SOLIUS® Trials Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE SOLIUS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.
These Terms of Service (“Terms”) apply to your access to and use of the SOLIUS Trials mobile applications provided by SOLIUS Inc. (“SOLIUS”, “we” or “us”, and such services collectively, the “Service”). By accessing or using the Service, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14. If you do not agree to these Terms, do not use the Service.
IMPORTANT WARNINGS!!!
(A) THE SERVICE IS INTENDED SOLELY AS A TOOL TO ASSIST PARTICIPANTS OF PARTICIPANTS OF CERTAIN CLINICAL OR RESEARCH STUDIES SPONSORED BY SOLIUS (EACH SUCH CLINICAL OR RESEARCH STUDY, THE “STUDY”) TO OPERATE THE SOLIUS-PROVIDED STUDY DEVICE (“STUDY DEVICE”) AND TO ORGANIZE, [COMMUNICATE,] AND MANAGE HEALTHCARE-RELATED INFORMATION RELATED TO THE STUDY. THE SERVICE IS NOT INTENDED TO, AND DOES NOT, PROVIDE HEALTH OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IT IS INTENDED TO BE USED SOLELY BY INDIVIDUALS ENROLLED IN THE STUDY (“PARTICIPANTS” OR “YOU”) AND SOLELY IN ACCORDANCE WITH, AND NOT AS A REPLACEMENT FOR, ANY INSTRUCTIONS FROM THE TRAINED HEALTH CARE PROFESSIONAL CONDUCTING THE STUDY (SUCH HEALTH CARE PROFESSIONAL, “INVESTIGATOR”). PARTICIPANTS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DISCONTINUE OR DELAY SEEKING MEDICAL ADVICE.
(B) THE SERVICE IS NOT AVAILABLE TO INDIVIDUALS WHO ARE NOT PARTICIPANTS AND DO NOT OFFER ANY FUNCTIONALITY TO ENROLL INDIVIDUALS IN THE STUDY. DOWNLOADING THE MOBILE APPLICATIONS, OR AGREEING TO THESE TERMS DOES NOT ENROLL INDIVIDUALS IN THE STUDY. INDIVIDUALS WHO ARE NOT PARTICIPANTS SHOULD CONSULT WITH THEIR PHYSICIANS ON WHETHER THEY MAY BE SUITABLE CANDIDATES TO ENROLL IN THE STUDY.
(C) AT ENROLLMENT, EACH PARTICIPANT HAD ALREADY AGREED TO AND SIGNED AN INFORMED CONSENT, WHICH OUTLINES ADDITIONAL INFORMATION IN CONNECTION WITH THE STUDY AND WHICH MAY INCLUDE THE GOALS, PROTOCOLS, DURATION, RISKS, AND WHAT TO DO IF THE PARTICIPANT EXPERIENCES ANY ADVERSE EVENT OR WISHES TO TERMINATE THEIR PARTICIPATION (“INFORMED CONSENT”). THESE TERMS DO NOT SUPERSEDE, REPLACE OR MODIFY ANY PROVISION OF THE INFORMED CONSENT. TO THE EXTENT THAT ANY PROVISION IN THESE TERMS CONFLICTS WITH ANY PROVISION IN THE INFORMED CONSENT, THE PROVISION IN THE INFORMED CONSENT SHALL CONTROL.
(D) HEALTHCARE RELATED CONTENT AND INFORMATION THAT WE MAY MAKE AVAILABLE THROUGH THE SERVICE (IF ANY), SUCH AS ARTICLES, VIDEOS, AND INFORMATION AND WARNINGS ABOUT EXERCISES, ACTIVITIES, MEDICATIONS, CONDITIONS, INDICATIONS, AND TREATMENTS (COLLECTIVELY “HEALTHCARE-RELATED CONTENT”), ARE MERELY INTENDED AS GENERAL INFORMATION THAT MAY BE USEFUL FOR USERS INTERESTED IN SUCH INFORMATION. SUCH HEALTHCARE-RELATED CONTENT HAS NOT BEEN CUSTOMIZED FOR SPECIFIC PARTICIPANTS AND MAY NOT BE ACCURATE OR APPROPRIATE FOR SPECIFIC PARTICIPANTS AND THEIR CONDITION AND MEDICAL HISTORY. THEREFORE, PARTICIPANTS SHOULD ALWAYS SEEK THE ADVICE OF THE RESPECTIVE INVESTIGATOR OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING THEIR MEDICAL CONDITION OR TREATMENT OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. PARTICIPANTS SHOULD NOT TAKE ANY ACTIONS IN CONTRAVENTION OF THE INVESTIGATOR’S INSTRUCTIONS (E.G., INITIATE OR STOP ANY TREATMENT OR MEDICATIONS), WITHOUT FIRST CONSULTING THE INVESTIGATOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
(E) PARTICIPANTS SHOULD NOT RELY ON THE SERVICE DURING A MEDICAL EMERGENCY OR FOR ANY LIFE-THREATENING CONDITION, CRITICAL REMINDERS, OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
(F) EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THE INFORMED CONSENT, SOLIUS IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT PARTICIPANTS MAY OBTAIN OR FOLLOW IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES OR FROM ANY HEALTHCARE PROVIDER (INCLUDING WITHOUT LIMITATION THE INVESTIGATOR).
By accessing our Services, you hereby represent and warrant that you are at least 18 years old, and otherwise have the legal capacity and are competent to enter into these Terms. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with the health care facility conducting the Study or with SOLIUS or its subsidiaries or affiliates, for other products or services.
SOLIUS reserves the right to change or modify any of the provisions contained in the Terms or any policy or guideline of the Service, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Service, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Service following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service.
1. Privacy Policy
Please refer to our Privacy Policy and the informed consent you have signed for information on how SOLIUS collects, uses and discloses personally identifiable information from its users. By using the Service, you consent to our collection, use and disclosure of the information you provide, including healthcare-related information such as your medical conditions, in accordance with our privacy policy and the informed consent you have signed. To the extent the privacy policy and the informed consent conflict, the informed consent will control. If you do not consent to the collection, use and disclosure of this information, you should not access or use the Service, and you will not be able to continue participating in the Study.
2. Copyright and Limited License
Unless otherwise indicated, the Service and all content and other materials on the Service, including, without limitation, the SOLIUS logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Service Materials") are the proprietary property of SOLIUS or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Service for your informational, non-commercial, personal use only in connection with the Study. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Service or the Service Materials therein; (b) the collection and use of any data, content, or descriptions; (c) the distribution, public performance or public display of any Service Materials; (d) modifying or otherwise making any derivative uses of the Service, the Study device, any other device or instrument, or the Service Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Service, the Service Materials or any information contained therein, except as expressly permitted on the Service; or (g) any use of the Service or the Service Materials other than for its intended purpose. Any use of the Service or the Service Materials other than as specifically authorized herein, without the prior written permission of SOLIUS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. Trademarks
SOLIUS, the SOLIUS logos, and any other SOLIUS product or service name or slogan contained in the Service are trademarks of Benesol, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of SOLIUS or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "SOLIUS" or any other name, trademark or product or service name of SOLIUS without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SOLIUS and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
4. Third Party Content
SOLIUS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Service, Web sites linking to the Service, or content on the Service (collectively, the “Third Party Content”). Such sites are not under the control of SOLIUS and SOLIUS is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SOLIUS provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SOLIUS of any site or any information contained therein. When you leave the Service, you should be aware that our terms and policies no longer govern. You acknowledge and agree that SOLIUS is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.
5. Submissions
You acknowledge and agree that any materials, including but not limited to questions, responses, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or feedback, regarding the Service (collectively the “Feedback”), that are provided by you in any form are non-confidential and shall become the sole property of SOLIUS. SOLIUS shall own exclusive rights in and to all Feedback, including all intellectual property rights therein, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. User Conduct
You agree that you are solely responsible for your conduct while on the Service, and you agree that you will not do any of the following in connection with the Service, the Service or its users:
Use the Service in any manner that could interfere with, disrupt, damage, disable, overburden or impair the functioning of the Service or the Study Device in any manner;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
Harvest or otherwise collect information about users, including email addresses, without their consent
Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
Circumvent or attempt to circumvent any filtering, security measures or other features SOLIUS may from time to time adopt to protect the Service, the Study Device, its users or third parties.
You represent and warrant to us that all information you may provide to us through the Service (“Provided Information”) is accurate, current and complete. Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service.
You grant SOLIUS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use your Provided Information to provide, maintain, and improve our Service, the Study Device, or both. This includes the right to test, develop, train, and improve the Service and the Study Device, and our other technology. You represent and warrant that (a) you own and control all of the rights to such Provided Information; and (b) use and posting of such Provided Information does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
7. Registration Data; Account Security
You may need to register for an account to access some or all of the Service. In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to SOLIUS, to keep it accurate, current and complete; (d) not allow any other person or party to access the Services through your account or using your Registration Data; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to SOLIUS.
8. Indemnification
You agree to defend, indemnify and hold harmless SOLIUS, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) information you may provide to us; (b) your misuse of the Service or other misconduct; (c) your violation of these Terms, of any applicable law, rule or regulation, or of the rights of any third party; or (d) your use of the Service without appropriate oversight from the Investigator.
9. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SOLIUS, THE SERVICE, WHETHER ALONE OR IN COMBINATION WITH OTHER STUDY-RELATED DEVICES, INSTRUMENTS OR MATERIALS, ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOLIUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE AND THE SERVICE MATERIALS. SOLIUS DOES NOT REPRESENT OR WARRANT THAT INFORMATION OR MATERIALS IN THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR APPROPRIATE FOR YOU.
SOLIUS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE SOLIUS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE AND THE SERVICES SAFE, SOLIUS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF ERRORS, VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS.
SOLIUS reserves the right to change any and all content contained in the Service and to modify, suspend or discontinue the Service or any services offered through the Service or any features or functionality of the Service or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SOLIUS. You should have back-up copies of any information your store through the Service.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SOLIUS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, PERSONAL INJURY, LOSS OF CONSORTIUM, OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE, THE STUDY DEVICE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SOLIUS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SOLIUS' RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOLIUS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE SERVICES OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100).
11. Applicable Law and Venue
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms, to the extent not subject to Section 14, shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
12. Termination
Notwithstanding any of these Terms, SOLIUS reserves the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block or prevent future your access to and use of the Service.
13. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14. Dispute Resolution and Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SOLIUS and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and SOLIUS agree that any dispute arising out of or related to these Terms or our Services is personal to you and SOLIUS and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or SOLIUS seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SOLIUS seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and SOLIUS waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against SOLIUS or relating in any way to the Services, You agree to first contact SOLIUS and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to SOLIUS by email at info@SOLIUS.com or by certified mail addressed to 100 Ravine Lane, Suite 310, Bainbridge Island, Washington USA 98110. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and SOLIUS cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Seattle, Washington, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and SOLIUS agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, SOLIUS, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and SOLIUS agree that for any arbitration you initiate, you will pay the filing fee and SOLIUS will pay the remaining JAMS fees and costs. For any arbitration initiated by SOLIUS, SOLIUS will pay all JAMS fees and costs. You and SOLIUS agree that the state or federal courts of the State of New York and the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and SOLIUS will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by emailing us at info@SOLIUS.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section 14.
If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.
15. iOS App Terms. The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).
Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and SOLIUS, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
Maintenance and Support. You and SOLIUS acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of SOLIUS. However, you understand and agree that in accordance with these Terms, SOLIUS has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims. You and SOLIUS acknowledge that as between Apple and SOLIUS, SOLIUS, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, SOLIUS, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. 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.
Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to SOLIUS by contacting using the information provided above.
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
16. Android App Terms. The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
You acknowledge that these Terms are between You and us only, and not with Google.
Your use of our Android App must comply with Google’s then-current Google Play Terms of Service.
Google is only a provider of the Google Play where You obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to You with respect to our Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.