not create derivative works of any APS TECH MART apps and software or any portions thereof. All modifications or enhancements to the APS TECH MART apps and software remain the sole property of APS TECH MART Technologies Private Limited
B. APS TECH MART Apps and Software Updates: We reserve the right to add or remove features or functions to existing APS TECH MART apps and software. When installed on your mobile device, the APS TECH MART apps and software periodically communicate with our servers. We may require the updating of the APS TECH MART apps and software on your mobile device when we release a new version of the APS TECH MART apps and software, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the APS TECH MART apps and software. You acknowledge and agree that any obligation we may have to support previous versions of the APS TECH MART apps and software may be ended upon the availability of updates, supplements or subsequent versions of the APS TECH MART apps and software. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the APS TECH MART apps and software.
C. Access: You must provide at your own expense the equipment,Internet connections, devices and service plans to access and use the APS TECH MART apps and software. If you access an APS TECH MART apps and software through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the APS TECH MART apps and software from your device. Downloading, installing or using certain APS TECH MART apps and software may be prohibited or restricted by your network provider and not all APS TECH MART apps and software may work with your network provider or device. APS TECH MART makes no representation that the APS TECH MART apps and software can be accessed on all devices or wireless service plans. APS TECH MART makes no representation that the APS TECH MART apps and software are available in all languages or that the APS TECH MART apps and software are appropriate or available for use in any particular location.
D. Purchases & Cancellation Rights.
i). Subscriptions. You may purchase certain APS TECH MART apps and software on a subscription basis. Some APS TECH MART apps and software may offer different subscription levels(usually free or premium).Payment for a subscription (which may be for example monthly, tri-monthly or yearly) may be processed in App through a third party mobile platform owner (e.g. Apple or Google) or directly through APS TECH MART and its third party payment processor through an APS TECH MART apps and software website.
You may be offered a free trial of a subscription to an APS TECH MART apps and software for a limited period of time. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account, or if you went through an APS TECH MART apps and software website, by logging in on the applicable website to manage your subscriptions. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through Google, before the end of the trial period.
If you subscribed for an APS TECH MART apps and software through a third party mobile platform owner (either through the third party platform or in-app), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account.
All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will be effective as of the end of that month. Sorry-- there are no refunds on paid subscriptions once the charge has gone through for the billing period.
(ii) Paid Applications Certain APS TECH MART apps and software are available for one-time purchase (no recurring subscription). Payment for such purchases may be through a third party mobile platform provider (e.g., Apple or Google). European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and purchase an APS TECH MART apps and software from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase.
You may uninstall APS TECH MART apps and software paid applications at any time at your discretion. All purchases of paid applications are non-refundable.
E. Automatic Renewal: Paid subscriptions to the APS TECH MART apps and software are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation section of this Agreement.
APS TECH MART apps and software allow you to enjoy various features, functionalities and services, which may change from time to time(collectively, the "APS TECH MART Functions"). The APS TECH MART apps and software Functions are provided by APS TECH MART and third party suppliers who offer content and/or services in conjunction with or through the APS TECH MART apps and software (the "Third Party Partners"). APS TECH MART apps and software Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither APS TECH MART apps and software, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any APS TECH MART apps and software.
06. THIRD-PARTY PARTNERS: