EGO App End User License Agreement
This Mobile Application End User License Agreement (“Agreement”) is a required agreement between you (“End User” or “you”) and our team at Chervon North America, Inc. (the “Company”). This Agreement guides your use of the EGO™ Mobile App (including all the related documentation, the “Application”). These guidelines are important to protect you and the Company.
When you accept this Agreement, you are a licensed user of the Application, but are not the owner. That’s why it’s important for you to understand the following guidelines.
BY DOWNLOADING AND USING THE APPLICATION, YOU:
- ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
- AFFIRM THAT YOU ARE 18 YEARS OLD OR OLDER; AND
- ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
If you don’t agree to these terms, do not use the Application and delete it from your Mobile Device.
What This License Grants You
If you agree to the terms of this Agreement, Company gives you a limited, non-exclusive and nontransferable license to:
- Download, install and use the Application for your personal use on a single mobile device owned or controlled by you (“Mobile Device”), strictly according to the EGO Mobile App’s documentation.
- Access, stream, download and use on a Mobile Device the Content and Services (as defined below) made available and accessible in the Application.
Your License Restrictions
You may not do any of the following:
- Copy the Application, except specifically permitted by this Agreement.
- Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application.
- Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any part of the Application.
- Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any part of the Application.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Application or any features or functionality of the Application available to any third party for any reason. That includes making the Application available on a network where it is capable of being accessed by more than one device at any time.
- Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
- Tamper with, remove, or otherwise attempt to defeat any security system used by Company in the Application to prevent the unauthorized copying of the Application.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not gain any ownership interest or any other rights in the Application under this Agreement.
Company and its licensors and service providers reserve and will retain their entire right, title and interest in and to the Application. This includes all copyrights, trademarks and other intellectual property rights in this matter or relating to this matter, except as expressly granted to you in this Agreement.
Collection and Use of Your Information
You acknowledge that when you download, install or use the Application, Company may use automatic means to collect information about your Mobile Device and your use of the Application. You may also be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain features or functionality. The Application may also provide you with opportunities to share information about yourself with others.
Content and Services
The Application may provide you with access to the Company’s website (“Website”) and you may be given access to products and services on the Website. Certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”).
From time to time, Company may develop and provide Application updates at its sole discretion. Application updates may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete, in their entirety, certain features or functionality.
Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:
- The EGO App will automatically download and install all available Updates; or
- You may receive notice of or be prompted to download and install available Updates.
You should promptly download and install all Updates to ensure the most up-to-date functionality. You acknowledge and agree that the Application, or portions of the Application, may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The Application may display, include or give you access to third-party content, including data, information, applications and other products, services and/or materials. They may also provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”).
You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect related to Third Party Materials.
Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and their links are provided solely as a convenience to you. You access and use them at entirely your own risk and are subject to such third parties’ terms and conditions.
Term and Termination
The term of the Agreement begins when you install the Application. The Agreement will continue to be in effect until terminated.
You may terminate this Agreement by deleting the Application and all copies of it.
Company may terminate this Agreement at any time without notice at its sole discretion. Also, if you violate or breach any terms and conditions of this Agreement, this Agreement will terminate immediately and automatically without any notice.
Upon termination of this Agreement:
- All rights given to you under this Agreement will also terminate; and
- You must stop all use of the Application and delete all copies of the Application from your Mobile Device and account.
Termination will not limit any of Company’s rights or remedies at law or in equity.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY — ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENT ORGANIZATION, SUBSIDIARIES, AND OTHER AFFILIATED COMPANIES (COLLECTIVELY “AFFILIATES”) AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS — EXPLICITLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
COMPANY ALSO MAKE NO PROMISES, GUARANTEES OR STATEMENTS, OF ANY KIND, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARD; BE ERROR FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF — OR LIMITATIONS ON — IMPLIED WARRANTIES, OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER. AS A RESULT, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, 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 OR THE CONTENT AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIVE DOLLARS ($5.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. AS A RESULT, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold Company, its licensors, successors, and Affiliates, and, collectively, their respective partners, directors, officers, employees or agents, or anyone else who has been involved in the creation, production or delivery of the Application (collectively the “Indemnified Parties”) harmless from and against all damages, costs, claims and liabilities (including reasonable attorney’s fees) suffered or incurred by the Indemnified Parties as a consequence of any claims or proceedings made or brought against the Indemnified Parties by any person in connection with your use of the Application, including, without limitation, any claim that, if true, would cause you to be in breach of your License Restrictions (see above).
Additionally, you agree that Company assumes no responsibility for the content you submit through the Application.
The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the Application to (or make the Application accessible from) any jurisdiction or country that export, re-export or release is prohibited by law, rule or regulation.
You agree to comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval) prior to exporting, re-exporting, releasing or otherwise making the Application available outside the U.S.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to come as close as possible to the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree to the sole and exclusive jurisdiction of the state and federal courts that are located in, or whose jurisdiction includes, Kent County, Michigan, for resolution of any dispute arising out of or related to this Agreement or the Application. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR THE APPLICATION MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement and other documents referenced in this Agreement make up the entire agreement between you and Company in regards to the Application. These supersede all prior or coexisting understandings and agreements, whether written or oral, in regards to the Application.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under the terms of this Agreement will operate as a waiver of the previously mentioned. Additionally, nor will any single or partial exercise of any right or power under this Agreement stop further exercise of that or any other right under the terms of this Agreement. The terms of this Agreement will overrule In the event of a conflict between this Agreement and any applicable purchase or other terms.
Sections entitled “Your License Restrictions,” “Collection and Use of Your Information,” “Content and Services,” “Third-Party Materials,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Severability,” “Governing Law,” “Limitation of Time to File Claims,” “Entire Agreement,” and “Waiver” shall survive termination of this Agreement.
If you have any questions or complaints, please contact the Company at:
1203 East Warrenville Rd.
Naperville, IL 60563
If you have obtained the Application from Apple’s online store, then the following terms apply:
- You acknowledge that this Agreement is between you and Company, not Apple, and that, as between you and Company, Company is solely responsible for the Application and the contents thereof.
- Notwithstanding anything in this Agreement to the contrary, the license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Company and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
- Company and you acknowledge that Company, not Apple, are responsible for addressing any of your claims or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks.
- Company and you acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Company represents and warrants that (i) it is 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) it is not listed on any U.S. Government list of prohibited or restricted parties.
- Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.