This End User License Agreement ("EULA") is a legal agreement between you ("User") and Peak Social ("Licensor") for the use of the PeakSocial - Connect mobile application ("App"). By downloading, installing, or using the App, you agree to be bound by the terms of this EULA.
You acknowledge that this EULA is concluded between Peak Social and you only, and not with Apple Inc. ("Apple"). Peak Social, not Apple, is solely responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
Peak Social grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on any Apple-branded product that you own or control, solely for your personal, non-commercial purposes, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Peak Social is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. You may contact Peak Social support directly at peaksocialsupport@gmail.com.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Peak Social's sole responsibility.
Peak Social, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to:
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Peak Social (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
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 acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
For questions, support, or claims regarding this EULA, please contact:
Peak Social Support
Email: peaksocialsupport@gmail.com