Please read this Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the My Vision Helper mobile application (“Mobile App”). This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and My Vision Helper (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA. With respect to the use of the Mobile App, the terms of this EULA will govern and control solely with respect to use of the Mobile App.
This agreement is between You and My Vision Helper only, and not Apple Inc. (Apple). My Vision Helper, not Apple is solely responsible for the Mobile App and their content. Although Apple is not a party to this agreement, Apple has the right to enforce this agreement against you as a third-party beneficiary relating to your use of the Mobile App.
My Vision Helper grants you a limited, non-exclusive, non-transferrable, revocable license to use the Mobile App for your personal, non-commercial purposes. You may only use the Mobile App on a device that you own or control and as permitted by the Apple App Store Terms of Service.
My Vision Helper may deploy changes, updates, or enhancements to the Mobile App at any time. My Vision Helper may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Device support or compatibility is subject to change at any time. My Vision Helper does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device. My Vision Helper cannot guarantee any maintenance or support beyond what is required by applicable law. You acknowledge that My Vision Helper, not Apple, shall be obligated to furnish any such maintenance or support.
The Mobile App is provided on an “as is” basis. As such, My Vision Helper disclaims all warranties about the Mobile App to the fullest extent permitted by law. Your use of the Mobile App is at your sole risk. To the extent any warranty exists under law that cannot be disclaimed, My Vision Helper, not Apple, shall be solely responsible for such warranty.
My Vision Helper does not make any warranties concerning the Mobile App. To the extent you have any claim arising from or relating to your use of the Mobile App, My Vision Helper, not Apple is responsible for addressing any such claims, which may include, but not limited to: (i) product liability claims; (ii) any claim that the Licensed 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 Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit the liability of My Vision Helper to you what is permitted by applicable law.
You acknowledge that, in the event of any third party claim that the Mobile App or Your possession and use of the Mobile App infringes that third party’s intellectual property rights, My Vision Helper, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
My Vision Helper shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the Mobile App. To the extent My Vision Helper is required to provide indemnification by applicable law, My Vision Helper, not Apple shall be solely responsible for the investigation, defense, settlement and discharge of any claims that the Mobile App or your use of it infringes any third-party intellectual property right.
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.
My Vision Helper
411 River St.
Greenville, SC 29601
We can be reached via e-mail at email@example.com
You must comply with applicable third-party terms of agreement when using the Mobile App (e. g. your wireless data service agreement). Your right to use the Mobile App will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS (Apple) has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
Apple and Apple subsidiaries are third party beneficiaries of the EULA, and that, upon your acceptance, such third-party beneficiary will have the right (and will be deemed to have accepted right) to enforce the agreement against you.
My Vision Helper grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and internal business purposes strictly in accordance with this EULA.
My Vision Helper reserves the right to modify this EULA at any time and for any reason without notice. My Vision Helper will post the most current version of this EULA at https://myvisionhelper.com/eula. Your continued use of the Mobile App indicates Your consent to the updated terms.
You may not reverse engineer, decompile, or disassemble the Mobile App without permission from My Vision Helper. Any such violation will be prosecuted to the fullest extent of the law. The Mobile App is protected by copyright laws and international treaty provisions. Therefore, you must treat the Mobile App like any other copyrighted material.
You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. You agree to not threaten, harass, or demean any staff member of, or entity related to, My Vision Helper. Any such violation could result in: (i) the suspension of your ability to use features of the Mobile App related to contacting or interacting with staff members of, or entities related to, My Vision Helper; and (ii) You being blocked from contacting or interacting with staff members of, or entities related to, My Vision Helper via email, phone, social media, etc.. You also agree not to violate the usage limits or controls set forth by the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product.