This is the default End User License Agreement ("EULA") for applications built and published with Goodspeed. It governs the relationship between the developer that publishes an application (the "Application Provider") and the people who install and use it (each an "End User"). Apple and Google require every application distributed through their stores to have an end-user license in place at all times. This default EULA applies to any application that links to it and whose Application Provider has not set its own custom EULA.
The Application Provider, not Goodspeed, is responsible for the application and for the terms that govern its End Users. An Application Provider may replace this default with its own EULA at any time.
By downloading, installing, or using an application that links to this EULA (the "Application"), you agree to this EULA between you (the End User) and the developer that publishes the Application (the "Application Provider"), as identified on the Application's store listing. If you do not agree, do not download, install, or use the Application.
1. Acknowledgement
This EULA is between you and the Application Provider only, and not with Apple Inc. or Google LLC. The Application Provider, not Apple or Google, is solely responsible for the Application and its content. Apple and Google are not parties to this EULA.
2. Scope of License
The Application Provider grants you a personal, non-transferable license to use the Application on any device that you own or control, subject to the usage rules of the store from which you obtained the Application (including the Apple App Store Usage Rules and the Google Play terms). You may not distribute or make the Application available over a network where it could be used by multiple devices at once, and you may not copy, reverse-engineer, decompile, or create derivative works of the Application except as permitted by law.
3. Consent to Use of Data
The Application may collect and use technical and related information about your device and use of the Application. The Application Provider will handle any personal information it collects in accordance with the Application's own privacy policy. The Application Provider, not Goodspeed, is responsible for the Application's privacy practices.
4. Maintenance and Support
The Application Provider is solely responsible for providing any maintenance and support for the Application. Apple and Google have no obligation to furnish any maintenance or support services for the Application.
5. Warranty
The Application Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Application fails to conform to any applicable warranty, you may notify the store operator, and, for Apple App Store purchases, Apple may refund the purchase price of the Application to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are the sole responsibility of the Application Provider.
6. Product Claims
The Application Provider, not Apple or Google, is responsible for addressing any claims relating to the Application or your use of it, including product-liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer-protection or similar law, and claims relating to privacy.
7. Intellectual Property Rights
If a third party claims that the Application or your possession and use of it infringes that third party's intellectual-property rights, the Application Provider, not Apple or Google, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
8. Legal Compliance
You represent and warrant that you are not located in a country subject to a US-government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US-government list of prohibited or restricted parties.
9. Developer Contact
Questions, complaints, or claims about the Application should be directed to the Application Provider using the contact details shown on the Application's store listing or within the Application.
10. Third-Party Terms
You must comply with applicable third-party terms of agreement when using the Application.
11. Third-Party Beneficiary
Apple Inc. and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance, will have the right to enforce it against you as a third-party beneficiary.
12. Limitation of Liability
To the maximum extent permitted by law, the Application is provided "as is," the Application Provider disclaims all warranties not expressly stated, and neither the Application Provider nor Goodspeed will be liable for indirect, incidental, special, or consequential damages arising from your use of the Application.
Note for Application Providers: This default applies to your application whenever it links here and you have not set your own EULA. You may provide a custom EULA at any time; if you do, your custom EULA replaces this default. Confirm the current Apple and Google requirements before you publish.