This End User License Agreement (“Agreement”) is between you and Clockology, LLC and governs use of this app made available through the Apple App Store. By installing the Clockology App (“the Application”), you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Clockology App.
1. Parties This Agreement is between you and Clockology, LLC only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Clockology, LLC, not Apple, is solely responsible for the Clockology App and its content.
2. Privacy Clockology, LLC may collect and use information about your usage of the Clockology App, including certain types of information from and about your device. Clockology, LLC may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Clockology App. Additional information in the privacy statement available at https://clockologyapp.com/privacy-policy.
3. Scope of License You are granted a non-exclusive, non-sublicensable, non-transferable right to install and use the Application on any Apple mobile devices that You own or control and which supported by the Application as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
- This license will also govern any updates of the Application provided by Licensor that replace and/or supplement the original Application, unless such update is accompanied by a separate license in which case the terms of that license will govern.
- You may not distribute or make the Application available to third parties (unless to the extent permitted by the Apple Terms and conditions) lend, rent, lease, sell or otherwise redistribute the Application.
- You may not decompile, reverse engineer, disassemble, translate, integrate, adapt, create derivative works or updates of, or attempt to derive the source code of the Application, or any part thereof.
- You may not copy (except as expressly permitted by this license and the Usage Rules) or modify the Application of parts thereof. You may create and store copies only on devices that You own or control for backup keeping in accordance with the terms of this license, the App Store Terms of Service and any other terms and conditions that apply to the device or software used. Care must be taken that no unauthorized third parties gain access to these copies at any time.
- Violations of the aforementioned obligations as well as the attempt of such violation may be subject to prosecution and damages.
- Licensor reserves the right to modify the terms and conditions of licensing
- Nothing in this license is construed to restrict third party terms. When using the Application You have to ensure that you comply with applicable third party terms and conditions.
4. Subscription Fees and Payment We offer several types of subscriptions for our Services, including a free version, a monthly subscription, and an annual subscription. By selecting one of these subscriptions, you agree to pay in advance the applicable subscription fee, if any, as posted in the Application, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. All fees are non-refundable and non-transferable unless otherwise provided in these Terms.
- Free Version – We offer a free version during which you may use the Services without payment for the period of time specified in the Application. We reserve the right to modify the free version at any time, without notice and in our sole discretion.
- Renewal – The initial term of a Subscription License is as specified on the invoice. A Subscription License can be manually renewed by you each month or year for additional consecutive periods of the same length as the initial term, unless the Subscription License is terminated in accordance with the Cancellation of Subscription subparagraph below (together with the initial term, “Term”).
- Cancellation of Subscription – You may cancel your subscription at any time. All payments are non-refundable and non-transferable. You will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. If you cancel, through your app store operator. For example, if you have an iPhone, go to Settings, tap App and iTunes Stores, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. Subscription payment will be charged to your iTunes Account at confirmation of purchase. Subscriptions can be managed through your iTunes account.
- Subscription Price Changes – The price of subscriptions is subject to change at any time without notice. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors, inaccuracies, or omissions on the Site or in the App, including after you have been charged your subscription fee. If we change the price of your monthly or annual subscription, you have the option to cancel at any time before the new price is applied. Please see above for further information about cancellation.
5. Warranty Clockology, LLC disclaims all warranties about the Clockology App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Clockology, LLC, not Apple, shall be solely responsible for such warranty. In the event of any failure of Clockology, LLC to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Clockology to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Clockology, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Clockology, LLC.
6. Maintenance and Support Clockology, LLC does provide maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Clockology, LLC, not Apple, shall be obligated to furnish any such maintenance or support.
7. Product Claims Clockology, LLC, not Apple, is responsible for addressing any claims by you relating to the Clockology App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Clockology App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
8. Intellectual Property Rights In the event of any third party claim that you or Clockology, LLC’s possession and use of the Clockology App infringes that third party’s intellectual property rights, Clockology, LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
9. Legal Compliance You must 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.
10. Third Party Terms of Agreement You must comply with applicable third party terms of this agreement when using the Application.
11. Third Party Beneficiary You and Clockology, LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of this 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.
If you would like to contact us for complaints or claims in respect to Clockology please contact:
504 Grand St
New York, NY 10002