Your use of Verizon Cloud service and related software and applications ("Verizon Cloud" or the "Service") is subject to the following terms and conditions. These terms form a legally binding agreement ("Agreement") between you and the Verizon entity through which you purchased the Service, which is either Cellco Partnership d/b/a Verizon Wireless or Verizon Online LLC (in either case, "Verizon", "we", "us" or "our"). The terms "you", "customer" and any derivation thereof refers to any individual or business using the Service, as applicable. For business customers, the term "Fios Internet" shall include services marketed under Basic Internet, Business Internet or Fios Business Internet (whichever service to which you subscribe). If you are a Verizon wireless or Fios Internet customer, in addition to this Agreement, your use of Verizon Cloud is also subject to the terms of the applicable agreement that you accepted governing your use of Verizon services, such as the Verizon Wireless Customer Agreement, Verizon Customer Agreement, Verizon Wireless Major Account Agreement or Verizon Online Terms of Service for Verizon Internet and Value Added Services. By using the Service, you accept this Agreement, which may be modified by us from time to time. You agree that you and any employee of yours that may access or use the Service are 18 or older or your or their parent or guardian has consented to this Agreement. This Agreement also applies to the users on your account, including any employees or anyone else who uses your Service. By continuing to use the Service after we have notified you of changes, you're agreeing to accept those changes. This Agreement contains important information about the Service, including our ability to make changes to your Service or this Agreement's terms, our liability if things don't work as planned, and how any disputes between us must be resolved in arbitration or small claims court.
- The Service. Verizon Cloud is a cloud storage service which, subject to device limitations and your storage plan, automatically backs up and syncs your Content across your compatible mobile devices and computers. You can access the Service through the Verizon Cloud mobile and desktop applications (the "App") and by logging into My Verizon (Verizon consumer accounts only) or the web portal you used to sign up for the Service (non-Verizon customers only). Not all Service features are available through all access methods. You may store photos, videos, music, documents, contacts, text messages and call logs that you have created or that you otherwise have the right to store using the Service ("Content"). The maximum upload size limit for an individual file is 10 GB. With the Verizon Cloud desktop app, individual users can only upload up to 50 GB total each day after the initial backup completes. If you exceed 500 GB in a month, your 50 GB daily limit will be reduced to 10 GB per day until the next month begins. Your device type (e.g., smartphone, tablet or computer) and operating system determine: (i) the types of Content you can back up; (ii) the device locations from which Content is backed up; and (iii) whether Content is manually or automatically backed up. Contacts, text messages and call logs are not accessible from the App and should be viewed and deleted in the application in which they were created. There may be limits on the types of Content you can store and share using the Service, including Content that is unlawful or otherwise violates this Agreement as determined by Verizon in its sole discretion. The Service will not back up mobile or computer operating systems, settings, applications, application data, servers, email platforms, external storage drives, and uncommon file types. See Service FAQs for more details about device requirements and Service limitations. An internet connection is required. Wireless data charges may apply for download and use of the Service and will be billed in accordance with the terms of your wireless data plan. The option to back up only on Wi-Fi may not be available for all Content types, and the Service may continue to back up certain Content types even when your device is not connected to Wi-Fi. You are responsible for maintaining appropriate security for any device from which you plan to access the Service.
By enabling notifications within the App, you agree to receive updates related to your account, updates about the Service, and special marketing offers and promotions. If you enable the Tag and Search feature in the mobile App, you are allowing Verizon Cloud to use face recognition technology on your photos stored in the Service in order to group photos of the same person together, and you are letting us know you have the permission of others in your photos. If you add a name to a face grouping in your People Album, this name is private to your account. Tag and Search may not be available to all customers or in all locations. See Service FAQs for more details.
- Shareable Plans. Shareable storage plans can be used for personal, residential use and may not be used for high volume purposes. With respect to business customers, the Service may be used for legitimate business purposes and is a small business grade service intended for use only by businesses with 1-19 employees, subject to the number of users permitted by the shareable plan you have purchased. Users on the shareable plan can share storage capacity, but cannot manage each other's Content and can only view each other's Content if users chose to permit this.
Our shareable plans allow for backup of all compatible mobile devices and computers for up to 5 users. A compatible Verizon wireless or Fios Internet account is required to enroll in this shareable plan, but users who are not on such a Verizon account may join the shareable plan upon invitation. Backup of "all" devices is limited to the compatible devices you or your users own.
- Fees and Automatic Renewal. Depending on the Cloud storage plan you select, monthly charges apply. Service terms, fees and features may change over time. We offer trial or promotional plans which automatically convert to a paid plan at its regular price at the end of the trial or promotional period unless you choose to cancel prior to the end of the trial or promotional period. Consumer accounts may cancel the Service using any of the following cancellation methods: in the App, in My Verizon, at a retail store or by calling customer service. Business accounts may cancel the Service in the App or by calling customer service. UNLESS YOU CHOOSE TO CANCEL PRIOR TO THE NEXT BILLING PERIOD, YOUR VERIZON CLOUD SERVICE WILL AUTOMATICALLY RENEW MONTHLY AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE MONTHLY FEE AND ANY TAXES OR SURCHARGES FOR THE SERVICE USING THE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
If you are a Verizon wireless or Fios Internet customer, any monthly fees for Verizon Cloud will be billed to your Verizon account. Billing and payment terms are set forth in the Customer Agreement you accepted when you signed up to be our customer.
If you are a Verizon wireless prepaid customer, you must have a sufficient account balance at the time of each monthly renewal to cover your monthly Verizon Cloud charges in addition to your monthly access fee and any other monthly charges you have added to your account. If you have insufficient funds in your prepaid account to cover all applicable charges as of the renewal date, your Verizon Cloud account may be suspended and your Content archived. If your Verizon Cloud account is terminated for any reason before your prepaid account's monthly renewal date, you will not receive a refund for any days remaining in your billing cycle.
If you are not a Verizon wireless or Fios Internet customer, you can purchase Verizon Cloud by charging it to your credit card or payment card/account. Not all forms of payment forms may be accepted by Verizon at the time you are purchasing the Service. The charges, including any taxes and surcharges, if applicable, will be billed one month in advance and will appear on your credit card or payment card/account bill. You authorize Verizon to automatically charge your credit card or payment card/account on your due date each month for the total balance due. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. You are responsible for resolving any problem we encounter in order to proceed with your purchase. You also agree that Verizon may receive updated card account information from your card issuer. You should check with your bank to see if it may charge fees for automated payments from your account. Verizon reserves the right to terminate this payment program upon notification at any time. The foregoing section is not applicable to business customers, who must be a Verizon wireless or Fios Internet customer to purchase Verizon Cloud.
- Customer Conduct.
You may use the Service to store, manage, access, and share Content pursuant to the terms of this Agreement and only as permitted by applicable law. You are solely responsible for your Content (including the Content of your employees, contractors and agents) and your and their actions in connection with your, their or other users' Content. Content in the Service may be protected by others' intellectual property rights. Do not copy, upload, download or share Content unless you have the right to do so. We reserve the right to remove any Content that may violate the law or this Agreement or harm our users, third parties or Verizon. We use automated detection and/or human review to detect child sexual abuse material. We will report apparent child sexual abuse material, and reserve the right to report Content that depicts other forms of child abuse, to the National Center for Missing & Exploited Children and/or law enforcement.
You acknowledge and agree that the Service shall not be used for unlawful purposes and that you shall not do any of the following in connection with the Service:
- circumvent storage space limits that Verizon may establish from time to time;
- interfere with the proper working of the Service or impose an unreasonably large load on Verizon's infrastructure;
- access another user's account without their permission;
- upload, store or share Content that violates or infringes upon any third party right, including any intellectual property right or right of privacy;
- upload, store or share child sexual abuse material or other Content depicting the abuse of children;
- upload, store or share Content that facilitates human trafficking or harassment, contains extreme acts of violence or terrorist activity, or advocates bigotry or hatred;
- adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software;
- remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in copies of the Software;
- remove, tamper with or modify any security features or other Service components for any reason;
- engage in a denial of service attack, or introduce viruses, worms, harmful code or Trojan horses on the Service or Software;
- upload, store or share Content controlled under export regulations; or
- download or use the Service in Crimea, Cuba, Iran, North Korea, Sudan and Syria or in destinations that are now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under United States law.
- Termination or Loss of Access. We may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice. We reserve the right to suspend or terminate your access to the Service or impose storage restrictions on your use of the Service if your use of the Service or your Content, in Verizon's sole discretion, violates this Agreement, Verizon policies or applicable law, substantially exceeds or differs from normal use by other users, or otherwise harms our users, third parties or Verizon. Except as provided below, Content will be irretrievably deleted upon (i) your deletion of Content; (ii) cancellation or termination of your Verizon account; or (iii) cancellation or termination of your Cloud account. If your Verizon account is suspended, you may lose access to your Content during the suspension period.
YOU ARE RESPONSIBLE FOR DOWNLOADING ANY VERIZON CLOUD CONTENT THAT YOU WISH TO SAVE PRIOR TO TERMINATION OR SUSPENSION OF YOUR VERIZON ACCOUNT OR YOUR VERIZON CLOUD ACCOUNT.
You can continue to access the Service and your Content after you are no longer a Verizon customer only if you have created an individual Verizon Cloud profile prior to cancellation of your Verizon account and you reactivate your Cloud account within 30 days of your Verizon disconnect date. You must set up an individual Verizon Cloud profile in the App with a valid email address and password so that we can provide you with a reactivation link to sign up for the Service as a non-Verizon customer. Any member on your Verizon account who has the Service must follow these same steps in order to continue to access their Content. See Service FAQs for more details on how you can restore Content to a new Verizon Cloud account after you are no longer a Verizon customer.
Important notice for Verizon business accounts only: The Cloud service is provided to the business accountholder and those individuals such accountholder may choose to share their shareable plan with, if applicable. If the business accountholder chooses to no longer share their storage with a user, such user will lose access to any Content that they have stored or previously had access to and the above steps for restoring account access will not apply.
- Content. By using the Service, you grant a non-exclusive, fully-paid and royalty-free, sub-licensable, assignable, irrevocable worldwide license to provide all facilities and to enable those facilities to take all actions with respect to Content that may be necessary or reasonable to provide, or to facilitate the provision of, the Service, pursuant to any current and future patents, copyrights and trademarks owned or licensable by You, to the extent necessary for us to exercise any license right granted herein, including, without limitation (i) storing and retrieving the Content; (ii) making the Content available to You; (iii) conforming to connecting networks' technical requirements; (iv) transferring your Content from one mobile device you own to another mobile device you own; and (v) transcoding Content into a viewable or otherwise appropriately perceptible format. By using the Service, you grant us the right to access, analyze and use Metadata to provide the Service, including features and options to optimize the display, appearance and organization of Content, where "Metadata" may include the file name, the file size, the file type, the date and time the file was created, and any location information that is included in the file, such as in photos taken with a phone that has location settings turned on.
- Beta Features. We may release features or functionality of the Service that are still being evaluated or tested (a "Beta Feature"). We will tell you if something is a Beta Feature. If you choose to use a Beta Feature, note that it may not perform as reliably as other Service features. We may change, suspend, or discontinue a Beta Feature at any time without notice.
- Digital Millennium Copyright Act (DMCA) Notice. For information on how to submit a copyright infringement claim and file a DMCA notice, please visit Verizon's Copyright Infringement Claims page. Pursuant to Section 512 of the DMCA, it is Verizon's policy to terminate the account of repeat copyright infringers in appropriate circumstances.
- Software. In connection with the Service, we will provide to you software applications that are owned by us, our affiliates or third-party licensors (the "Software"). We reserve the right periodically to update, monitor, upgrade, change or discontinue the Software remotely or otherwise. Your failure to install any update may affect your Service and/or use of the Software. You may use the Software only as part of, or for use with, the Service as authorized in this Agreement. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable license to use the Service, the Software and Content solely as authorized in this Agreement. All rights regarding use of the Service, Software and Content not expressly granted in this Agreement are reserved by us and/or any third-party licensors. However, you retain all of your ownership rights in Content that you create yourself. Your use of the Service is subject to any open source licenses that form part of the Service as set out in the Licenses file in the App.
- IMPORTANT SERVICE DISCLOSURES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR CUSTOMERS IN ANY PARTICULAR INDUSTRY AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. YOU AGREE NOT TO CAUSE, OR OTHERWISE REQUEST THAT VERIZON CREATE, RECEIVE, MAINTAIN OR TRANSMIT PROTECTED HEALTH INFORMATION (AS DEFINED AT 45 C.F.R. § 160.103) FOR YOU OR ON YOUR BEHALF IN CONNECTION WITH THE SERVICES OR IN ANY MANNER THAT WOULD MAKE VERIZON A BUSINESS ASSOCIATE (AS DEFINED AT 45 C.F.R. § 160.103) TO YOU.
- DISCLAIMER OF WARRANTIES. THIS SERVICE, CONTENT AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER US, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE "VERIZON PARTIES"), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY THE VERIZON PARTIES SHALL CREATE ANY WARRANTY HEREUNDER.
- Limitation of Liability. You agree that the Verizon Parties, and any third party application store operators from which you download the App, are not liable in any way for any losses, damages or injuries caused directly or indirectly by your or anyone else's use, misuse or removal of the Service, the App, your Content, or other users' Content. You agree that the Verizon Parties will not be liable to you or any third party for any failure of the Service to perform, loss of Content, losses or damage to your personal property, including but not limited to, your mobile device, personal computer equipment or software, or damages, including lost income or business opportunity, relating to or caused, directly or indirectly by, any failures of the Software or Service we provide or by any viruses or intrusions to your system.
- Indemnification. In the event you act or use the Service in a manner not permitted in this Agreement or breach any of your representations and warranties, you will: (i) be in material breach of this Agreement; (ii) indemnify, defend and hold harmless the Verizon Parties and other Service users for any losses, expenses, costs, liabilities, damages, penalties, investigations or enforcement proceedings (including attorneys' fees) arising from or relating to your actual or alleged breach of this Agreement including without limitation, your representations and warranties, or any claim that your use of Content infringes or otherwise violates applicable law, or any third party's intellectual property or other rights, including, without limitation, personal or privacy rights; (iii) take, at your expense, prompt action to correct and/or mitigate the effects of your breach of this Agreement; and (iv) provide us with reasonable cooperation and support in connection with our response to your breach of this Agreement. You shall assume and be solely responsible for any reporting requirements under law or contract arising from your breach of this Agreement.
- a. Consuer Dispute Resolution.
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.
YOU AND VERIZON BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US, OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES, OR FROM OUR EFFORTS TO COLLECT AMOUNTS YOU MAY OWE US FOR SUCH PRODUCTS OR SERVICES, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.
(2) UNLESS YOU AND VERIZON AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S CONSUMER ARBITRATION RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VERIZON SHOULD BE SENT TO VERIZON DISPUTE RESOLUTION MANAGER, ONE VERIZON WAY, BASKING RIDGE, NJ 07920. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, VERIZON WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER.
(5) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(6) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(7) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE.
(8) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND VERIZON AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND VERIZON UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
b. Business Customer Dispute Resolution. Business customers should refer to the appropriate master agreement governing their use of Verizon services, such as a Verizon wireless Major Account Agreement or the Verizon Online Terms of Service for Verizon Internet and Value Added Services, for the Dispute Resolution provisions applicable to their use of the Service.
- Additional Terms and Conditions for Mobile Apps Downloaded from the Apple App Store. You may only use the App on iOS devices that you own or control, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You and we acknowledge that: Apple is not obligated to furnish any maintenance and support services with respect to the App, that Apple and its subsidiaries are third party beneficiaries to this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against you in its capacity as a third party beneficiary to the Agreement. Apple is not responsible for any claims made by you or a third party regarding the App, including intellectual property infringement claims, or Your use or possession 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, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty, express or implied. If the App fails to conform to any warranty, you may notify Apple and Apple may, as your sole and exclusive remedy, refund the amount - if any - that you paid Apple for the App. Questions regarding the App may be sent to email@example.com.