END USER LICENSE AGREEMENT
Last updated September 23, 2021
MediSpa is licensed to You (End-User) by MediSpa , located at 2815 Lexington Ave. Ashland, KY 41101, Ashland, Kentucky 41101, United States (hereinafter: Licensor), for use only under the terms of this License Agreement. By downloading the Application, 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.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. MediSpa , not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. MediSpa acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
MediSpa (hereinafter: Application) is a piece of software created to Engage users - and customized for Apple mobile devices. It is used to Allow customers to view live streams, get updates, purchases monthly specials and participate in trivia questions
2. SCOPE OF LICENSE
2.1 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with MediSpa 's prior written consent).
2.2 Licensor reserves the right to modify the terms and conditions of licensing.
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE OR SUPPORT
4.1 MediSpa is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2 MediSpa and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USER GENERATED CONTRIBUTIONS
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.
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 contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender; sexual preference. or physical handicap.
6. CONTRIBUTION LICENSE
By submitting suggestions of other feedback regarding the Application; you agree that we can use and share such feedback for any purpose without compensation to you.
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 Application. You are solely responsible for your Contributions to the 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.
8.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses; or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
8.2 No warranty is provided for the 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 MediSpa 's sphere of influence that affect the executability of the Application.
8.3 You are required to inspect the Application immediately after installing it and notify MediSpa about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of five (5) days after discovery.
8.4 If we confirm that the Application is defective; MediSpa reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Application to conform to any applicable warranty; You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law. the App-Store-Operator will have no other warranty
9. PRODUCT CLAIMS
MediSpa and the End-User acknowledge that MediSpa , and not Apple, 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.
10. LEGAL COMPLIANCE
You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.
11. CONTACT INFORMATION
For general inquiries; complaints; questions or claims concerning the licensed Application; please contact:
2815 Lexington Ave. Ashland. KY 41101
Ashland; KY 41101
The license is valid until terminated by MediSpa or by You. Your rights under this license will terminate automatically and without notice from MediSpa if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial of the Application
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
MediSpa represents and warrants that MediSpa 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," Apple and Apple's 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, Apple 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.
14. INTELLECTUAL PROPERTY RIGHTS
MediSpa 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, MediSpa ; and not Apple; will be solely responsible for the investigation; defense, settlement and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This license agreement is governed by the laws of the Commonwealth of Kentucky excluding its conflicts of law rules.
16.1 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.
16.2 Collateral agreements; changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.