Mobile Application End-User License Agreement
Please read this Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the itrezzo, Inc. (“itrezzo ”) mobile application (the “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 itrezzo (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.
License. itrezzo grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and business purposes strictly in accordance with this EULA and the Subscription Agreement.
Changes to this EULA. itrezzo reserves the right to modify this EULA at any time and for any reason. itrezzo will post the most current version of this EULA at:
You are responsible for complying with the updated terms posted online at itrezzo’s website even if these updated terms appear online at itrezzo’s website before being posted on the Mobile App. Your continued use of the Mobile App after itrezzo publishes notice of changes to this EULA indicates Your consent to the updated terms.
No Included Maintenance and Support. itrezzo may deploy changes, updates, or enhancements to the Mobile App at any time. itrezzo 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. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
Privacy. In order to operate and provide the Mobile App, itrezzo will require you to register your email address and opt-in to a quarterly email from itrezzo. Itrezzo does not have access to the content of your e-mail communications, nor does it record or have access to your password. Itrezzo will only share your contact information with its affiliate Cira Apps, Ltd. itrezzo uses and protects that information in accordance with the itrezzo Privacy Notice (a current version of which can be found at https://itrezzo.com/About/Privacy
Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize itrezzo to send You (including via email and push notifications) information regarding the Mobile App, such as: (a) notices about Your use of the Mobile App, including notices of violations of use; (b) updates to the Mobile App and new features or products; and (c) promotional information and materials regarding itrezzo’s products and services.
No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITREZZO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ITREZZO IS NOT RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARSING OUT OF OR RELATED TO YOUR USE OF THE MOBILE APP, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
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. itrezzo does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Suspension and Termination of the Mobile App. itrezzo reserves the right to suspend or terminate Your access to the Mobile App if you breach this Agreement or any related terms or conditions of your use of itrezzo’s services.
Intellectual Property Rights. In the event of a third party claim that the Mobile App, or Your possession and use of the Mobile App, infringes third party’s intellectual property rights, itrezzo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.
Third Party Beneficiaries. This EULA is executed between You and itrezzo and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, Your acceptance of this EULA allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. itrezzo is not responsible for any applicable third-party agreement between You and Your any third-party, including your wireless provider.