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Terms and Conditions
Effective Date: Friday 16th September 2022
EARNINGS DISCLAIMER: Results may vary from individual to individual in calculating profits, and depend on the industry, capacity, advertising budget and other factors. The sales figures stated are our own personal sales figures. Please understand our results are not typical, we're not implying you'll duplicate them (or do anything for that matter). The average person who follows any 'how to' information gets little to no results. We're using these references for example purposes only. Your results may vary and depend on many factors including but not limited to your background, experience, and work ethic - we make no guarantees whatsoever. And that also goes for our performance-based offers that we may run from time to time. In such instances where we offer a fee structure that's tied to results, whilst we can guarantee you that we won't invoice you until you've hit the agreed upon app revenue figures, we make no guarantees whatsoever that you'll actually hit these app revenue targets, and we're also not implying that you will hit any app revenue targets mentioned in our fee structure. All business entails risk as well as deliberate and consistent effort and action. If you're not willing to accept that, then we're not a great fit for you.
Welcome to Jason Lloyd Apps Limited (trading as Waterstown Apps), and our affiliates and agents (collectively, “Waterstown”, "Waterstown Apps", "Jason Lloyd Apps Limited", "Waterstown™ Shopify Accelerator", or “us” or “we” or “our”) provide and operate a website and mobile application, through which users may transform their Shopify or other e-commerce platform online stores into iPhone and android mobile applications (each, an “App”). We also run a Shopify Store growth accelerator program.
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF WATERSTOWN (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY WATERSTOWN. THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND WATERSTOWN'S MOBILE APPLICATION (“WATERSTOWN APPLICATION”) AND APPLY TO ALL USERS VISITING OR ACCESSING THE WEBSITE OR WATERSTOWN APPLICATION IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR THE WATERSTOWN APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE WATERSTOWN APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WATERSTOWN, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF WATERSTOWN YOU HAVE NAMED AS THE USER, AND TO BIND THAT WATERSTOWN TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
1. Use of the Services and Waterstown Properties.The Waterstown Application, the Website, the Services, and the information and content available on the Website and in the Waterstown Application and the Services (as these terms are defined herein) (collectively, the “Waterstown Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Waterstown grants you a limited license to reproduce portions of Waterstown Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Waterstown in a separate license, your right to use any Waterstown Properties is subject to the Terms.
1.1. Description of Services.The Services consist of a mobile app development platform designed to allow you and/or or your business to create and develop Apps operated by Apple App Store. We provide you with tools, including designs, templates, and layouts, to create and publish your App(s) through the Apple App Store.
1.2. Waterstown Application License.Subject to your compliance with the Terms, Waterstown grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Waterstown Application on a single mobile device or computer that you own or control and to run such copy of the Waterstown Application solely for your own personal or internal business purposes.
1.3. Updates.You understand that Waterstown Properties are evolving. As a result, Waterstown may require you to accept updates to Waterstown Properties that you have installed on your computer or mobile device.
2. Registration.
2.1. Registering Your Account.
In order to access certain features of Waterstown Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or Waterstown Application (“Account”), or has a valid Shopify or other third-party e-commerce platform account through which you may connect to the Website or Waterstown Application (each such account, a “Third-Party Account”).
2.2. Access Through a Third-Party Account.If you access the Waterstown Properties through a Third-Party Account, you are allowing Waterstown to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Waterstown access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Waterstown to pay any fees or making Waterstown subject to any usage limitations imposed by such third-party service providers. By granting Waterstown access to any Third-Party Accounts, you understand that Waterstown may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Waterstown Properties that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through Waterstown Properties via your Account. Unless otherwise specified in the Terms, all Third-Party Account Content shall be considered to be Your Content (as defined below) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Waterstown Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Waterstown's access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content will no longer be available on and through Waterstown Properties. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WATERSTOWN DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Waterstown makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Waterstown is not responsible for any Third-Party Account Content.
2.3. Your Account and Developed Apps.Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account or any App, and you further acknowledge and agree that, except with respect to Your Content, all rights in and to your Account and Apps are and shall forever be owned by and inure to the benefit of Waterstown.
2.4. Necessary Equipment and Software.You must provide all equipment and software necessary to connect to Waterstown Properties, including but not limited to, a mobile device that is suitable to connect with and use Waterstown Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Waterstown Properties.
3. Responsibility for Content.
3.1. Types of Content.You acknowledge that all files, materials, data, text, audio, video, images or other content, including Waterstown Properties (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Waterstown, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Waterstown Properties (“Your Content”), and that you and other Users of Waterstown Properties, and not Waterstown, are similarly responsible for all Content they Make Available through Waterstown Properties (“User Content”).
3.2. No Obligation to Pre-Screen Content.You acknowledge that Waterstown has no obligation to pre-screen Content (including, but not limited to, User Content), although Waterstown reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Waterstown pre-screens, refuses or removes any Content, you acknowledge that Waterstown will do so for Waterstown's benefit, not yours. Without limiting the foregoing, Waterstown shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
3.3. Storage.Unless expressly agreed to by Waterstown in writing elsewhere, Waterstown has no obligation to store any of Your Content that you Make Available on Waterstown Properties. Waterstown has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Waterstown Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Waterstown retains the right to create reasonable limits on Waterstown's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Waterstown in its sole discretion.
4.Ownership.
4.1. Waterstown Properties.
Except with respect to Your Content and User Content, you agree that Waterstown and its suppliers own all rights, title and interest in Waterstown Properties (including but not limited to, any apps on Apple App Store, computer code, themes, objects, users, usernames, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, chat transcripts, user profile information, recordings of users using a Waterstown app, and Waterstown software clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Waterstown Properties.
4.2. Trademarks.
The logo and other related graphics, logos, service marks and trade names used on or in connection with Waterstown Properties or in connection with the Services are the trademarks of Waterstown and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Waterstown Properties are the property of their respective owners.
4.3. Other Content.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Waterstown Properties.
4.4. Your Content.
Waterstown does not claim ownership of Your Content. However, when you post or publish Your Content on or in Waterstown Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
4.5. License to Your Content.Subject to any applicable account settings that you select, you grant Waterstown a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Waterstown Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Waterstown Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Waterstown, are responsible for all of Your Content that you Make Available on or in Waterstown Properties.
4.6. Feedback.You agree that submission of any ideas, suggestions, documents, and/or proposals to Waterstown through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Waterstown has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Waterstown a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Waterstown Properties.
5. User Conduct.
As a condition of your use of the Waterstown Properties, you agree not to use Waterstown Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either
(a) take any action or
(b) Make Available any Content on or through Waterstown Properties that:
(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
(ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
(iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
(iv) involves commercial activities and/or sales without Waterstown's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(v) impersonates any person or entity, including any employee or representative of Waterstown;
(vi) interferes with or attempt to interfere with the proper functioning of Waterstown Properties or uses Waterstown Properties in any way not expressly permitted by the Terms; or
(vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Waterstown Properties, including but not limited to violating or attempting to violate any security features of Waterstown Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Waterstown Properties, introducing viruses, worms, or similar harmful code into Waterstown Properties, or interfering or attempting to interfere with use of Waterstown Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Waterstown Properties.
6. Monitoring.
Waterstown may, but is not obligated to, monitor or review Waterstown Properties and Content at any time. Without limiting the foregoing, Waterstown shall have the right, in its sole discretion, to (a) remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law and/or (b) suspend and/or terminate your Account or any App developed using the Services.
7. Interactions with Other Users.
7.1. User Responsibility.
You are solely responsible for your interactions with other users and any other parties with whom you interact through the Services or your Apps, including your customers; provided, however, that Waterstown reserves the right, but has no obligation, to intercede in such disputes. You agree that Waterstown will not be responsible for any liability incurred as the result of such interactions.
7.2. Content Provided by Other Users.Waterstown Properties may contain User Content provided by other users. Waterstown is not responsible for and does not control User Content. Waterstown has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
8. Third-Party Services.
8.1. Third-Party Websites, Waterstown Applications & Ads.
Waterstown Properties may provide access to and/or contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Waterstown Applications”) and advertisements for third parties ( “Third-Party Ads”). When you click on a link to or otherwise access a Third-Party Website, Third-Party Waterstown Application or Third-Party Ad, we will not warn you that you have left Waterstown Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Waterstown Applications and Third-Party Ads are not under the control of Waterstown. Waterstown is not responsible for any Third-Party Websites, Third-Party Waterstown Applications or Third-Party Ads. Waterstown provides these Third-Party Websites, Third-Party Waterstown Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Waterstown Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Waterstown Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Waterstown Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
8.2. App Stores.You acknowledge and agree that the availability of the Waterstown Application, the Services, and any Apps, is dependent on the third party from whom you received the Waterstown Application or App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Waterstown and not with the App Store. Waterstown, not the App Store, is solely responsible for Waterstown Properties, including the Waterstown Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Waterstown Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Waterstown Properties, including the Waterstown Application or any App. You agree to comply with, and your license to use the Waterstown Application and any Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Waterstown Properties, including the Waterstown Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
9. Fees and Purchase Terms.
9.1. General Purpose of Terms:
Sale of Service, not Software.The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Waterstown's Software, and, furthermore, any use of Waterstown's Software by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.
9.2. Payment.You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Waterstown with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Waterstown with your credit card number or PayPal account and associated payment information, you agree that Waterstown is authorized to immediately invoice your Account for all fees and charges due and payable to Waterstown hereunder and that no additional notice or consent is required. You agree to immediately notify Waterstown of any change in your billing address or the credit card or PayPal account used for payment hereunder. Waterstown reserves the right at any time to change its prices and billing methods, either immediately upon posting on Waterstown Properties or by e-mail delivery to you.
9.3. Service Subscription Fees.You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your subscription package (each, a “Service Commencement Date”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Waterstown for the Services until Waterstown accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
9.4. Taxes.Waterstown's fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Waterstown, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Waterstown for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Waterstown is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
9.5. Automatic Renewal.Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Waterstown's then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least (a) thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Waterstown that your subscription will be automatically renewed, you will have thirty days from the date of the Waterstown notice), by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact Waterstown at +44 0330 043 1086 or log in and go to the “Account” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Waterstown to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Waterstown does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Waterstown may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
9.6. Disputes.You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: waterstownapps@yahoo.com.
10. Indemnification.You agree to indemnify and hold Waterstown, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Waterstown Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Waterstown Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Waterstown reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Waterstown in asserting any available defenses. This provision does not require you to indemnify any of the Waterstown Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Waterstown Properties.
11. Disclaimer of Warranties and Conditions.
11.1. As Is.YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF WATERSTOWN PROPERTIES IS AT YOUR SOLE RISK, AND WATERSTOWN PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WATERSTOWN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES OR APPS.
11.1.1. WATERSTOWN PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) WATERSTOWN PROPERTIES OR ANY APPS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF WATERSTOWN PROPERTIES OR APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF WATERSTOWN PROPERTIES OR APPS WILL BE ACCURATE OR RELIABLE.
11.1.2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH WATERSTOWN PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS WATERSTOWN PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
11.1.3. THE SERVICES AND APPS MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. WATERSTOWN MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
11.1.4. From time to time, Waterstown may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Waterstown's sole discretion. The provisions of this section apply with full force to such features or tools.
11.2. No Liability for Conduct of Third Parties.YOU ACKNOWLEDGE AND AGREE THAT WATERSTOWN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD WATERSTOWN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, INCLUDING ANY THIRD-PARTY ACCOUNT PROVIDER OR ANY OTHER OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.11.3. No Liability for Conduct of Other Users or Customers.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF WATERSTOWN PROPERTIES OR ANY USERS OF YOUR APPS, INCLUDING YOUR CUSTOMERS. YOU UNDERSTAND THAT WATERSTOWN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF WATERSTOWN PROPERTIES.
12. Limitation of Liability.
12.1. Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WATERSTOWN PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH WATERSTOWN PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT WATERSTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS (INCLUDING THE SERVICES AND THE APPS), OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF WATERSTOWN PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE WATERSTOWN PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH WATERSTOWN PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON WATERSTOWN PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO WATERSTOWN PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A WATERSTOWN PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WATERSTOWN PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A WATERSTOWN PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. [UK: WATERSTOWN DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY WATERSTOWN'S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.]
12.2. Cap on Liability.
UNDER NO CIRCUMSTANCES WILL WATERSTOWN PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO Waterstown by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A WATERSTOWN PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WATERSTOWN PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A WATERSTOWN PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
12.3. User Content.
EXCEPT FOR WATERSTOWN'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE WATERSTOWN'S PRIVACY POLICY, WATERSTOWN ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.12.4. Basis of the Bargain.THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WATERSTOWN AND YOU.13. Procedure for Making Claims of Copyright Infringement.It is Waterstown's policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Waterstown by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Waterstown Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Waterstown Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Waterstown's Copyright Agent for notice of claims of copyright infringement is as follows: Waterstown, 15 Bedford Drive, Sherburn in Elmet, Leeds, UK.
14. Remedies.
14.1. Violations.
If Waterstown becomes aware of any possible violations by you of the Terms, Waterstown reserves the right to investigate such violations. If, as a result of the investigation, Waterstown believes that criminal activity has occurred, Waterstown reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Waterstown is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Waterstown Properties, including Your Content, in Waterstown's possession in connection with your use of Waterstown Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Waterstown, its Users or the public, and all enforcement or other government officials, as Waterstown in its sole discretion believes to be necessary or appropriate.
14.2. Breach.
In the event that Waterstown determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Waterstown Properties, Waterstown reserves the right to:
14.2.1. Warn you via e-mail (to any e-mail address you have provided to Waterstown) that you have violated the Terms;
14.2.2. Delete any of Your Content provided by you or your agent(s) to Waterstown Properties;
14.2.3. Discontinue your registration(s) with the any of Waterstown Properties, including any Services or any Waterstown community;
14.2.4. Discontinue your subscription to any Services;
14.2.5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
14.2.6. Pursue any other action which Waterstown deems to be appropriate.
15. Term and Termination.
15.1. Term.The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Waterstown Properties, unless terminated earlier in accordance with the Terms.
15.2. Prior Use.Notwithstanding the foregoing, if you used Waterstown Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Waterstown Properties (whichever is earlier) and will remain in full force and effect while you use Waterstown Properties, unless earlier terminated in accordance with the Terms.
15.3. Termination of Services by Waterstown.If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Waterstown is required to do so by law (e.g., where the provision of the Website, the Waterstown Application, the Software or the Services is, or becomes, unlawful), Waterstown has the right to, immediately and without notice, suspend or terminate any Services provided to you, including any Apps. You agree that all terminations for cause shall be made in Waterstown's sole discretion and that Waterstown shall not be liable to you or any third party for any termination of your Account.
15.4. Termination of Services by You.If you want to terminate the Services provided by Waterstown, you may do so by (a) notifying Waterstown at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Waterstown's address set forth below. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION AS ALLOWED FOR UNDER THESE TERMS.
15.5. Effect of Termination.Termination of the Services includes removal of access to the Services, including any Apps developed through the Services, and barring of further use of the Service or Apps. Termination of all Services also includes deletion of your information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Waterstown will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
15.6. No Subsequent Registration.If your registration(s) with or ability to access Waterstown Properties, or any other Waterstown community is discontinued by Waterstown due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Waterstown Properties or any Waterstown community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Waterstown Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Waterstown reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
16. International Users.Waterstown Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Waterstown intends to announce such Services or Content in your country. Waterstown Properties are controlled and offered by Waterstown from its facilities in the United States of America. Waterstown makes no representations that Waterstown Properties are appropriate or available for use in other locations. Those who access or use Waterstown Properties from other countries do so at their own volition and are responsible for compliance with local law.
17. Dispute Resolution.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Waterstown and limits the manner in which you can seek relief from us.
17.1. Applicability of Arbitration Agreement.You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Waterstown, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Waterstown may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.IF YOU AGREE TO ARBITRATION WITH WATERSTOWN, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST WATERSTOWN ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE WATERSTOWN IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
17.2. Arbitration Rules and Forum.The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Waterstown will pay them for you. In addition, Waterstown will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Waterstown will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.3. Authority of Arbitrator.The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Waterstown. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
17.4. Waiver of Jury Trial.YOU AND WATERSTOWN HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Waterstown are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
17.5. Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 18.7.
17.6. 30-Day Right to Opt Out.You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Waterstown Apps, 15 Bedford Drive, Sherburn In Elmet, Leeds, UK, or by emailing waterstownapps@yahoo.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Waterstown username (if any), the email address you used to set up your Waterstown account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
17.7. Severability.If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
17.8. Survival of Agreement.This Arbitration Agreement will survive the termination of your relationship with Waterstown.
17.9. Modification.Notwithstanding any provision in this Agreement to the contrary, we agree that if Waterstown makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Waterstown.
18. General Provisions.
18.1. Electronic Communications.The communications between you and Waterstown use electronic means, whether you visit Waterstown Properties or send Waterstown e-mails, or whether Waterstown posts notices on Waterstown Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Waterstown in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Waterstown provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
18.2. Release.You hereby release Waterstown Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Waterstown Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Waterstown Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Waterstown Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
18.3. Assignment.The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Waterstown's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
18.4. Force Majeure.Waterstown shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
18.5. Questions, Complaints, Claims.If you have any questions, complaints or claims with respect to Waterstown Properties, please contact us at: . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
18.6. Exclusive Venue.To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Waterstown agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.
18.7. Governing Law.The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
18.8. Notice.Where Waterstown requires that you provide an e-mail address, you are responsible for providing Waterstown with your most current e-mail address. In the event that the last e-mail address you provided to Waterstown is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Waterstown's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Waterstown at the following address: 115 Bedford Drive, Sherburn In Elmet, Leeds, UK. Such notice shall be deemed given when received by Waterstown by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.18.9. Waiver.Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18.10. Severability.If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18.11. Export Control.You may not use, export, import, or transfer Waterstown Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Waterstown Properties, and any other applicable laws. In particular, but without limitation, Waterstown Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Waterstown Properties, 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 also will not use Waterstown Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Waterstown are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Waterstown products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
18.12. Accessing and Download the Waterstown Application from iTunes.The following applies to any App Store Sourced Waterstown Application accessed through or downloaded from the Apple App Store:
18.12.1. You acknowledge and agree that (i) the Terms are concluded between you and Waterstown only, and not Apple, and (ii) Waterstown, not Apple, is solely responsible for the App Store Sourced Waterstown Application and content thereof. Your use of the App Store Sourced Waterstown Application must comply with the App Store Terms of Service.
18.12.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Waterstown Application.
18.12.3. In the event of any failure of the App Store Sourced Waterstown Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Waterstown Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Waterstown Application. As between Waterstown and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Waterstown.
18.12.4. You and Waterstown acknowledge that, as between Waterstown and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Waterstown Application or your possession and use of the App Store Sourced Waterstown Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Waterstown Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
18.12.5. You and Waterstown acknowledge that, in the event of any third-party claim that the App Store Sourced Waterstown Application or your possession and use of that App Store Sourced Waterstown Application infringes that third party’s intellectual property rights, as between Waterstown and Apple, Waterstown, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
18.12.6. You and Waterstown acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Waterstown Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Waterstown Application against you as a third-party beneficiary thereof.18.12.7. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Waterstown Application.
18.13. Consumer Complaints.In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.18.14. Entire Agreement.The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.Version 1.0
19. Maintenance Package Clause:We, Waterstown Apps, offer a comprehensive maintenance package tailored to ensure the smooth and uninterrupted functioning of the mobile app developed for your Shopify store. This package includes regular updates, bug fixes, security enhancements, and ongoing technical support, all designed to optimize the performance and user experience of your app.While the maintenance package is highly recommended to sustain the optimal functionality of your mobile app, we understand that you may choose not to avail of this service. In the event that you decide not to subscribe to our maintenance package, we want to inform you of the potential implications:
19.1. Compatibility Risk: As the Shopify platform, mobile operating systems, or other third-party integrations evolve over time, your mobile app may become incompatible with the updated environments. This could lead to unexpected errors, reduced functionality, or, in some cases, the app may stop working altogether.
19.2. Security Vulnerabilities: Cyber threats and vulnerabilities are constantly evolving. Without regular updates and security patches provided through our maintenance package, your app could become susceptible to potential security breaches, compromising sensitive data and user information.
19.3. Feature Deprivation: As your Shopify store grows, new features and enhancements may be introduced, and your mobile app may require updates to support these changes. Opting out of the maintenance package means missing out on these new features, leading to a potential loss of competitiveness in the market.
19.4. Bug and Performance Issues: Over time, minor bugs and performance issues may arise within your mobile app. Without regular maintenance and updates, these issues may persist, affecting the user experience and overall satisfaction of your customers.
19.5. Support Limitations: In the absence of the maintenance package, we may not be able to provide extensive technical support for any app-related issues that arise after the initial development phase. This could lead to extended resolution times and a lack of dedicated assistance.It is essential to recognize that mobile app technology is dynamic and requires continuous attention to ensure its effectiveness.
By subscribing to our maintenance package, you will have peace of mind knowing that our experienced team will work diligently to address any arising challenges and keep your app up-to-date and fully functional.We strongly advise you to carefully consider the advantages of our maintenance package and the potential risks associated with opting out. Should you have any questions or require further clarification regarding our maintenance services or their impact on your mobile app, please do not hesitate to contact us.
By continuing to use our services, including opting out of the maintenance package, you acknowledge that you have read and understood the implications outlined in this clause and agree to assume full responsibility for any consequences that may arise from not subscribing to our maintenance package.
20. Maintenance Fee Adjustment Notice:Additionally, we would like to inform you that the maintenance package fees are subject to change. As our company continues to grow and enhance the level of service we provide, we may find it necessary to adjust the maintenance fees to ensure we can maintain the same high standard of support and app performance.In the event of any changes to the maintenance fees, we commit to providing you with prior written notice. This notification will be sent to the email address associated with your Shopify store account, as well as any other contact information you have provided to us. The notice will be delivered at least thirty (30) days before the new fees come into effect.Please note that you will have the option to either accept the new maintenance fees and continue benefiting from our maintenance package, or you may choose to terminate the maintenance package subscription if you find the new fees unsuitable. Should you decide to terminate the maintenance package, your mobile app will still be accessible to your customers. However, we must emphasize that without ongoing maintenance and support, the risks outlined in the previous section may apply.We are committed to providing transparency in our business practices, and we believe that maintaining an open line of communication with our valued clients is essential. Our goal is to ensure your complete satisfaction and the continued success of your mobile app on the Shopify platform.If you have any questions or concerns about potential maintenance fee adjustments or any other aspect of our services, please feel free to reach out to our customer support team, and we will be more than happy to assist you.By continuing to use our maintenance services or any of our offerings, you acknowledge and agree to be bound by any future adjustments to the maintenance fees as outlined in this clause.
21. Post-Launch App Modification Clause:Upon the deployment and launch of the mobile app for your Shopify store (so as soon as the app is live on both Google Play and the App Store), any future bug fix requests, modifications or changes to the app's functionality, design, or features will be considered as separate and additional services. These modifications may include but are not limited to adding new features, bug fixes, implementing design updates, integrating third-party services, or making any other customizations to meet your evolving business needs. As each app modification is unique and may require varying levels of development effort, resources, and time, additional fees will apply for these post-launch app modifications. The exact fees will be determined based on the complexity and scope of the requested changes.Before initiating any post-launch modifications, we will provide you with a detailed proposal outlining the specific changes requested, the associated costs, and an estimated timeline for completion. This proposal will be communicated through email or any other agreed-upon communication channel.To proceed with the post-launch app modifications, we kindly request your explicit approval of the proposal and the associated fees. Once we receive your approval, our development team will promptly begin work on implementing the requested changes to the mobile app.Please be aware that opting to make post-launch modifications to your app may require additional testing and quality assurance to ensure the app's stability and compatibility. It is essential to consider the potential impact of post-launch modifications on your app's performance, compatibility with the Shopify platform, and user experience. We recommend discussing your requirements with our team in detail to ensure that the proposed changes align with your long-term business objectives.By proceeding with any post-launch app modifications, you acknowledge and agree to be bound by the associated fees and the terms outlined in this clause. We value your satisfaction and are dedicated to providing exceptional services to support the continuous growth and success of your mobile app on the Shopify platform.21. Custom Development Work
Coming soon
