-This agreement is between you and Hype Sprint LLC, not Apple.
- You and the End-User acknowledge that this agreement is concluded between You and the End-User only, and not with Apple.
- Apple has no obligation to provide maintenance or support.
- In case of any warranty claims, you may contact Apple for a refund, but other claims must be directed to us. Apple will have no other warranty obligation whatsoever with respect to the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty shall be solely the responsibility of Hype Sprint LLC.
- Apple shall not be held liable for any claims, damages, or losses arising from the use of the App, including product liability claims and legal compliance issues.
- You acknowledge that Apple is a third-party beneficiary of these Terms and has the right to enforce them against you.
- You confirm that you are not in a country under U.S. embargo or on any U.S. government restricted lists.
- Except as explicitly stated above, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty shall be solely the responsibility of Hype Sprint LLC.
- You acknowledge and agree that you, and not Apple, are solely responsible for addressing any claims of third parties relating to the App or the end-user’s possession and/or use of the App, including, but not limited to:
(I) product liability claims;
(II) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(III) claims arising under consumer protection, privacy, or similar legislation.
- Hype Sprint LLC shall be solely responsible for ensuring that the App complies with all applicable legal and regulatory requirements, including, but not limited to:
(I) Any claims related to product liability;
(II) Any claim that the App fails to conform to applicable legal or regulatory requirements;
(III) Compliance with consumer protection, privacy laws, and all applicable regulations, including the use of HealthKit and HomeKit frameworks, when applicable.
- In the event of any third-party claim that the App or its use infringes a third party’s intellectual property rights, Hype Sprint LLC will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
- The End-User represents and warrants that (i) they 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) they are not listed on any U.S. Government list of prohibited or restricted parties.