Mobile App EULA Template

In this Agreement, the following terms have the meanings set out below, and such terms shall be capitalized wherever used in this Agreement.

"Application" means the mobile software application known as [Application Name], in object code form, including all Updates, associated media, online or electronic documentation, and any features, functionality and content made available through it by the Licensor.

"App Store" means any digital distribution platform, marketplace or service operated by a third party, including [App Store Provider Names], through which the Application is made available for download or purchase.

"App Store Provider" means the operator of an App Store and its affiliates.

"Authorized Device" means a mobile device, tablet or other compatible electronic device that the End User owns or controls and that meets the system requirements specified by the Licensor from time to time.

"Content" means any text, data, images, audio, video, software, information, or other material made available in or through the Application, excluding User Content.

"Fees" means all amounts payable in connection with the Application, including purchase prices, In-App Purchase prices, Subscription charges, and applicable taxes, in the amount of [Fee Amount] in [Currency] or as otherwise displayed at the point of purchase.

"In-App Purchase" means any digital item, feature, content, virtual good or service that may be purchased within or in connection with the Application.

"Intellectual Property Rights" means all patents, copyrights, trademarks, service marks, trade names, trade secrets, database rights, design rights, moral rights, know-how, and all other intellectual or proprietary rights, whether registered or unregistered, anywhere in the world, together with all applications, renewals and extensions thereof.

"Subscription" means an In-App Purchase that provides access to the Application or to certain features or Content for a recurring period and which renews in accordance with Section 5.

"Update" means any patch, bug fix, error correction, upgrade, enhancement, new version, or modification of the Application that the Licensor may make available, in its sole discretion.

"User Content" means any content, data, text, images, files, or other materials that the End User submits, uploads, posts, transmits or otherwise makes available through the Application.

In this Agreement, headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; "including" means "including without limitation"; and references to a Section are to a section of this Agreement. In the event of conflict between this Agreement and any policy referred to herein, this Agreement shall prevail unless expressly stated otherwise.

This Agreement constitutes a legally binding contract between the End User and the Licensor. The End User accepts this Agreement upon the earliest of: (a) clicking an acceptance button or otherwise indicating assent within the Application; (b) downloading or installing the Application; or (c) accessing or using the Application in any manner.

The End User represents and warrants that it has full legal capacity and authority to enter into this Agreement and that it has reached the age of majority in its place of residence, being not less than [Minimum Age] years of age. Where the minimum age in the End User's place of residence is higher, such higher age shall apply.

Where the Application is made available to minors below the age of majority with the consent of a parent or legal guardian, such parent or guardian shall be deemed the End User for purposes of this Agreement and shall be responsible for the minor's compliance with it and for all acts and omissions of the minor in connection with the Application.

If the End User accepts this Agreement on behalf of a company, organization or other legal entity, the individual accepting represents and warrants that he or she is duly authorized to bind such entity, and references to the End User shall include such entity.

The End User further represents that it is not located in a country or territory that is subject to a comprehensive embargo or sanctions regime, and that it is not identified on any list of restricted or prohibited persons maintained by any governmental authority having jurisdiction.

The Licensor may modify this Agreement at any time by posting the revised Agreement within the Application or on [Licensor Website URL], or by providing notice through the Application or by email. Continued use of the Application after the effective date of any modification constitutes acceptance of the modified Agreement.

The Licensor may, in its sole discretion, restrict or condition availability of the Application by geography, age, device type or otherwise, and nothing in this Agreement obliges the Licensor to make the Application available to any person.

Subject to the End User's continued compliance with this Agreement, the Licensor grants to the End User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use one copy of the Application on each Authorized Device, solely for the End User's [personal / internal business] purposes and in accordance with this Agreement and any usage rules of the applicable App Store.

The license granted under this Agreement extends to the object code version of the Application only. The End User shall have no right to receive or access the source code of the Application, and no right to any documentation, support or services except as expressly provided in this Agreement.

The Application is licensed and not sold. The Licensor and its licensors retain all right, title and interest in and to the Application, and the End User acquires only a right to use the Application on the terms set out in this Agreement.

The license is limited to the number of Authorized Devices and users specified at [Permitted Number of Devices/Users] or, where no such number is specified, to Authorized Devices owned or controlled by the End User and used by the End User alone.

Where the Application is made available for use by an organization, the Licensor may, under a separate written agreement, grant additional or different license rights, in which case the terms of that written agreement shall prevail to the extent of any conflict.

Any use of the Application beyond the scope of the license granted in this Section is strictly prohibited and constitutes a material breach of this Agreement, and may also infringe the Intellectual Property Rights of the Licensor and its licensors.

The Licensor reserves all rights not expressly granted to the End User in this Agreement. No license or right shall be implied, by estoppel or otherwise.

This Agreement is concluded solely between the End User and the Licensor, and not with any App Store Provider. The Licensor, not the App Store Provider, is solely responsible for the Application and its content, to the extent permitted by applicable law.

The End User acknowledges that the license granted hereunder is limited to use on Authorized Devices and subject to the usage rules set out in the terms of service of the applicable App Store, and that, in the event of conflict between such usage rules and this Agreement, the more restrictive provision as regards use of the Application shall apply to the extent permitted by those terms.

The End User acknowledges that the App Store Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Application. Any maintenance and support that may be provided shall be provided by the Licensor in its sole discretion, through [Support Contact Details].

In the event of any failure of the Application to conform to any applicable warranty that cannot be excluded, the End User may notify the App Store Provider, which may refund the purchase price (if any) paid for the Application. To the maximum extent permitted by applicable law, the App Store Provider shall have no other warranty obligation with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty shall be the responsibility of the Licensor, subject to the limitations in this Agreement.

The Licensor, and not the App Store Provider, is responsible for addressing any claims of the End User or any third party relating to the Application or the End User's possession or use of it, including product liability claims, claims that the Application fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation, in each case subject to the limitations in this Agreement.

In the event of any third-party claim that the Application or the End User's possession and use of it infringes that third party's Intellectual Property Rights, the Licensor, and not the App Store Provider, shall be solely responsible for the investigation, defense, settlement and discharge of such claim.

The End User represents and warrants that it is not located in a country subject to an embargo and that it is not on any restricted-party list, and agrees to comply with all applicable third-party terms of agreement when using the Application, including those of its wireless data service provider.

The App Store Providers and their subsidiaries are third-party beneficiaries of this Agreement, and upon the End User's acceptance of this Agreement, each App Store Provider shall have the right (and shall be deemed to have accepted the right) to enforce this Agreement against the End User as a third-party beneficiary. Except as stated in this Section, this Agreement confers no rights on any third party.

The Application may be made available free of charge or may require payment of Fees. Certain features, Content or functionality may be available only through In-App Purchases or Subscriptions. Applicable Fees, billing cycles and renewal terms will be displayed before the End User completes any purchase.

All purchases are processed through the applicable App Store, and payment will be charged to the End User's account with the App Store Provider upon confirmation of purchase. The End User is solely responsible for maintaining valid payment information, and the Licensor is not responsible for any fees, charges or errors of the App Store Provider or any payment processor.

Unless otherwise stated at the point of purchase, each Subscription shall automatically renew for successive periods equal to the initial subscription period of [Subscription Period] at the then-current rate, unless the End User cancels the Subscription through its App Store account settings at least [Cancellation Notice Period] before the end of the then-current period. Cancellation takes effect at the end of the current billing period, and no partial refunds shall be given for any unused portion.

The Licensor may offer free trials, introductory pricing or promotional offers on terms to be specified at the time of the offer. Unless the End User cancels before the end of a free trial or promotional period, the End User will be charged the applicable Fees on its expiry. The Licensor may withdraw or modify any such offer at any time.

All Fees are stated exclusive of any applicable sales, use, value added, goods and services, withholding or similar taxes, which shall be borne by the End User, except for taxes based on the Licensor's net income. The Licensor may change its Fees at any time, with any change to Subscription Fees taking effect at the start of the next renewal period following notice to the End User.

Except as expressly stated in this Agreement or required by applicable law, all payments are final and non-refundable, and In-App Purchases are non-transferable and have no cash value. Any refund requests shall be handled in accordance with the policies of the applicable App Store Provider, and, where the Licensor is entitled to determine a refund, it may do so in its sole discretion.

The End User acknowledges that digital Content and virtual items obtained through In-App Purchases are licensed and not sold, and that access to them may be lost upon termination or suspension of this Agreement for the End User's breach, or upon discontinuation of the Application.

If the End User fails to pay any Fees when due, or if a payment is reversed, charged back or declined, the Licensor may suspend or terminate the End User's access to the relevant In-App Purchases, Subscriptions or the Application without liability.

The Licensor may, in its sole discretion and without obligation, develop and make available Updates from time to time. Updates may be delivered automatically or may require the End User to download and install them manually, and may be subject to the terms of this Agreement or to additional terms notified at the time.

The End User acknowledges that certain Updates may be necessary for continued use of the Application, and that failure to install an Update may result in loss of functionality, reduced performance, security vulnerabilities, or inability to access the Application. The Licensor shall have no liability for any such consequence.

The Licensor reserves the right, at any time and without notice, to modify, suspend, restrict, replace or discontinue, temporarily or permanently, the Application or any feature, Content or functionality of it, including by changing system requirements or supported Authorized Devices.

Except where required by applicable law, the Licensor shall have no obligation to provide any Updates, maintenance, support, or technical assistance. Where the Licensor elects to provide support, it shall do so during the hours and through the channels determined by the Licensor at [Support Hours and Channels].

Where a material modification adversely affects a paid Subscription, the Licensor may, in its sole discretion, offer a pro-rata credit or refund for the unused portion of the relevant Subscription period, and such offer shall be the End User's sole and exclusive remedy in respect of that modification, save as required by applicable law.

The End User shall be responsible for any data, mobile connectivity or other charges incurred in downloading or using Updates. Each Update shall be deemed part of the Application and subject to this Agreement.

The End User shall use the Application only for lawful purposes and in accordance with this Agreement. The End User shall not, and shall not permit or authorize any third party to, copy, reproduce, modify, adapt, translate, or create derivative works of the Application or any part of it, except as expressly permitted by this Agreement or mandatory law.

The End User shall not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, algorithms, data structures or underlying ideas of the Application, except to the limited extent that such restriction is expressly prohibited by applicable law, and then only after giving the Licensor prior written notice.

The End User shall not rent, lease, lend, sell, sublicense, assign, distribute, publish, host, transfer, or otherwise commercially exploit the Application, or make it available to any third party, including through time-sharing, service bureau or software-as-a-service arrangements.

The End User shall not remove, alter or obscure any proprietary notices, labels or marks on the Application, or use the Licensor's trademarks, logos or trade names without the Licensor's prior written consent.

The End User shall not: (a) circumvent, disable or interfere with any security, access control, digital rights management or other protective features of the Application; (b) introduce any virus, malware, or harmful code; (c) use any robot, spider, scraper, or automated means to access the Application; (d) probe, scan or test the vulnerability of the Application; or (e) interfere with or disrupt the integrity or performance of the Application or its related systems or networks.

The End User shall not use the Application on any device that has been modified, "jailbroken," "rooted," or otherwise has had its manufacturer-installed software restrictions removed, or to access the Application by any means other than the interfaces provided by the Licensor.

The End User shall not use the Application to: (a) violate any applicable law or the rights of any third party; (b) transmit unlawful, defamatory, obscene, harassing, discriminatory or otherwise objectionable material; (c) impersonate any person or entity; (d) engage in fraud or deceptive practices; or (e) use the Application to build a competing product or service or to benchmark it for competitive purposes.

The Licensor may monitor use of the Application for compliance with this Agreement and may take any action it considers appropriate in response to a breach or suspected breach, including removal of content, suspension or termination of access, and reporting to law enforcement or regulatory authorities.

The Application, including all Content, software, code, user interfaces, designs, graphics, text, audio, video, trademarks, logos, and all Intellectual Property Rights therein, is and shall remain the exclusive property of the Licensor or its licensors. Nothing in this Agreement transfers ownership of any of the foregoing to the End User.

The names, logos and marks of the Licensor, including [Licensor Trademarks], and of the Application are trademarks of the Licensor. Nothing in this Agreement grants the End User any right to use any such trademark, and all goodwill arising from any use of such trademarks shall inure solely to the Licensor.

The Application may include software licensed by third parties, including open-source software. Such third-party software is subject to its own license terms, which are available at [Third-Party Notices Location], and which shall prevail over this Agreement to the extent that they grant rights greater than those granted here with respect to such software.

The End User shall promptly notify the Licensor of any actual or suspected unauthorized use of the Application or infringement of the Licensor's Intellectual Property Rights of which it becomes aware, and shall provide such reasonable assistance as the Licensor may request.

The End User acknowledges that any breach of this Section or Section 7 would cause the Licensor irreparable harm for which damages would be an inadequate remedy, and that the Licensor shall be entitled to seek injunctive or other equitable relief, without the requirement of posting a bond, in addition to any other remedies available.

Where a third party claims that the Application infringes its Intellectual Property Rights, the Licensor may, at its option and without obligation, modify the Application, procure a right for continued use, or discontinue the affected functionality, and such actions shall constitute the Licensor's entire liability in respect of any such claim, to the extent permitted by law.

The End User retains ownership of its User Content, subject to the license granted in this Section. The End User is solely responsible for its User Content, including its accuracy, legality, and appropriateness, and for ensuring that it has all rights necessary to submit it.

The End User grants the Licensor a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual license to use, host, store, reproduce, modify, adapt, publish, display, distribute and otherwise process the User Content for the purposes of operating, providing, maintaining, improving and promoting the Application and the Licensor's business, subject to the Licensor's Privacy Policy as regards personal data.

The End User represents and warrants that its User Content, and its submission and the Licensor's use of it as permitted by this Agreement, will not infringe, misappropriate or violate any Intellectual Property Right, privacy right, or other right of any third party, and will not violate any applicable law or this Agreement.

The Licensor has no obligation to monitor, host, retain or back up User Content, but may, in its sole discretion, review, remove, disable access to, or refuse to publish any User Content at any time and for any reason, without notice or liability.

If the End User provides any suggestions, ideas, comments, feedback or recommendations concerning the Application ("Feedback"), the End User hereby assigns to the Licensor all right, title and interest in and to the Feedback, and agrees that the Licensor may use the Feedback for any purpose without restriction, attribution or compensation. To the extent assignment is not permitted, the End User grants the Licensor an exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable and sublicensable license to use the Feedback.

The End User waives, and agrees not to assert against the Licensor or its licensees, any moral rights or similar rights in its User Content and Feedback to the fullest extent permitted by applicable law.

The Licensor may preserve and disclose User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims, or protect the rights, property or safety of the Licensor, End Users or the public.

The Licensor collects, uses, stores and discloses information about the End User and its use of the Application in accordance with its privacy policy available at [Privacy Policy URL] (the "Privacy Policy"), which is incorporated into this Agreement by reference. By using the Application, the End User acknowledges the practices described in the Privacy Policy.

The information that the Licensor may collect includes information provided by the End User, device and technical information, usage data, location data (where enabled), and information obtained from App Stores or third-party services, as more fully described in the Privacy Policy.

The Licensor may use such information to provide, maintain, secure and improve the Application, to process transactions, to communicate with the End User, to personalize the End User's experience, to analyze usage, to enforce this Agreement, and for other purposes described in the Privacy Policy. The Licensor may also create and use aggregated or anonymized data, which shall be owned by the Licensor and not be treated as personal data.

The Licensor may disclose information to service providers, affiliates, successors, professional advisers, and as required by law or legal process, in each case in accordance with the Privacy Policy.

The Licensor implements measures it considers reasonable to protect information in its possession, but cannot guarantee absolute security. The End User acknowledges that transmission of information over the internet and mobile networks is inherently insecure and accepts the risks of such transmission.

Where the End User provides personal data of third parties through the Application, the End User warrants that it has obtained all necessary consents and authority to do so and shall comply with all applicable data protection laws.

The Licensor may transfer, store and process information in jurisdictions other than the End User's place of residence, including [Data Processing Locations], and the End User consents to such transfer, subject to applicable law. The End User may exercise any data rights available to it by contacting [Data Protection Contact].

The Application may contain or provide access to third-party services, websites, software, advertising, content, or products, including services of App Store Providers, social media platforms, analytics providers, and payment processors ("Third-Party Services"). Such Third-Party Services are not owned or controlled by the Licensor.

The Licensor does not endorse, and makes no representation or warranty regarding, any Third-Party Services, and is not responsible for their availability, accuracy, legality, content, security, privacy practices, or performance. Any access to or use of Third-Party Services is at the End User's own risk and subject to the terms and policies of the relevant third party.

The End User shall be solely responsible for any dealings with third parties found through or in connection with the Application, including payment and delivery of goods or services, and any terms, conditions, warranties or representations associated with such dealings. The Licensor shall not be a party to or responsible for such dealings.

Third-Party Services may be changed, suspended, or discontinued at any time, and the Licensor shall have no liability for any resulting loss of functionality in the Application.

The Licensor may display advertisements and promotional material in the Application, and the End User agrees that the Licensor is not responsible for the content of, or any loss or damage arising from reliance on, any such advertisements or material.

The availability of the Application depends upon third-party networks, devices, operating systems and services that are outside the Licensor's control, and the Licensor shall have no liability for any failure, delay or interruption attributable to them.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, CONTENT AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE END USER ASSUMES THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AND USE OF THE APPLICATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE LICENSOR DOES NOT WARRANT THAT THE APPLICATION WILL MEET THE END USER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, BE SECURE, ACCURATE, COMPLETE OR RELIABLE, BE COMPATIBLE WITH ANY DEVICE OR SOFTWARE, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

THE LICENSOR MAKES NO WARRANTY REGARDING ANY CONTENT, INFORMATION OR RESULTS OBTAINED THROUGH THE APPLICATION, AND THE END USER SHALL NOT RELY ON THE APPLICATION AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR FOR ANY PURPOSE IN WHICH FAILURE OR INACCURACY COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE LICENSOR OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of certain warranties, and accordingly some of the above exclusions may not apply to the End User. In such case, the Licensor's warranties shall be limited to the minimum extent and duration permitted by applicable law. Nothing in this Agreement excludes any warranty or liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE LICENSOR AND ITS AFFILIATES, LICENSORS AND SUPPLIERS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY THE END USER TO THE LICENSOR FOR THE APPLICATION DURING THE [Liability Look-Back Period] PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) [Liability Cap Amount].

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LICENSOR SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF GOD, NETWORK OR UTILITY FAILURES, CYBER ATTACKS, GOVERNMENTAL ACTION, LABOR DISPUTES, PANDEMICS, WAR OR TERRORISM.

THE END USER ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS IN THIS AGREEMENT REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE FEES (IF ANY) WOULD BE SUBSTANTIALLY HIGHER WITHOUT THEM.

NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, WHERE SUCH LIMITATION OR EXCLUSION IS PROHIBITED.

The End User shall defend, indemnify and hold harmless the Licensor, its affiliates, and their respective directors, officers, employees, agents, licensors, successors and assigns (the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, settlements, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) the End User's use or misuse of the Application; (b) the End User's breach of this Agreement; (c) the End User's User Content or Feedback; or (d) the End User's violation of any applicable law or any right of a third party.

The Licensor shall notify the End User of any claim for which it seeks indemnification, provided that failure to give prompt notice shall relieve the End User of its obligations only to the extent it is materially prejudiced thereby.

The Licensor shall have the right, at its option and at the End User's expense, to assume the exclusive defense and control of any matter subject to indemnification, and the End User shall cooperate fully with the Licensor in such defense. The End User shall not settle any claim in a manner that imposes any obligation or admission on an Indemnified Party without the Licensor's prior written consent.

The End User's obligations under this Section shall survive termination or expiry of this Agreement and shall be in addition to any other rights or remedies available to the Licensor.

Where the End User is a consumer and mandatory law restricts the enforceability of indemnities against consumers, the obligations in this Section shall apply only to the maximum extent permitted by such law.

This Agreement shall commence on the Effective Date or the date the End User first downloads, installs or uses the Application, whichever is earlier, and shall continue until terminated in accordance with this Agreement.

The End User may terminate this Agreement at any time by uninstalling the Application and ceasing all use of it, and by cancelling any active Subscription in accordance with Section 5. Termination by the End User shall not entitle it to any refund except as required by applicable law.

The Licensor may suspend, restrict or terminate this Agreement and the End User's access to the Application, in whole or in part, at any time, with or without cause and with or without notice, including if the Licensor reasonably believes that the End User has breached this Agreement, has engaged in unlawful or fraudulent activity, or poses a security risk, or if the Licensor discontinues the Application. Where practicable, the Licensor shall give not less than [Notice Period] notice of termination without cause.

This Agreement and the license granted hereunder shall terminate automatically and immediately, without notice, if the End User fails to comply with any provision of this Agreement.

Upon termination for any reason, all rights granted to the End User shall immediately cease, and the End User shall: (a) stop all use of the Application; (b) delete and remove the Application and all copies from all Authorized Devices; and (c) pay any outstanding Fees. The Licensor may delete any data or User Content associated with the End User's account, subject to applicable law and the Privacy Policy.

Termination shall not affect any rights, remedies, obligations or liabilities accrued prior to termination. Sections 1, 4, 7, 8, 9, 10, 12, 13, 14, 15, 17 and 18, and any other provisions which by their nature are intended to survive, shall survive termination or expiry of this Agreement.

Suspension or termination under this Section shall not limit any other remedy available to the Licensor, and the Licensor shall have no liability to the End User or any third party for any suspension or termination made in accordance with this Agreement.

The Application, and any related technology, may be subject to export control, import, sanctions and trade restriction laws and regulations of various jurisdictions. The End User shall comply with all such laws and regulations applicable to its use of the Application.

The End User represents and warrants that: (a) it is not located in, under the control of, or a national or resident of any country or territory subject to comprehensive embargo or sanctions; (b) it is not listed on any governmental list of prohibited or restricted parties; and (c) it will not use the Application for any purpose prohibited by applicable export control or sanctions laws, including the development of weapons.

The End User shall not export, re-export, transfer or make available the Application, directly or indirectly, in violation of any applicable laws or regulations, or to any prohibited person, entity, destination or end use.

The End User shall comply with all laws and regulations applicable to its use of the Application, including those relating to privacy, data protection, consumer protection, anti-corruption, intellectual property, and telecommunications, in [Applicable Jurisdiction] and in any other jurisdiction in which it uses the Application.

The Licensor makes no representation that the Application is appropriate or available for use in any particular location. Those who access or use the Application from other locations do so on their own initiative and are responsible for compliance with local laws.

If the Application is acquired by or on behalf of a governmental body, the Application is a "commercial item" and is licensed with only those rights granted to all other End Users under this Agreement.

The Licensor may take any action it considers necessary to comply with applicable legal or regulatory requirements, including suspending or restricting access to the Application, and shall have no liability for doing so.

This Agreement, and any dispute, claim or controversy arising out of or relating to it, its subject matter, formation, breach, or the Application, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of [Governing Law Jurisdiction], without regard to its conflict of laws rules.

The parties shall first attempt in good faith to resolve any dispute informally. The End User shall send a written notice of dispute to the Licensor at [Licensor Notice Address], describing the nature of the dispute and the relief sought, and the parties shall negotiate in good faith for a period of [Informal Resolution Period] from receipt of such notice before commencing any formal proceedings.

Any dispute not resolved informally shall be finally resolved by [binding arbitration administered by [Arbitration Institution] in accordance with its rules / the courts specified in this Section]. The seat of arbitration shall be [Seat of Arbitration], the language shall be [Language], and the tribunal shall consist of [Number of Arbitrators] arbitrator(s). Judgment on the award may be entered in any court of competent jurisdiction.

To the extent that any dispute is not subject to arbitration, or for the purposes of seeking interim, injunctive or equitable relief, or enforcing the Licensor's Intellectual Property Rights, the courts of [Governing Court Jurisdiction] shall have exclusive jurisdiction, and each party irrevocably submits to the jurisdiction and venue of such courts.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS, AND THE END USER WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST THE LICENSOR.

Any claim or cause of action arising out of or related to this Agreement or the Application must be filed within [Limitation Period] after such claim or cause of action arose, or be forever barred, to the extent permitted by applicable law.

The prevailing party in any proceeding shall be entitled to recover its reasonable costs and legal fees, to the extent permitted by applicable law, and the Licensor shall be entitled to recover such costs in any action to enforce its Intellectual Property Rights or the restrictions in Section 7.

Nothing in this Section deprives a consumer End User of any mandatory right to bring proceedings in the courts of its place of residence, where such right cannot be waived under applicable law.

This Agreement, together with the Privacy Policy and any additional terms expressly referred to herein or notified within the Application, constitutes the entire agreement between the End User and the Licensor concerning the Application and supersedes all prior or contemporaneous understandings, representations and agreements, whether written or oral, regarding its subject matter.

If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible or, if incapable of enforcement, severed, and the remaining provisions shall continue in full force and effect.

No failure or delay by the Licensor in exercising any right or remedy shall operate as a waiver of it, and no single or partial exercise of any right or remedy shall preclude any further exercise of it. Any waiver must be in writing and signed by the Licensor to be effective.

The End User may not assign, delegate or transfer this Agreement or any rights or obligations under it, in whole or in part, without the Licensor's prior written consent, and any attempted assignment in violation of this provision shall be void. The Licensor may freely assign, delegate or transfer this Agreement, in whole or in part, including in connection with a merger, acquisition, or sale of assets, without notice to or consent of the End User.

The Licensor may provide notices to the End User by email, by posting within the Application or on [Licensor Website URL], or by other reasonable means, and such notices shall be deemed received [Deemed Receipt Period] after being sent or posted. Notices to the Licensor shall be in writing and sent to [Licensor Notice Address] and [Licensor Email Address].

The relationship between the parties is that of independent contracting parties, and nothing in this Agreement creates any partnership, joint venture, agency, fiduciary or employment relationship. Except for the App Store Providers as stated in Section 4, no third party has any right to enforce any term of this Agreement.

This Agreement is made in the English language, and any translation is provided for convenience only, with the English version prevailing in the event of conflict. Headings are for reference only and have no legal effect.

The End User may contact the Licensor with any questions regarding this Agreement at [Licensor Contact Name], [Licensor Email Address], [Licensor Postal Address].