COMFORT APP END USER AGREEMENT
Last Updated 20 December 2022
PLEASE READ THIS END USER AGREEMENT THAT APPLIES TO YOU CAREFULLY. BY DOWNLOADING THE APP, AGREEING OR ACCEPTING THE END USER AGREEMENT ON THE ACKNOWLEDGEMENT PAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE END USER AGREEMENT THAT APPLIES TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO ONE OF THE FOLLOWING: DO NOT DOWNLOAD THE APP, DELETE THE APP OR DO NOT CONTINUE WITH THE SIGN UP TERMS.
These End User Terms apply to Comfort App users in the UK and Europe.
PRIVACY
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice. If you navigate to a different website, different privacy policies, terms of use and/or end user licence terms apply, as set out on those sites and it is important that you read that information, if you navigate to those pages. If you do not provide us true and accurate information your ability to use the App and your rights may be adversely affected.
APP STORE TERMS
The App Store from where you downloaded the App may also be controlled by the respective App Store’s rules and policies and where there is any differences between these terms and the App Store’s terms, rules or polices, the App Store’s terms, rules or policies shall apply. For Google Play Store the terms and conditions are located at https://play.google.com/about/play-terms/index.html and for the Apple store at https://store.apple.com/Catalog/uk_inst/Images/salespolicies_individual.html.
END USER AGREEMENT FOR COMFORT MOBILE SOFTWARE APPLICATION
IMPORTANT: THIS END USER AGREEMENT IS BETWEEN YOU AND HAIER (SINGAPORE) INVESTMENT HOLDING PTE LTD AND ITS AFFILIATES (COLLECTIVELY, “HSP”). PLEASE READ AND AGREE TO THIS END USER LICENSE AGREEMENT BEFORE USE OF THE COMFORT APP FEATURE AND MOBILE PHONE APPLICATION (“APPLICATION” or “APP”). THE APP IS INTENDED FOR USE WITH CERTAIN GE-BRANDED APPLIANCES (“CONNECTED APPLIANCES”). BY ACCEPTING THIS END USER AGREEMENT YOU (“YOU”) ARE BECOMING A PARTY TO THIS LICENSE AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS END USER AGREEMENT, YOU ARE NOT LICENSED TO USE THE APPLICATION OR THE SOFTWARE CONTAINED THEREIN (“SOFTWARE”). WE RECOMMEND THAT YOU PRINT A COPY OF THIS END USER AGREEMENT FOR FUTURE REFERENCE.
The Comfort Application and Connected Appliances are not intended for minors. If you are under 18 years of age, you cannot register as a user on our websites or the App, provide us with your personal data, or agree to our terms.
If any provision of this End User Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other provisions of this End User Agreement shall remain in force.
1. HSP SOFTWARE LICENSE GRANT. Subject to the terms of this End User Agreement and recognising always that no ownership rights of any kind are hereby granted, HSP hereby grants You a limited, personal, non-sublicenseable, non-transferable, non-exclusive, revocable license to use the Application that is intended for use with any Connected Appliances you may have purchased, in accordance with this End User Agreement and any documentation accompanying your Connected Appliances (the “Software License”). If you choose to sell or transfer ownership of your Connected Appliance(s) to a new owner, you agree that you will deactivate the transferred Connected Appliance(s) from your account. The new owner will need to agree to the terms of this End User Agreement and will need to submit a new agreement to use the Application when they register any transferred Connected Appliance.
2. PERMITTED USE. This End User Agreement allows Your use of the Application on a reasonable number of personal electronic devices (i.e., portable electronic devices such as mobile phones and tablets) which You or members of Your household own or have rights to use, for the limited purpose of accessing your Connected Appliance(s).
3. LICENSE RESTRICTIONS. Except as expressly and unambiguously permitted by this End User Agreement, You may not, nor permit anyone else to, directly or indirectly: copy, modify, or distribute the Application or reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Application (except and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any Open Source Software, as defined below). As between the parties, title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof, shall remain in and with HSP and its suppliers or licensors. To the extent permitted by applicable law, HSP may modify or discontinue offering the Application at any time for valid reasons (e.g., to reflect changes in relevant laws, to protect security, or to implement technical adjustments and improvements). HSP will seek to notify You by reasonable means of any modifications that will have a material adverse effect on the use of the Application, taken as a whole. You understand that HSP through its software platform partners may elect to begin charging a licensing fee for the use of the Application and that HSP or its partners may elect to begin charging a one-time fee or a reoccurring subscription fee for the services provided by the Application, but will not do so without giving You the option of paying the fee or discontinuing use of the Application. To the extent permitted by applicable law, HSP may modify any such fee where reasonably necessary. HSP will seek to notify You by reasonable means of any material increase in any such fee. All rights not expressly granted to you in the Software herein are expressly reserved to HSP.
4. ACCEPTABLE USE RESTRICTIONS. You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms); not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any services.
5. OPEN-SOURCE SOFTWARE. The App or Connected Appliances may include certain software code that is licensed under various free and open source licenses (collectively, the “Open Source Software”). To the extent required under the relevant open sourced licenses (and specifically limited to those requirements), each contributor to the Open Source Software, hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the work and such derivative works in source or object form. You may access through the Application a list of the source code for any Open Source Software that is included in the Application.
6. TRANSACTIONS. The App may make available listings, descriptions, and images of products. Except to the extent prohibited by applicable law, HSP makes no representations as to the completeness or accuracy of such listings, descriptions, or images (including any features, specifications, and prices contained therein). Such information and the availability of any product are subject to change at any time without notice. You may be able to purchase products or services through the App (a “Transaction”). You confirm that you have the right to use any method of payment that you submit. Verification of information may be required prior to the acknowledgment or completion of any Transaction. It is your responsibility to comply with all applicable laws and additional terms regarding the purchase and use of any product. To the fullest extent permitted by applicable law, HSP reserves the right, including without prior notice, to limit the available quantity of or discontinue the availability of any product or service and to bar any user from making a Transaction. Refunds and exchanges are subject to our applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the App, at the prices in effect when such charges are incurred, including applicable charges for shipping, handling, and taxes. While it is the practice of HSP to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute HSP’s acceptance of an order or its confirmation of an offer to sell a product. Unless prohibited by applicable law, Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for products pass to You upon HSP’s delivery of the products to the carrier, and You are responsible for filing any claims with carriers for damaged and/or lost shipments.
7. SUPPORT SERVICES FOR HAIER (SINGAPORE) INVESTMENT HOLDING PTE LTD: HSP uses HAIER U.S. APPLIANCE SOLUTIONS, INC. D/B/A GE APPLIANCES (“GEA”) and its sub-processors, to provide troubleshooting, system maintenance, and solutions testing as necessary for the proper operation of the App. GEA provides support occasionally and only on an as needed basis. To provide the support GEA personnel in the U.S. and GEA affiliate personnel located in India may access certain parts of your information regarding the appliance and the individual consumer. This information includes: MAC address. Appliance usage, and device ID; User registration data (name, email, address, phone), User ID, user consent); Application Data (version, appliance usage and crash history). Ordinarily GEA will need to access only your email address, User ID, MAC address, and appliance usage data. GEA personnel located in the U.S. and GEA’s affiliate’s personnel located in India may access this information which is stored in a servers located in the EU. The laws of US and India allow, under certain circumstances, access by national authorities to personal data controlled by U.S. or Indian companies, respectively. For the purposes of GDPR and GDPR UK, this transfer of personal data is carried out by adopting a lawful basis under applicable law, which may include EU Standard Contractual Clauses.
8. FEEDBACK. If You provide to HSP any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Application or otherwise, You agree that such Feedback is not confidential and that Your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place HSP under any obligation in respect of such Feedback.
9. LIMITED WARRANTY. HSP warrants the Application to be free from major defects in workmanship under normal use for a period of thirty (30) days from the initial download of the Application. Your exclusive remedy under this paragraph 9 shall be a replacement of the Application with the currently available version of the Application. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT TO THE EXTENT THAT WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY HSP ARE INVOLVED, THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED OR IMPLIED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. FURTHER, IF YOUR PERSONAL ELECTRONIC DEVICE IS CONFIGURED TO ALLOW MODIFICATION OF, ADMINISTRATIVE ACCESS TO, OR PRIVILEGED ACCESS TO YOUR DEVICE’S OPERATING SYSTEM, SUCH CONFIGURATION COULD COMPROMISE THE SECURITY AND OPERATING FEATURES OF THE APPLICATION. USE OF THE APPLICATION ON ANY SUCH CONFIGURED DEVICE VOIDS THE LIMITED WARRANTY.
10. WARRANTY DISCLAIMER. EXCEPT AS IS EXPRESSLY STATED IN HSP’S LIMITED WARRANTY FOR THE APPLICATION IN PARAGRAPH 7 ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HSP DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE APPLICATION AND THE OPEN SOURCE SOFTWARE, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HSP OR A HSP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE LIMITATIONS SET FORTH IN PARAGRAPHS 9 AND 10 MAY NOT APPLY TO YOU. ANY WARRANTY FOR A CONNECTED APPLIANCE IS SEPARATELY SET FORTH IN HSP’S LIMITED WARRANTY FOR SAID CONNECTED APPLIANCE, WHICH WARRANTY SHALL ACCOMPANY THE CONNECTED APPLIANCE, AND THIS END USER AGREEMENT DOES NOT EXPAND OR CONTRACT IN ANY WAY THE LIMITED WARRANTY ON THE CONNECTED APPLIANCE. IN RESPECT OF ANY CONDITIONS, WARRANTIES, OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE LIABILITY OF HSP IS LIMITED (AT HSP’S OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE APPLICATION.
11. GENERAL LIMITATIONS. You are responsible for safe appliance operation. You must ensure you have sufficient WiFi for operation of the appliance and Application. You cannot rely on the Application as a means of preventing accidents, fire or damage to your appliances or home; the Application is not designed for that purpose. It is your responsibility to ensure that your appliances are maintained in good working order and that they are used in a safe and responsible manner. HSP will make its “best effort” to ensure that notifications and communications are conveyed to and from you and to and from your Connected Appliances, but HSP does not guarantee the accuracy of results or the reliability or timeliness of communications. You may not transfer use of the App to someone else, the rights set out in this licence are given to you personally. You agree that use of the Application is subject to limitations and restrictions outside of HSP’s control (such as internet availability, environmental conditions such as buildings and topography, weather and atmospheric conditions, and availability of cell phone service, and satellite access) and HSP is not responsible for these limitations.
12. COMPLIANCE WITH THE LICENSE. You are responsible for compliance with this license for not only Yourself, but also for anyone else who uses the Application under this license. You agree to make all other users aware of the terms of this license and you agree that You are solely responsible for the use of the Connected Appliances services in conjunction with the use of this Application.
13. SOFTWARE UPDATES. HSP maintains a policy of continuous improvement of its products and, to the fullest extent permitted by applicable law, reserves the right to change or update the Application and Connected Appliance through automatic updates to improve performance, enhance functionality, remove features that are largely unused by the applications users generally, reflect changes to the operating systems or address security issues. Alternatively, we may ask you to update the App for these reasons. On behalf of HSP, GEA collects directly from connected appliances and devices certain performance and usage information HSP uses this information to analyse the Application and Connected Appliances, for troubleshooting, testing and making improvements in and to the Application and Connected Appliances, including updates and changes to the Application and Connected Appliances. You agree that Use of the Application will allow Your Connected Appliance to communicate with GEA’s servers for the purposes of applying these updates.
If you chose to not accept these updates or if you opt out of automatic updates you may not be able to continue to use the App and you may withdraw within the terms set out in paragraph 16.
The App will always match the description of it provided to you when you bought it. GEA will provide you updates and support for the GEA Application and your GEA Appliance software for a reasonable period of time.
14. LIMITATION OF LIABILITY. 14. LIMITATION OF LIABILITY. NOTHING IN THIS END USER AGREEMENT RESTRICTS, EXCLUDES, OR MODIFIES, OR PURPORTS TO RESTRICT, EXCLUDE, OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL HSP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR LOSSES THAT WERE NOT FORESEEABLE TO YOU OR HSP AT THE TIME YOU AGREED TO THIS END USER AGREEMENT, 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 OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF HSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME YOU AGREED TO THIS END USER AGREEMENT, BOTH YOU AND HSP KNEW IT MIGHT HAPPEN. 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. UNLESS SUCH A LIMITATION IS PROHIBITED BY LAW, IN NO EVENT SHALL HSP’S CUMULATIVE LIABILITY UNDER THIS END USER AGREEMENT TO YOU EXCEED FIFTY UNITED STATES DOLLARS ($50.00). THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. HSP DOES NOT EXCLUDE OR LIMIT IN ANY WAY ITS LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS MAY INCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY HSP’S NEGLIGENCE OR THE NEGLIGENCE OF HSP EMPLOYEES, AGENTS, AFFILIATES OR SUBCONGRACTORS, FOR GROSS NEGLIGENCE OR WILLFUL BEHAVIOR, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
If you are a resident of the European Union, United Kingdom or such other jurisdiction that has legislative prohibitions or laws relating to exclusions of liability in consumer contracts such as this End User Agreement, nothing in this End User Agreement shall limit HSP’s statutory liability (a) under any such legislation that contains prohibitions or limitations on limitations of liability or exclusion of liability clauses, (b) for damages arising from loss of life, bodily injury, or damage to health, (c) for damages caused by HSP’s gross negligence or wilful misconduct, (d) for damages arising from fraudulently concealed defects, and (e) for damages covered by a guarantee of HSP. Subject to the foregoing sentence, in cases of HSP’s ordinary negligence, HSP’s liability for damages (y) shall be limited to damages foreseeable at the time this End User Agreement comes into force and that typically arise from transactions of this nature, and (z) shall be excluded with regard to damages caused by a breach of immaterial contractual obligations of HSP. In addition, HSP shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Application not under HSP’s control, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs not under the control of HSP used for electronic communications and transmission of viruses.
15. THIRD-PARTY LINKS. The HSP Application may contain links to third-party services. HSP does not control or endorse, and is not responsible for, any such third-party services.
16. TERM AND TERMINATION. This End User Agreement shall continue until terminated as set forth in this Paragraph. You may terminate this End User Agreement at any time by decommissioning your Connected Appliance. Your rights under this End User Agreement will terminate if You fail to comply with any term(s) of this End User Agreement. Where reasonable under the circumstances, HSP will provide You with at least twenty-four (24) hours’ prior notice of termination, provided that if HSP reasonably believes that You have materially breached this End User Agreement, HSP may immediately terminate Your rights under this End User Agreement. Any termination of this End User Agreement shall also terminate the licenses granted hereunder. Paragraphs 9, 10, 11, 12, 13, 14, 16, 17 and 18 shall survive termination of this End User Agreement.
If you are a resident of the European Union or the United Kingdom, You may withdraw, within the term of 14 days from the conclusion of the contract, without indicating a reason for termination and without any penalty, by means of written communication sent to the addresses in paragraph 23. In such case, You acknowledge that: a) early withdrawal from the contract can be exercised, without having to provide any reason; b) the withdrawal deadline will run from the day of completion of the contract; c) the right of withdrawal cannot be exercised in respect of services that have already been performed; d) the consumer can communicate the withdrawal without the need to use any form or formalities.
17. EXPORT CONTROLS. You shall not export, or allow the export or re-export of any Connected Appliances or the Application in violation of any applicable laws or regulations. By installing or using the Application, You agree to the foregoing and represent and warrant that You are not located in, under the control of, or a national or resident of any country subject to restriction by the United States government or any other applicable law.
18. DISPUTE RESOLUTION. If You have any concerns, issues or disputes arising out of Your use of the Application, Connected Appliances, or the terms and conditions of this End User Agreement, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, these should be able to be resolved quickly and to everyone’s satisfaction by getting in touch with HSP through the details provided in paragraph 23 below. If we cannot resolve the complaint or issues to Your satisfaction, You and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. To the extent required by applicable laws in your country of residence, You may also be able to appeal to alternative dispute resolution bodies, including online dispute resolution bodies (for example the European Commission Online Dispute Resolution platform), pursuant to art. 14 of EU Regulation 14/2013, which also established a European platform for online dispute resolution, available on the website http://ec.europa.eu/consumers/odr/, where it is possible to find further information on the use of alternative dispute resolution bodies and consult an updated list of ADR bodies, find their contacts, including every link to the related website, as well as any useful information to appeal one of the aforementioned bodies. If you reside in a State of the EU, You will be able to access the European procedure referred to in Regulation (EC) no. 861/2007 of the Council, 11 July 2007, available on the website www.eur-lex.europa.eu, for the resolution of small claims. The procedure may be activated provided that the value of the dispute, net of legal interest, right and expenses, does not exceed the total amount of € 2.000,00.
19. NO ASSIGNMENT. You may not assign any rights or delegate any duties under this End User Agreement and any attempt to do so will be void.
20. FORCE MAJEURE. Neither party will be responsible for any failure or delay in its performance under this End User Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, pandemic, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
21. WAIVER AND SEVERABILITY. Any express waiver or failure to exercise promptly any right under this End User Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this End User Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
22. ACKNOWLEDGEMENT AND EXCLUSIVITY. You acknowledge that you have read this End User Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that this End User Agreement is the complete and exclusive statement of the agreement between you and HSP regarding the subject matter of this End User Agreement, and, in the absence of fraud, that this End User Agreement supersedes all prior or contemporaneous oral or written communications, proposals, representations, and any other communication between you and HSP relating to the subject matter of this End User Agreement. No modification to this End User Agreement will be binding unless in writing and signed by an authorized representative of each party.
23. INFORMATION.
If you have a question regarding the Application, you may contact us as follows:
Email: comfortappsupport@fisherpaykel.com or writing us at:
Comfort App
Haier Singapore
c/- Fisher & Paykel Appliances Limited
78 Springs Road
East Tamaki, Auckland 2013
New Zealand
Attention: Comfort App Support at the Connected Appliances Team
For any questions or information about your Connected Appliance you will need to contact your retailer, user guides or contact information for any warranty needs.
24. TERMS REQUIRED BY APPLE. In addition to paragraphs 1 to 23 above, and notwithstanding anything to the contrary in this End User Agreement, the following provisions in this paragraph 24 apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this End User Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to HS . The licence you have been granted in this End User Agreement is limited to a non-transferable licence to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this End User Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User Agreement against you as a third-party beneficiary of this End User Agreement. Notwithstanding these rights of Apple and Apple’s subsidiaries, HSP’s right to enter into, rescind or terminate any variation, waiver or settlement under this End User Agreement is not subject to the consent of any third party.