This End User License Agreement ("Agreement") is a binding contract between you ("Licensee" or "you") and BuiltFast AI ("Licensor", "we", "our"). By downloading, installing, or using the BlueSpot iOS application (the "Licensed Application"), you agree to this Agreement. If you do not agree, do not use the Licensed Application.
You acknowledge that this Agreement is concluded between you and Licensor only, and not with Apple Inc. ("Apple"). Licensor, not Apple, is solely responsible for the Licensed Application and its content. This Agreement may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions as of the effective date; Licensor acknowledges that it had the opportunity to review the Apple Media Services Terms and Conditions and that this Agreement is not in conflict with them.
Licensor grants you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate agreement, in which case the terms of that agreement will govern. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application and, if you sell your Apple device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
Licensor does not collect, transmit, or use any data from your use of the Licensed Application. See the Privacy Policy for details.
This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically and without notice from Licensor if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies of it in your possession.
The Licensed Application does not enable access to any external services operated by Licensor or a third party.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. The Licensed Application displays an approximate proximity indicator based on Bluetooth signal strength; it is not a precision tracking or location device, and Licensor does not warrant that any particular device will be detected or that a lost or misplaced item will be recovered.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, 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 LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Licensor, 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.
Licensor: BuiltFast AI
Contact for questions, complaints, or claims: [email protected]
You must comply with applicable third-party terms of agreement when using the Licensed Application.
You and Licensor acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
This Agreement is governed by the laws of the State of South Carolina, United States, excluding its conflict-of-law rules. To the extent permitted by law, any dispute arising out of or relating to this Agreement will be resolved exclusively in the state or federal courts located in South Carolina.