• 1. The App / Mobile Devices

a. The eMop Platform may allow you to access our services, download our Apps, upload content to the eMop Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

b. You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

c. eMop is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. eMop reserves the right to terminate the use of the App or any other aspect of the eMop Platform should you be using the App or the eMop Platform with an incompatible or unauthorized device.

d. App Store Sourced Application

    i. With respect to an App accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. eMop reserves all rights in and to the App not expressly granted to you under these Terms of Use.

    ii. You acknowledge and agree that (i) these Terms of Use are valid between you and eMop only, and, that Apple is not a party to these Terms of Use other than as third-party beneficiary as contemplated below, and (ii) eMop, not Apple, is solely responsible for the App Store Sourced Application and the eMop Platform Content.

    iii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.

    iv. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.

    v. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and eMop, eMop and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    vi. Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.

    vii. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use for App Store Sourced Applications against you as a third-party beneficiary thereof.

    viii. Without limiting any provisions of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Last update 26.11.2018