This End User License Agreement ("EULA") is a binding contract between you and Havasi Holding LLC ("BodyTree", "we", "us", "our") governing your use of the BodyTree mobile application (the "App") downloaded from the Apple App Store or Google Play. This EULA supplements our Terms of Service and Privacy Policy, which also apply to your use of the App. If this EULA conflicts with the Terms of Service, the Terms of Service control except where this EULA grants Apple or Google additional rights or protections.
We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for personal, non-commercial purposes on devices that you own or control, as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions or the Google Play Terms of Service, as applicable. The App is licensed, not sold, to you. We reserve all rights not expressly granted.
You may not copy, modify, distribute, sell, lease, rent, or sublicense the App; reverse engineer, decompile, or disassemble the App except to the extent permitted by applicable law; remove proprietary notices; or use the App in violation of the Terms of Service or applicable law.
If you obtained the App from the Apple App Store: this EULA is concluded between you and Havasi Holding LLC only, not with Apple Inc. ("Apple"). Havasi Holding LLC, not Apple, is solely responsible for the App and its content. To the extent this EULA provides usage rules less restrictive than or in conflict with the Apple Media Services Terms and Conditions, the latter control.
Havasi Holding LLC is solely responsible for providing any maintenance and support services for the App, as specified in this EULA or required by applicable law. Apple and Google have no obligation to furnish any maintenance or support services for the App. Support: [email protected].
Havasi Holding LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If you obtained the App from the Apple App Store and the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Havasi Holding LLC. The warranty disclaimers in Section 15 of the Terms of Service apply to this EULA.
Havasi Holding LLC, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Havasi Holding LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement and the terms of the third-party services listed in Section 11 of the Terms of Service).
Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA if you obtained the App from the Apple App Store, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. If you obtained the App from Google Play, Google LLC is likewise a third-party beneficiary of this EULA.
This EULA is effective until terminated. Your rights under this EULA terminate automatically if you fail to comply with any of its terms. Upon termination you must cease all use of the App and delete all copies.
This EULA is governed by the laws of the State of Utah, USA, without regard to conflict-of-laws principles. The dispute resolution, arbitration, and class action waiver provisions of Sections 18 and 19 of the Terms of Service apply to any dispute arising out of this EULA.
Havasi Holding LLC
7533 S Center View St, Ste N
West Jordan, UT 84084
United States
[email protected]