TTMM-S for Fitbit Versa
END USER LICENSE AGREEMENT
Please read this End User License Agreement (“EULA”) carefully before downloading and using the software in the meaning stated below. By downloading or using that software or downloading software updates, as applicable, you are agreeing to be bound to the terms of this EULA and connected Privacy Policy for the whole time. If you do not agree to be bound to any provision of this EULA, please refrain from downloading and using that software.
1. General Provisions
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1.1.
This EULA sets out conditions, in accordance with which TTMM Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with its registered office in Warsaw, Poland, address: ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, entered into the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy), kept by the District Court of the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register (Sąd Rejonowy dla m.st. Warszawy w Warszawie, XII Wydział Gospodarczy Krajowego Rejestru Sądowego) under KRS number: 0000789113, Tax Identification Number (NIP): 7010928954, share capital of 5 000 PLN (in words: five thousand Polish zlotys) (“TTMM”) allows you to use the software, consisting of an App Store app “TTMM-S for Fitbit Versa” and collection of watch face apps (clock faces, “TTMM-S watch face app”), hereinafter jointly referred to as the: “Software“. Privacy Policy, available at https://ttmm.is/privacy-policy/, constitutes an integral part of this EULA. You are also require to comply with any terms and conditions regarding the Software, if provided by TTMM.
This EULA sets out conditions, in accordance with which TTMM Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with its registered office in Warsaw, Poland, address: ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, entered into the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy), kept by the District Court of the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register (Sąd Rejonowy dla m.st. Warszawy w Warszawie, XII Wydział Gospodarczy Krajowego Rejestru Sądowego) under KRS number: 0000789113, Tax Identification Number (NIP): 7010928954, share capital of 5 000 PLN (in words: five thousand Polish zlotys) (“TTMM”) allows you to use the software, consisting of an App Store app “TTMM-S for Fitbit Versa” and collection of watch face apps (clock faces, “TTMM-S watch face app”), hereinafter jointly referred to as the: “Software“. Privacy Policy, available at https://ttmm.is/privacy-policy/, constitutes an integral part of this EULA. You are also require to comply with any terms and conditions regarding the Software, if provided by TTMM.
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1.2.
The Software, as may be updated or replaced by future software updates, is licensed, not sold, to you by TTMM. The Software and any of its parts are protected by copyright laws as well as other intellectual property laws. This EULA does not include the right to receive and use the source code or object code of the Software. Furthermore TTMM name and TTMM logo are registered trademarks of TTMM in European Union and other countries. All other trademarks are the property of their respective owners.
The Software, as may be updated or replaced by future software updates, is licensed, not sold, to you by TTMM. The Software and any of its parts are protected by copyright laws as well as other intellectual property laws. This EULA does not include the right to receive and use the source code or object code of the Software. Furthermore TTMM name and TTMM logo are registered trademarks of TTMM in European Union and other countries. All other trademarks are the property of their respective owners.
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1.3.
The Software contains a collection of TTMM’s clock faces, equipped with the weather, UV level and air quality index features. The Software is made for the Fitbit Versa, Fitbit Versa 2 and Fitbit Versa Lite smartwatches and available in a subscription plan after paying relevant licensing fee. On the terms described in this EULA, it can show current weather and air quality information and it is also equipped with a weather alert option (dangerous weather, very high UV or unhealthy Air Quality Index), as well as it may have other functionalities if provided by TTMM.
The Software contains a collection of TTMM’s clock faces, equipped with the weather, UV level and air quality index features. The Software is made for the Fitbit Versa, Fitbit Versa 2 and Fitbit Versa Lite smartwatches and available in a subscription plan after paying relevant licensing fee. On the terms described in this EULA, it can show current weather and air quality information and it is also equipped with a weather alert option (dangerous weather, very high UV or unhealthy Air Quality Index), as well as it may have other functionalities if provided by TTMM.
2. Permitted use and restrictions
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2.1.
Subject to terms of this EULA, you are granted a limited, non-exclusive, non-transferable, revocable license to install and use the Software without any territorial restrictions within your private use only (i.e. not commercially). This EULA does not allow you to use the TTMM watch face app on more than one Fitbit Versa smartwatch at the same time; however TTMM-S for Fitbit Versa may be used on your and your family’s Apple account. You can use the Software solely as follows:
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a) you can use the Software in accordance with its intended purpose, i.e. to install it on your Fitbit Versa smartwatch and connect it with your Apple device (e.g. iPhone), and use it to receive content provided through the Software from, for instance, your mobile phone, Fitbit App and the weather information provider – https://www.weatherbit.io, as well as to screen, sent, store, get access, record, multiply it, insert your own data, export effects of using the Software and publicly display them,
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b) you may not, and agree not to, copy (except as explicitly permitted by this EULA), adapt, decompile, reverse engineer, disassemble, attempt to derive source code of, create derivate works or modify the Software or any of its parts,
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c) you may not transfer, assign, rent, lease, lend, sell, bring on the market or redistribute this Software, or sublicense proprietary copyrights to it without additional consent given by TTMM,
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d) you cannot use the Software to provide services of a profitable nature,
d) you cannot use the Software to provide services of a profitable nature,
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e) you may not remove, obscure or alter any proprietary notices, including trademark and copyright notices, and information about the Software’s authors from the Software,
e) you may not remove, obscure or alter any proprietary notices, including trademark and copyright notices, and information about the Software’s authors from the Software,
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f) you cannot use the Software in a way that may potentially be illegal, offensive, obscene, immoral, publicly objectionable within the online community, or deteriorate quality, value and reputation of TTMM,
f) you cannot use the Software in a way that may potentially be illegal, offensive, obscene, immoral, publicly objectionable within the online community, or deteriorate quality, value and reputation of TTMM,
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g) you may not use the license to the Software in a way that leads to breaching the rights of third parties,
g) you may not use the license to the Software in a way that leads to breaching the rights of third parties,
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h) you agree to use the Software in compliance with applicable laws, including local laws of the region or the country you reside in,
h) you agree to use the Software in compliance with applicable laws, including local laws of the region or the country you reside in,
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i) you acknowledge that TTMM-S for Fitbit Versa may be installed without restrictions, however the TTMM-S watch face app may be installed only on one Fitbit Versa smartwatch at the time,
i) you acknowledge that TTMM-S for Fitbit Versa may be installed without restrictions, however the TTMM-S watch face app may be installed only on one Fitbit Versa smartwatch at the time,
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j) the Software may be co-shared on a family account and stored on your device,
j) the Software may be co-shared on a family account and stored on your device,
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k) you acknowledge that if automatic app updates on your Apple device is enabled, updates on your Apple device and your Fitbit Versa smartwatch regarding the Software may automatically download to said devices when available; to turn off automatic app updates, you can change the settings on your devices,
k) you acknowledge that if automatic app updates on your Apple device is enabled, updates on your Apple device and your Fitbit Versa smartwatch regarding the Software may automatically download to said devices when available; to turn off automatic app updates, you can change the settings on your devices,
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l) you represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties,
l) you represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties,
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m) any rights that have not been explicitly granted in this EULA are considered not granted; this EULA does not grant you any proprietary rights regarding the Software, and under any circumstances cannot be understood as sales agreement,
m) any rights that have not been explicitly granted in this EULA are considered not granted; this EULA does not grant you any proprietary rights regarding the Software, and under any circumstances cannot be understood as sales agreement,
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n) you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
n) you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
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2.2.
Copyrights and other intellectual property rights, industrial property laws and property rights to the services are owned by TTMM and/or its providers. TTMM gives you consent to use its services solely in accordance with conditions of this EULA. TTMM reserves all the rights not explicitly given in this EULA.
Copyrights and other intellectual property rights, industrial property laws and property rights to the services are owned by TTMM and/or its providers. TTMM gives you consent to use its services solely in accordance with conditions of this EULA. TTMM reserves all the rights not explicitly given in this EULA.
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2.3.
Pursuant to the applicable provisions on the rights of third parties, a person who is not a party to this EULA, does not have any rights to rely on any term of the content of EULA or its implementation. However, this does not affect rights or remedies vested in third parties on a basis other than applicable law, if this is not contrary to the provisions of EULA.
Pursuant to the applicable provisions on the rights of third parties, a person who is not a party to this EULA, does not have any rights to rely on any term of the content of EULA or its implementation. However, this does not affect rights or remedies vested in third parties on a basis other than applicable law, if this is not contrary to the provisions of EULA.
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2.4.
In case of any third party’s claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, TTMM will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. However TTMM shall not be obligated to indemnify or defend you with respect to any third party’s claim arising out of or relating to the Software unless to the extend that is required by applicable law.
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2.5.
In any case of breaching the EULA and violating copyrights or other intellectual property rights by you, you have to inform TTMM by sending information to email address: now@ttmm.is within 7 (seven) days of finding the breach or violation.
3. Technical requirements
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3.1.
To be able to make use of the Software, following technical conditions must be fulfilled:
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a) to install the Software you need an Apple device with the IOS operating system and an access to the App Store as well as a Fitbit Versa smartwatch with installed Fitbit application ,
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b) you need to install TTMM-S for Fitbit Versa app to your Apple device,
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c) to fully make use of the Software you need a stable internet connection, Bluetooth connection and access to GPS coordinates.
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3.2.
TTMM-S watch face app can be purchased in a content subscription through TTMM-S for Fitbit Versa app, which can be downloaded from the App Store. TTMM-S watch face app is to be uploaded to your Fitbit smart watch.
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3.3.
Information on the TTMM-S watch face app may consist of:
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a) general information such as time, date, day of the week, week of the year etc.,
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b) information from the smartwatch you have consented to use, such as battery level, pulse, steps counted, distance covered, calories burned etc.,
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c) weather information from https://weatherbit.io: temperature, type of weather, UV index, AQ index, accessed through the Fitbit app.
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3.4.
Depending on type and design of TTMM-S watch face app and the type of the smartwatch you use, you may not be able to receive all the information from weather subscription – some clock faces are not equipped with weather condition view, air quality view or UV index view. Therefore, if applicable, in those cases your use of the Software may not be full. TTMM is not liable for those restrictions.
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3.5.
TTMM hereby informs you that in case of alterations made by you or other person in the operating system of your devices or installing or using other types of software or apps which may affect the use of the Software, the Software may not work or may not work properly, for which TTMM is not liable.
4. Consent to use of data
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TTMM does not collect any personal information of you. You acknowledge that TTMM may collect and use anonymized technical data and related information gathered to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. TTMM may use this information to improve its products or to provide services or technologies to you. However TTMM’s partners, which applications you also use, may collect and use information personally identifying you (e.g. location data). Therefore TTMM encourages you to read their relevant privacy statements regarding processing of your data. In accordance to the above, you can find the privacy policy of Fitbit, Inc. here: https://www.fitbit.com/us/legal/privacy-policy#info-we-collect.
5. Contract termination
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5.1.
The license for the TTMM-S watch face app is granted to you for a period of 1 (one) month, auto-renewable after paying licensing fee for another month. You can turn off auto-renew at least 24 (twenty-four) hours before the end of the current monthly period. Your rights under the EULA will then terminate automatically after that period. The license for TTMM-S for Fitbit Versa is however granted for an indefinite period.
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5.2.
In case you breach any of the provisions, this EULA or any terms and conditions regarding Software (if provided by TTMM), TTMM has the right to terminate this Agreement before the end of the one month period, effective immediately. Therefore TTMM reserves the right to stop providing updates, new versions and supplements to services delivered to or uploaded to you by using the Software. Provisions of this EULA that due to their nature will continue to be in force after the termination of this EULA will oblige you after the termination. In case of the termination, TTMM may especially deny access to the weather data received through Software from the weather information provider.
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5.3.
Upon the termination of the EULA, you shall cease to use the Software and uninstall it relevant parts from your devices. Failure to comply with the above sentence may expose you to additional costs related to continued use of the Software.
6. Limitation of liability
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6.1.
EXTENT NOT PROHIBITED BY LAW, IN NO WAY SHALL TTMM BE LIABLE FOR PERSONAL INJURY OR ANY ACCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TTMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, TTMM SHALL NOT BE LIABLE FOR YOUR ACTS OR OMMISIONS BREACHING THE PROVISIONS OF THIS EULA OR PROVISIONS OF APPLICABLE LAW, ACTS OR OMMISIONS OF INTERNET SERVICE PROVIDERS, ANY DAMAGE CAUSED BY FAILURES OF YOUR DEVICES, YOUR USE OF DEVICES INCOMPATIBLE WITH THE SOFTWARE OR YOUR INABILITY TO USE THE SOFTWARE OR OTHER PROBLEMS WITH USING THE SOFTWARE ESPECIALLY CAUSED BY LACK OF INTERNET CONNECTION, LACK OF BLUETOOTH CONNECTION, LACK OF CONNECTION WITH THE FITBIT APP OR INACCURATE GPS OR WEATHER DATA (INCLUDING ALERTS). TTMM IS NOT LIABLE FOR RESTRICTIONS IN USING OR INABILITY TO USE THE SOFTWARE TO THE FULLEST, IF SUCH RESTRICTIONS ARE BASED ON INCOMPATIBILITY OF YOUR SMARTWATCH OR FUNCTIONALITIES AND DESIGN OF THE CLOCK FACES YOU HAVE SUBSCRIBED TO.
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6.2.
TTMM AND OTHER THIRD PARTIES ENGAGED IN PROVIDING SERVICES TO YOU (“THIRD PARTIES”) ARE NOT LIABLE FOR THE CONTENT OF WEBSITES OR SERVICES OF THIRD PARTIES, LINKS IN WEBSITES OR SERVICES OF THIRD PARTIES AND CHANGES OR UPDATES OF WEBSITES OR SERVICES OF THE THIRD PARTIES DONE FOR THE PURPOSES OF THE SERVICE OR IN ANY OTHER WAY. TTMM (AND, IF APPLICABLE, ANY OTHER PARTY) SHARES LINKS AND GIVES ACCESS TO WEBSITES AND SERVICES OF THIRD PARTIES FOR YOU ONLY FOR CONVENIENCE REASONS, AND SHARING ANY LINKS OR GIVING ACCESS DOES NOT SUGGEST SUPPORTING GIVEN WEBSITE OR SERVICE OF THE THIRS PARTY BY TTMM OR THIRD PARTIES. YOU DECIDE HOW YOU WANT TO USE LINKS OR WEBSITES OF THIRD PARTIES AND YOU TAKE ALL THE RISK CONNECTED TO IT. YOU SHALL NOT USE IT IN ANY ILLEGAL WAY OR TO COMMIT FRAUD.
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6.3.
NEITHER TTMM, NOR ITS PROVIDERS ARE LIABLE (ON THE BASIS OF CONTRACT LIABILITY, NEGLIGENCE OR ANY OTHER) FOR YOU OR THIRD PARTIES: (I) ON THE ACCOUNT OF THE LACK OF POSSIBILITY TO USE DEVICES OF THIRD PARTIES OR ACCESS TO DATA, THE LOSS OF DAMAGE OF DATA, BUSINESS DAMAGE, LOSS OF PROFIT, INCOME AND EXPECTED SAVINGS, DISRUPTION OF ACTIVITY, OR OTHER SIMILAR INCIDENTS (NO MATTER IF A GIVEN LOSS OR DAMAGE IS DIRECT OR INDIRECT); OR (II) ON THE ACCOUNT OF ALL INDIRECT, ACCIDENTAL, SECONDARY, LOSSES OR DAMAGES OF ANY KIND, IN ANY CASE, RESULTING FROM USING OR INABILITY TO USE THE SERVICES, EVEN IF TTMM HAS BEEN INFORMED ON THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
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6.4.
REGARDLESS OF DAMAGES YOU CAN SUFFER FROM FOR ANY REASON (IN PARTICULAR ANY DAMAGES LISTED IN THIS EULA AND ALL DIRECT AND GENERAL DAMAGES BASED ON CONTRACT LIABILITY OR OTHER BASIS), TTMM’S TOTAL LIABILITY AND LIABILITY OF ITS PROVIDERS RESULTING FROM THIS EULA OR CONNECTED WITH IT, IS RESTRICTED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE TIME THIS EULA IS BINDING.
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6.5.
If you are a consumer, depending on the country or region you reside in, the laws of that region or country may not allow the limitation or exclusion of liability to apply to you to the extend stated above.
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6.6.
In all cases, the above limitation of liability does not apply to damage caused by intentional fault of TTMM.
7. Disclaimer of warranties
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7.1.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
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7.2.
THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED AND TTMM SPECIFICALLY DISCLAIMS THE WARRANTIES REGARDING THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
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7.3.
TTMM DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE (ESPECIALLY THE ONE PROVIDED BY THE EXTERNAL PROVIDER), THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
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7.4.
TTMM does not provide any maintenance or support for the download and use of the Software. However only TTMM may be responsible for providing any maintenance and support services with respect to the Software, if required under applicable law. You and TTMM acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
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7.5.
You agree that TTMM has no obligation to provide any updates, upgrades, patches, bug fixes or other modifications of the Software, but can provide them on its sole discretion. TTMM has also no obligation to provide or enable any particular features or functionalities of the Software which can be modified or deleted by aforementioned modifications. You further agree that all updates or any other modifications shall be deemed to constitute an integral part of the Software, and shall be subject to the provisions of this EULA.
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7.6.
If you are a consumer, depending on the country or region you reside in, the laws of that region or country may not allow the exclusion of warranties to apply to you to the extend stated above.
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7.7.
In the event of any failure of the Software to which disclaimer of warranty cannot be applied, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to which disclaimer of warranty cannot be applied may only be TTMM’s sole responsibility.
8. External Services
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The Software may enable access to TTMM’s and/or third-party services and websites such as the weather data provider’s ones (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. TTMM is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Software or External Service, including but not limited to weather, air quality, UV information and location information, is for general informational purposes only and is not guaranteed by TTMM in any way, especially regarding its accuracy. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of TTMM or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that TTMM is not responsible for any such use. External Services may not be available in all languages or in the country or region you reside in, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. TTMM reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. If applicable, you must comply with third-party terms of services.
9. Assignment
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You hereby agrees that TTMM is entitled to assign any of its rights and obligations under this EULA to any third party and at any time without your separate consent.
10. Controlling law and jurisdiction
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10.1.
This EULA shall be governed by, and construed in accordance with, the laws of Poland, except for its conflict of law provisions, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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10.2.
Any litigation based hereon, or arising out of, under, or in connection with this EULA shall be brought and maintained exclusively in the court in Warsaw competent for TTMM’s business seat. You and TTMM hereto hereby expressly and irrevocably submit to the jurisdiction of the abovementioned courts for the purpose of any such litigation as set forth above. In addition, you and TTMM irrevocably and unconditionally waives application of the procedures for service of process pursuant to the Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. You and TTMM hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum.
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10.3.
You and TTMM hereby waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or proceeding to enforce or defend any rights under this EULA and any amendment, instrument, document or agreement delivered or which may in the future be delivered in connection herewith or therewith, and agrees that any such action or proceeding shall be tried before a court and not before a jury.
11. Severability
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If any provision of this EULA is found to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable it shall be so narrowly drawn, without invalidating the remaining provisions of this EULA or affecting the validity or enforceability of such provision.
12. Indemnification
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You agree to indemnify and hold TTMM and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Software; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
13. Miscellaneous
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13.1.
This EULA is concluded between TTMM and you only. TTMM is solely responsible for the EULA and content thereof. If any of the provision of this EULA turns out to be in conflict with the App Store Terms of Service, the latter shall prevail.
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13.2.
Except as may be set forth in an written agreement signed between you and TTMM, this EULA constitutes the final, complete, and exclusive statement of the terms of the use of the Software and supersedes all prior and contemporaneous understandings or agreements between you and TTMM.
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13.3.
TTMM reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material TTMM will provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the TTMM. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
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13.4.
If you want to use the Software commercially, you should enter into an additional agreement with TTMM.
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13.5.
The provisions of this EULA may not infringe upon the consumer’s rights if they apply. In such a case these provisions shall not apply to the relevant extent.
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13.6.
The prevailing version of this EULA is the English version. Any translations if made, shall be available only for convenience.
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13.7.
Any notice, communication or statement as well as all claims and requests regarding the Software or the EULA shall be sent in an email form to the following address: biuro@ttmm.com.pl or by letter to the address: TTMM Sp. z o.o., ul. Lindleya 16, 02-213 Warsaw, Poland.
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13.8.
You acknowledge that TTMM, not Apple, is responsible for addressing any claims of yours or any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software 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 Software’s use of the HealthKit and HomeKit frameworks. The EULA may not limit TTMM’s liability to you beyond what is permitted by applicable law.
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13.9.
If you provide TTMM with feedback or suggestions regarding the Software, TTMM may use that feedback to upgrade the Software accordingly; in such case you will not be entitled to any remuneration, compensation or credits.
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13.10.
Any complaints or claims that arise from this EULA or the use of Software will be handled within a reasonable timeframe, not exceeding 30 (thirty) days.