End User License Agreement

This End User License Agreement (“EULA”) is between you and BrandWorksApp LLC (the “Licensor”) for the BrandWorksApp Insights mobile and desktop application (the “App”). Downloading or using the App means you accept this EULA, the Terms of Use and the Privacy Policy.

1. License

The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for your own business purposes. On Apple devices this use is also subject to the Usage Rules in the Apple Media Services Terms and Conditions.

2. Restrictions

You may not copy, modify, distribute, sell, rent or sublicense the App; reverse-engineer it except where the law allows; remove proprietary notices; or use it to break the law.

3. Account and data

Some features need an account. Data is handled under the Privacy Policy. You can delete your account in the App: Profile → Delete account and all data.

4. Updates

We may release updates. Some updates may be required to keep using the App.

5. App Store terms (Apple)

If you got the App from the Apple App Store:

• This EULA is between you and the Licensor only, not with Apple Inc. (“Apple”). The Licensor, not Apple, is solely responsible for the App and its content.
• Apple has no obligation to provide any maintenance or support for the App. Support is provided by the Licensor at support@brandworksapp.us.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• The Licensor, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection or privacy claims.
• If a third party claims that the App infringes its intellectual property rights, the Licensor, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (for example, your mobile data plan) when using the App.
• Apple and its subsidiaries are third-party beneficiaries of this EULA and, once you accept it, Apple may enforce it against you as a third-party beneficiary.

6. Google Play

If you got the App from Google Play, the Google Play Terms of Service also apply. Google is not responsible for the App.

7. Termination

This license ends automatically if you break this EULA. On termination you must stop using the App and delete it.

8. No warranty

To the maximum extent permitted by law, the App is provided “as is”, without warranties of any kind.

9. Limitation of liability

To the maximum extent permitted by law, the Licensor is not liable for indirect, incidental, special or consequential damages, or loss of profits or data, arising from use of the App.

10. Export

You may not use or export the App in violation of U.S. law or the laws of the country where you got it.

11. Governing law

This EULA is governed by the laws of the State of Florida, USA. Disputes go to the courts of Osceola County, Florida.

12. Contact

Questions, complaints or claims about the App: support@brandworksapp.us · BrandWorksApp LLC, 700 Siena Palm Dr, Apt 303, Celebration, FL 34747, USA · +1 (727) 370-2545.