End User License Agreement

Acknowledgment

Scope of License

Maintenance and Support

Warranty

Product Claims

Intellectual Property Rights

Legal Compliance

Developer Name and Address

Third Party Terms of Agreement

Third Party Beneficiary

Miscellaneous

Acknowledgment and Agreement

License Grant and Scope

License Restrictions

Maintenance and Updates

Third-Party Services

Indemnification

No Warranties and Limitation of Liability

Severability and Waiver

Termination and Suspension

Changes to the EULA

Governing Law and Jurisdiction

Last Updated: 18th June 2024

End User License Agreement

By installing, accessing, or using the Sacana Service, you agree to be bound by this EULA, which governs your use of the platform. Please read this agreement carefully before proceeding.

Acknowledgment

This End User License Agreement (EULA) is concluded between you and Sacana only, not with Apple. Sacana, not Apple, is solely responsible for the Licensed Application and its content. Your use of the Licensed Application must comply with the Apple Media Services Terms and Conditions.

Scope of License

The license granted to you for the Licensed Application is a non-transferable license to use the application on any Apple-branded devices that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and Support

Sacana is solely responsible for providing maintenance and support services regarding the Licensed Application. You and Sacana acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Warranty

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

Product Claims

Sacana, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: product liability claims, failure to conform to legal or regulatory requirements, or claims arising under consumer protection or similar legislation.

Intellectual Property Rights

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

Developer Name and Address

Sacana Ltd, Address: Logie Court, Innovation Park, Stirling, FK9 4NF, United Kingdom, Phone: +442071016787 Email: support@sacana.com

Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the Sacana Application, such as wireless data service agreements when using VoIP.

Third Party Beneficiary

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

Miscellaneous

This EULA constitutes the entire agreement between you and Sacana concerning the use of the application. It supersedes all prior agreements, whether oral or written, related to your use of the application. You may be subject to additional terms and conditions when you use or purchase other Sacana services.

Acknowledgment and Agreement

By clicking the "I Agree" button, downloading or using the Sacana application, you agree to be bound by the terms and conditions of this EULA. If you do not agree, do not download or use the application.

License Grant and Scope

Sacana grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the application strictly in accordance with this EULA. The license is for personal, non-commercial use only.

License Restrictions

You agree not to license, sell, rent, lease, assign, distribute, transmit, host, or otherwise commercially exploit the application. You may not modify, reverse engineer, decompile, or disassemble any part of the application.

Maintenance and Updates

Sacana reserves the right to modify, suspend, or discontinue the application at any time without notice. Updates may modify or delete certain features. Continued use after updates constitutes acceptance of the new terms.

Third-Party Services

Sacana is not responsible for third-party content or services accessed through the application. You acknowledge that any interaction with third-party services is at your own risk.

Indemnification

You agree to indemnify and hold Sacana harmless from any claims, damages, liabilities, or expenses arising from your use of the application or violation of this EULA.

No Warranties and Limitation of Liability

The application is provided "as is" without any warranties. Sacana disclaims all implied warranties of merchantability and fitness for a particular purpose. Sacana is not liable for any indirect, incidental, or consequential damages.

Severability and Waiver

If any provision of this EULA is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. Failure to enforce any right shall not constitute a waiver of future enforcement of that right.

Termination and Suspension

Sacana may terminate your access to the application at its discretion if you violate this EULA. Upon termination, you must delete all copies of the application from your devices.

Changes to the EULA

Sacana reserves the right to update or change this EULA at any time. Your continued use after changes constitutes acceptance of the revised terms.

Governing Law and Jurisdiction

This EULA is governed by the laws of the jurisdiction in which Sacana operates. Any disputes will be resolved exclusively in the courts of that jurisdiction.