1. Acknowledgment
You and Lunana Global Inc. (“Lunana,” “we,” or “us”) acknowledge that this End-User License Agreement (“EULA”) is concluded between you and Lunana only, and not with Apple Inc. (“Apple”). Lunana, not Apple, is solely responsible for the BabyRadar iOS application (the “Licensed Application”) and its content. This EULA may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions. Lunana acknowledges that it has had the opportunity to review Apple’s then-current terms and that this EULA is not inconsistent with them.
2. License grant
Subject to your compliance with this EULA and our Terms of Service, Lunana grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Licensed Application:
- on any Apple-branded product that you own or control, as permitted by the Apple Media Services Terms (including any rules applicable to Family Sharing or volume purchasing); and
- for your personal, non-commercial use within your household.
The Licensed Application is licensed, not sold, to you. All rights not expressly granted are reserved by Lunana and its licensors.
3. Scope and restrictions
You agree not to, and not to permit anyone else to:
- copy, modify, adapt, translate, port, or create derivative works of the Licensed Application;
- rent, lease, lend, sell, redistribute, sublicense, or otherwise commercially exploit the Licensed Application;
- reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Licensed Application or any portion of it, except to the extent permitted by applicable law notwithstanding this restriction;
- remove, alter, or obscure any proprietary notice (including copyright or trademark notices) on or within the Licensed Application;
- use the Licensed Application in a manner that violates applicable law or infringes the rights of any third party, including any use prohibited by Section 4 (recording consent) or Section 5 (prohibited uses and abuse) of our Terms of Service;
- use the Licensed Application for medical, clinical, or life-safety purposes, as described in Section 6 of our Terms of Service.
4. Consent to use of data
You agree that Lunana may collect and use technical and related information about your device, system, and application software, as described in our Privacy Policy, in order to provide and improve the Licensed Application.
5. Updates
Lunana may, in its sole discretion, provide updates, patches, enhancements, or new versions of the Licensed Application (collectively, “Updates”). Updates may be delivered automatically through the App Store or may require your manual installation. This EULA applies to all Updates unless a separate agreement accompanies an Update, in which case that agreement will govern. Lunana has no obligation to provide any Update, and an Update may add, modify, or remove features.
6. Open-source components
The Licensed Application may include open-source software, which is licensed to you under the terms of the applicable open-source license. Where an open-source license requires notice or attribution, you can find the relevant notices within the app’s “Acknowledgments” screen or by contacting us at hello@babyradar.co. Nothing in this EULA limits your rights under, or conflicts with the terms of, any applicable open-source license.
7. Maintenance and support
Lunana is solely responsible for any maintenance and support services for the Licensed Application, as specified in this EULA or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the Licensed Application. You can request support by emailing hello@babyradar.co.
8. Warranty disclaimer
The Licensed Application is provided on an “as is” basis. To the maximum extent permitted by applicable law, the Licensed Application is provided without any warranty, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, usage, or trade practice.
In the event of any failure of the Licensed Application to conform to any applicable warranty that cannot be disclaimed, you may notify Apple, and Apple will refund the purchase price (if any) 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. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Lunana’s sole responsibility, subject to the limitations of liability in Section 12 of our Terms of Service and in Section 9 of this EULA.
9. Limitation of liability
Your remedies and Lunana’s liability in connection with the Licensed Application are limited as set forth in Section 12 of our Terms of Service, which is incorporated here by reference. To the maximum extent permitted by applicable law, Apple has no liability whatsoever for the Licensed Application.
10. Intellectual-property claims
Lunana, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Licensed Application or your possession or use of the Licensed Application infringes that third party’s intellectual-property rights, subject to your compliance with our Terms of Service (including the indemnification obligations in Section 13 of our Terms of Service).
11. Legal compliance and export
You represent and warrant that (a) 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 (b) you are not listed on any U.S. government list of prohibited or restricted parties. You further agree to comply with all applicable U.S. and foreign export-control laws and regulations when using the Licensed Application.
12. Termination
This EULA is effective until terminated. Your rights under this EULA will terminate automatically and without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and delete all copies of it from your devices. Sections 3, 4, 6, 8, 9, 10, 11, 13, and 14 will survive termination.
13. Apple as third-party beneficiary
You and Lunana acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of this EULA.
14. General
Contracting entity and notices. The contracting entity under this EULA is Lunana Global Inc. Notices to us should be sent to hello@babyradar.co.
Governing law and dispute resolution. This EULA is governed by the laws of the State of Delaware without regard to its conflict-of-laws rules, and disputes arising out of or related to this EULA are subject to the dispute-resolution provisions in Section 15 of our Terms of Service (including binding arbitration and the class-action waiver, subject to your opt-out right).
Order of precedence. If any provision of this EULA conflicts with the Terms of Service or the Privacy Policy, the terms of this EULA will control with respect to the license grant and Apple-specific provisions, and the Terms of Service will control in all other respects.
Severability and waiver. If any provision of this EULA is held unenforceable, the remainder will continue in full force. Failure to enforce any provision is not a waiver of that or any other provision.
Entire agreement. This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Lunana concerning the Licensed Application and supersedes any prior or contemporaneous agreement on that subject.