1. Agreement
This End User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and Transcend Technologies, Inc., doing business as iSocialize ("Licensor," "we," "us," or "our"), for the use of the iSocialize mobile application ("App"). By installing, copying, or otherwise using the App, you agree to be bound by this EULA. If you do not agree, do not install or use the App.
2. License Grant
Subject to the terms of this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial use, strictly in accordance with this EULA and the App's documentation.
3. License Restrictions
You agree not to, and shall not permit any third party to: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code of the App; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party; (d) remove, alter, or obscure any proprietary notices on the App; (e) use the App for any purpose that is illegal or prohibited by this EULA.
4. Intellectual Property
The App and all copies thereof are proprietary to Transcend Technologies, Inc. and title thereto remains in the Company. All rights in the App not specifically granted in this EULA are reserved to the Company. The App is protected by copyright and other intellectual property laws and treaties.
5. User Accounts & Data
The App may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials. Your use of the App and any data you provide is also subject to our Privacy Policy and Terms of Service.
6. In-App Purchases & Subscriptions
The App may offer in-app purchases and virtual currency. All in-app purchases are processed through the applicable app store (Apple App Store or Google Play Store) and are subject to that store's terms and conditions. Refunds for in-app purchases are handled according to the policies of the applicable app store.
7. Updates & Modifications
We may from time to time issue updates, patches, or new versions of the App. You agree that we may automatically update the App on your device. We may also modify or discontinue any feature of the App at any time without notice or liability.
8. No Warranty
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANSCEND TECHNOLOGIES, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
10. Indemnification
You agree to defend, indemnify, and hold harmless Transcend Technologies, Inc. and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (a) your use of the App; (b) your violation of this EULA; (c) your violation of any third-party rights.
11. Termination
This EULA is effective until terminated. Your rights under this EULA will terminate automatically and immediately without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies from your devices. Sections that by their nature should survive termination shall survive.
12. Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.
13. U.S. Government End Users
The App is a "commercial item" as defined in 48 C.F.R. §2.101, and is licensed to U.S. Government end users with only those rights as are granted to all other end users under this EULA.
14. Apple-Specific Terms
If you downloaded the App from the Apple App Store, the following additional terms apply: (a) Acknowledgment: This EULA is between you and the Company only, not Apple Inc. ("Apple"). Apple is not responsible for the App or its content. (b) Scope of License: The license granted to you is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service. (c) Maintenance & Support: Apple has no obligation to provide any maintenance or support services for the App. The Company is solely responsible for any product warranties and support. (d) Warranty: 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 of the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. (e) Product Claims: The Company, not Apple, is responsible for addressing any user or third-party claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation. (f) Intellectual Property: In the event of any third-party claim that the App infringes that party's intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim. (g) Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, Apple will have the right to enforce this EULA against you as a third-party beneficiary.
15. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
16. Severability
If any provision of this EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA otherwise remains in full force and effect.
17. Entire Agreement
This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Company regarding the App and supersedes all prior agreements and understandings.
18. Contact Information
For questions about this EULA, please contact us: Transcend Technologies, Inc. Doing business as iSocialize 300 Delaware Ave, Suite 210 #426, Wilmington, DE 19801 Phone: 1-917-438-7005 Email: info@isocialize.me Website: https://gather.isocialize.me