This End User License Agreement (EULA) is solely between Flusterless ("Licensor") and you the user, not Apple Inc or Google Inc ("Intermediary"). The Licensor, not the Intermediary, bears sole responsibility for the Flusterless app and content therein.
Flusterless grants you a limited, non-exclusive, non-transferable, revocable license to use the Flusterless native apps for your personal, non-commercial purposes. You may only use the Flusterless app on a device that you own or control and as permitted by the Intermediary Terms of Service.
Flusterless, not the Intermediary, will provide maintenance and support to the extent of ensuring the Flusterless application remains stable, and benefits gained from active subscriptions are available. To the extent that any maintenance or support is required by applicable law, Flusterless, not the Intermediary, shall be obligated to furnish any such maintenance or support.
The Flusterless native apps are provided on an "as is" basis. As such, Flusterless disclaims all warranties about the Flusterless native apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Flusterless, not the Intermediary, shall be solely responsible for such warranty.
Flusterless, not the Intermediary, is responsible for addressing any claims you or any third party make relating to Flusterless or your possession and/or use of Flusterless, including, but not limited to: (i) product liability claims; (ii) any claim that Flusterless fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Nothing herein shall be deemed an admission that you have made such claims.
To the extent Flusterless is required to provide indemnification by applicable law, Flusterless, not the Intermediary, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Flusterless native apps or your use of them infringes any third party intellectual property right.
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.
You must also comply with applicable third party terms of agreement when using Flusterless (e.g. your wireless data service agreement).
The Intermediary is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
Flusterless c/o Quantum Commune
86-90 Paul Street