You also agree to abide by all terms set forth in any Terms of Service for Apple, Inc. (“Apple”) and Apple’s App Store, which are available at: http://www.apple.com/legal/internet-services/itunes/us/terms.html#SERVICE (which may be updated from time to time), for Google, Inc. (“Google”) and/or Google’s Play Store, which are available at: https://play.google.com/intl/en_us/about/play-terms.html (which may be updated from time to time), or any other terms applicable to other third party app stores from which you may download the MIR3® Recipient App (each an “App Store”). You understand and agree that Apple, Google, any other App Store and their respective subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, such parties will have the right to enforce these Terms against you in their capacity as a third-party beneficiary.
General Use Provisions
The MIR3® Recipient App and these Terms may be updated from time to time by OnSolve. Your continued use of the MIR3® Recipient App shall be construed as an agreement to accept such updates. OnSolve may modify or cancel the MIR3® Recipient App at any time, without notice, in its sole discretion. You may discontinue your use of the MIR3® Recipient App at any time. You recognize that access to the MIR3® Recipient App may be governed by your wireless service or data provider, and that OnSolve has no responsibility for or control over such access.
Your use of the MIR3® Recipient App is based upon a limited, non-transferable license from OnSolve to you on an approved device, rightfully owned by you in accordance with any terms regarding the ownership of such device. You understand and agree that any and all maintenance, support, or other requests regarding the MIR3® Recipient App must be sent directly to OnSolve, and that OnSolve shall be solely responsible for the MIR3® Recipient App. Neither Apple, Google nor any App Store has any obligation, whatsoever, to furnish any maintenance, support, or other services in relation to the MIR3® Recipient App.
You understand and agree that OnSolve will be solely responsible for investigating, defending, settling, and/or discharging any potential third-party claim that the MIR3® Recipient App infringes on the intellectual property rights of another, and that neither Apple, Google, nor any App Store shall have any liability in regards to such third-party claims.
In the event you have any questions, concerns, or service requests regarding the MIR3® Recipient App, you may contact OnSolve at:
ONSOLVE, LLC, 780 W. Granada Blvd., Ormond Beach, FL 32714; 1-866-939-0911, email@example.com
You agree to provide accurate and complete information when you download the MIR3® Recipient App so that OnSolve may provide you with a log in and password and/or verification code via SMS or email to associate your account with an existing MIR3® Recipient licensee. You are solely responsible for the security of and any use of your account and you agree to notify OnSolve in the event you believe the security of your account has been compromised. You understand that OnSolve shall not be liable for any damages caused by the unauthorized use of your account and you agree to indemnify OnSolve from any such damages. Your agree that your use of the MIR3® Recipient App will comply with all applicable laws, including but not limited to copyright and patent law, and law governing the use of telecommunications and software. You agree not to access the MIR3® Recipient App by any means other than through the application interface on which the MIR3® Recipient App is provided, and you agree not to engage in any activity that interferes with or disrupts the MIR3® Recipient App, or which attempts to access, modify, create a derivative work, reverse engineer, extract any source or object code, or otherwise corrupt the MIR3® Recipient App.
OnSolve may be required to make certain personal information available to partners that we work with on the MIR3® Recipient App, including but not limited to Apple, Google or any App Store. We may also be required to make such information available to provide customer service, or to companies who are performing development on behalf of OnSolve. OnSolve takes several measures to safeguard all information we collect, and will not sell your information to a third party.
Exclusion of Warranties
To use the MIR3® Recipient App, you are required to have access to the Internet, as well as a device and certain software. Fees may apply for these services, and you agree that access to the Internet and required devices and software is your sole responsibility. OnSolve makes no warranties regarding the software and devices used to access the MIR3® Recipient App. Updates to the Internet, your device and software may be required, and these updates may affect the performance of the MIR3® Recipient App.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MIR3® RECIPIENT APP IS AT YOUR SOLE RISK AND THAT THE MIR3® RECIPIENT APP IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” ONSOLVE AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES (THE “ONSOLVE PARTIES”) MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE MIR3® RECIPIENT APP INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING SUCH DISCLAIMER, THE ONSOLVE PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE MIR3® RECIPIENT APP WILL MEET YOUR REQUIREMENTS; AND (B) YOUR USE OF THE MIR3® RECIPIENT APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
You understand that, in the event the MIR3® Recipient App does not function as promised under this as-is warranty, that you are free to notify Apple, Google, or the App Store where you downloaded and/or purchased the MIR3® Recipient App, and that such party may refund the purchase price paid (if any); however, to the maximum extent permitted by applicable law, such party will have no other obligations or liability whatsoever with respect to the MIR3® Recipient App. You acknowledge and agree that any and all claims you may have related to the MIR3® Recipient App, including but not limited to your download and/or use of the MIR3® Recipient App, shall be solely against OnSolve, and not Apple, Google or any App Store, including but not limited to any claims related to product liability, failure to conform to any legal or other regulatory requirements; and any consumer protection claims.
The Terms constitute the entire agreement between you and OnSolve regarding the MIR3® Recipient App, and supersedes any prior agreements or understandings regarding the MIR3® Recipient App, whether oral or written. The Terms and this agreement are solely between you and OnSolve, and do not create any agreement whatsoever between you and Apple, Google, or any App Store, or any of their respective subsidiaries, products or services. OnSolve is solely responsible for the MIR3® Recipient App, and all content thereof. You understand that any agreement you may have with Apple, Google, or any App Store, is separate and distinct from these Terms.
You agree that OnSolve may provide you with notice, including those via the MIR3® Recipient App, email, or cellular provider, regarding the MIR3® Recipient App and OnSolve’s other Services.
You represent and warrant that you are not located in any country anywhere in the world which is subject to an embargo by the United States of America; that you are not located in any country anywhere in the world which has been designated as “terrorist supporting” by the United States of America, and that you are not on any restricted or prohibited lists for the United States of America.