Gumdrop App End User License Agreement

This End User License Agreement (“Agreement”) is between you and CodeBoss Tech LLC (“CBT”) only, and not Apple, Inc. (“Apple”), and governs use of the Gumdrop app (“Gumdrop”) made available through the Apple App Store. By installing Gumdrop, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use Gumdrop.

In order to ensure Gumdrop provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.

1. Parties

The licence granted to you in this Agreement is to use Gumdrop is for use on Apple-branded products, owned or controlled by you. Gumdrop may be used or accessed by other accounts associated with you via Family Sharing or volume purchasing.

This Agreement is not between you Apple. Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. CBT, not Apple, is solely responsible for Gumdrop and its content.

You must comply with applicable third party terms of agreement when using Gumdrop.

If there are any conflicts between these Terms and the Apple Store Terms of Service, the Apple Store Terms of Service will apply.

2. Privacy

Please see our privacy policy for more information on your privacy while using Gumdrop.

3. Limited License

CodeBoss Tech LLC grants you a limited, non-exclusive, non-transferable, revocable license to use Gumdrop for your personal, non-commercial purposes. You may only use Gumdrop on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions

By using Gumdrop, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by this Agreement; (b) if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of Gumdrop does not violate any applicable law or regulation. Your access to Gumdrop may be terminated without warning if Gumdrop believes, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of Gumdrop, you agree to be bound by this Agreement in respect to your child’s use of Gumdrop.

5. Objectionable Content Policy

Content may not be submitted to Gumdrop, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty

In the event of any failure of Gumdrop to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Gumdrop to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Gumdrop, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

7. Maintenance and Support

Gumdrop does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Gumdrop, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

CBT is responsible for addressing any claims from you or any third party relating to the App or the end- user’s possession and/or use of the [DN: app name] App, including, but not limited to:

  1. product liability claims;
  2. any claim that the [DN: app name] App fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection, privacy, or similar legislation, including in connection with [DN: app name]’s use of the HealthKit and HomeKit frameworks.

9. Third Party Intellectual Property Claims

Gumdrop shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to Gumdrop. To the extent Gumdrop is required to provide indemnification by applicable law, Gumdrop, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that Gumdrop or your use of it infringes any third party intellectual property right.

10. Legal Compliance

You represent and warrant that

  1. 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
  2. you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

CodeBoss Tech LLC

8701 SHOAL CREEK BLVD STE 401 AUSTIN, TX 78757

[email protected]