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.
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.
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.