The licence under which you use the Saha app, including permitted use and restrictions.
This End User License Agreement ("EULA") governs your license to use the Saha mobile application software (the "App"). It supplements, and does not replace, the Saha Terms of Service, which govern your use of the underlying Service (matching, messaging, verification, etc.). Where this EULA and the Terms of Service address the same subject, the more specific provision controls: the EULA controls for software licensing/IP matters; the Terms of Service control for account, conduct, and service-usage matters.
Subject to your compliance with this EULA and the Terms of Service, Invent LLC ("Company") grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple- or Google-branded devices that you own or control, solely for your personal, non-commercial use, as permitted by the App Store or Google Play usage rules applicable to the platform through which you obtained the App.
Consistent with App Store Review Guideline 1.2, Company maintains the following measures for user-generated content within the App:
Company maintains a zero-tolerance policy toward any content or conduct that sexualizes or endangers minors, consistent with the Community Guidelines and Age Attestation Policy.
Your use of the App is also subject to the usage rules of the applicable app marketplace (Apple's Licensed Application End User License Agreement / Apple Media Services Terms, or Google Play's Terms of Service), which take precedence over this EULA solely with respect to matters exclusively within the marketplace's authority (e.g., payment processing, refunds under the marketplace's own policies).
All purchases within the App are billed through Apple's or Google's in-app purchase systems, as described in the Terms of Service. Company does not process payment directly.
Company, not Apple or Google, is solely responsible for providing maintenance and support for the App, to the extent required by the Terms of Service. Apple and Google have no obligation whatsoever to furnish any maintenance or support services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google (as applicable), and the marketplace operator's sole warranty obligation, if any, will be to refund the purchase price of the App, subject to the marketplace's own policies, to the extent required by law.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Company's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Company, not Apple or Google, is responsible for addressing any claims relating to the App or your possession/use of it, including: (a) product liability claims, (b) any claim that the App fails to conform to legal or regulatory requirements, and (c) claims arising under consumer protection or similar law.
Company, not Apple or Google, is responsible for the investigation, defense, settlement, and discharge of any claim that the App or your possession/use of it infringes a third party's intellectual property rights.
You represent that you are not located in a country subject to a U.S. Government embargo, or listed on any U.S. Government list of prohibited or restricted parties, and are not otherwise prohibited from receiving the App under applicable export control laws.
You acknowledge and agree that Apple, Google, and their respective subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance, each marketplace operator will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
This EULA is effective until terminated by you or Company. Your rights under this EULA terminate automatically without notice if you fail to comply with its terms. Upon termination, you must destroy all copies of the App in your possession.
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
legal@the-saha.com.
