End User License Agreement (EULA)
Ever10 Ltd ("us", "we", or "our") operates the Re/Align, Splittable and Howjsay mobile applications ("our Apps").
This End User License Agreement (“Agreement”) is between you and Ever10 Ltd and governs use of this app made available through the Apple App Store and/or Google Play. By installing our Apps, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use our Apps.
2. Scope of License
Ever10 Ltd grants you a limited, non-exclusive, non-transferable, revocable license to use our Apps for your personal, non-commercial purposes. You may only use our iOS Apps on Apple devices that you own or control and as permitted by the App Store Terms of Service.
3. Maintenance and Support
Ever10 Ltd does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Ever10 Ltd, not Apple or Google, shall be obligated to furnish any such maintenance or support.
Ever10 Ltd disclaims all warranties about our Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Ever10 Ltd, not Apple or Google, shall be solely responsible for such warranty.
5. Product Claims
Re/Align is not a medical device, has not been reviewed by the FDA, and is not intended as a substitute for medical advice from a qualified healthcare professional or replace any medical diagnosis or treatment.
Ever10 Ltd, not Apple or Google, is responsible for addressing any claims by you relating to our Apps or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that our Apps fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
6. Intellectual Property Claims
Ever10 Ltd shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to our Apps. To the extent Ever10 Ltd is required to provide indemnification by applicable law, Ever10 Ltd, not Apple or Google, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that our Apps or your use of it infringes any third party intellectual property right.
You may choose to or we may invite you to submit comments or ideas about our Apps, including, without limitation, about how to improve our Apps or our other products or services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ever10 Ltd under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Ever10 Ltd does not waive any rights to use similar or related ideas previously known to Ever10 Ltd, or developed by its employees or contractors, or obtained from sources other than you.
7. Legal Compliance
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 may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained
8. Developer Name and Address
86-90 Paul Street
We can be reached via the contact form on this page.
9. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using our Apps (e. g. your wireless data service agreement). Your right to use our Apps will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS (Apple or Google) has no obligation whatsoever to furnish any maintenance and support services with respect to our Apps.
10. Third Party Beneficiary
Apple, Apple subsidiaries, and Google are third party beneficiaries of the EULA, and that, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted right) to enforce the agreement against you.