End User License Agreement (EULA) for PetCam App

1. Acknowledgement — Apple is not a party

You and the Owner acknowledge that this Agreement is concluded solely between you and the Owner, and not with Apple Inc. (“Apple”). The Owner, not Apple, is solely responsible for the Application and its content. This Agreement does not provide for usage rules for the Application that conflict with the Apple Media Services Terms and Conditions; in case of conflict, those terms prevail.

2. Scope of License

The Owner grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application for your personal, non-commercial purposes, strictly in accordance with this Agreement and with the Usage Rules set out in the Apple Media Services Terms and Conditions.

The license is granted for use of the Application on any Apple-branded products that you own or control, as permitted by those Usage Rules, including any associated “Family Sharing” or volume-purchasing rules.

3. Restrictions

Except as expressly permitted by this Agreement or by mandatory applicable law, you may not:

• copy, reproduce, distribute, sell, rent, lease, lend, sublicense, or otherwise make the Application available to any third party;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application, in whole or in part;
• modify, adapt, translate, or create derivative works of the Application;
• remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• use the Application for any unlawful purpose or in any way that infringes the rights of others or that could damage, disable, or impair the Application or the underlying services.

4. Subscriptions and Payment

The Application offers a free version with limited features and one or more auto-renewable subscriptions that unlock the full version. A free trial period may be offered on first download.

• Payment is charged to your Apple Account at confirmation of purchase.
• A subscription automatically renews at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Your Apple Account is charged for renewal within 24 hours prior to the end of the current period.
• You can manage your subscription and turn off auto-renewal in your Apple Account settings after purchase.
• Current prices are shown in the Application and on the store page and may vary by region and applicable taxes.
• Any unused portion of a free trial period, where offered, is forfeited when you purchase a subscription, where applicable.

5. Intellectual Property

The Application, including all software, content, design, text, graphics, and other materials, and all intellectual property rights therein, are owned by the Owner or its licensors and are protected by copyright and other laws. This Agreement grants you a license only and does not transfer to you any ownership or intellectual property rights.

6. Maintenance and Support

The Owner is solely responsible for providing any maintenance and support services with respect to the Application, as required under applicable law. You and the Owner acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. For support, contact [email protected].

7. Warranty

To the maximum extent permitted by applicable law, the Application is provided “as is” and “as available” without warranties of any kind. The Owner is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Owner’s sole responsibility.

8. Product Claims

You and the Owner acknowledge that the Owner, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the 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 the Application’s use of any frameworks for handling data.

9. Intellectual Property Rights of Third Parties

In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Owner, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

10. Legal Compliance

You 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. You also agree to comply with all applicable third-party terms of agreement when using the Application.

11. Limitation of Liability

To the maximum extent permitted by applicable law, the Owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, arising out of or in connection with your use of, or inability to use, the Application. The proper functioning of the Application also depends on the quality and speed of your internet connection, which is beyond the Owner’s control. Nothing in this Agreement limits any liability that cannot be limited under applicable law, including mandatory consumer rights.

12. Term and Termination

This Agreement is effective until terminated by you or the Owner. Your rights under this Agreement will terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and delete all copies. Sections that by their nature should survive termination will survive.

13. Third-Party Beneficiary

You and the Owner acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

14. Governing Law

This Agreement is governed by and construed in accordance with the laws of Brazil, without regard to its conflict-of-law provisions. This does not deprive you of the protection afforded by mandatory consumer-protection rules of the country in which you reside.

15. Contact

Klug Home Solutions Tecnologia Ltda
Avenida Paulista, 1374
01310-100 Sao Paulo
Brasil

Email: [email protected]