End User License Agreement
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Anti-Fraude SMS is licensed to You (End User) by ApprZ Consulting, located at Avenida Lucas Pires, 12, 4º DTO, Amadora, Amadora 2650-444, Portugal ("Licensor"), for use exclusively under the terms of this License Agreement.
By downloading the Licensed Application from Google Play, and any update thereof (as permitted by this License Agreement), the User indicates that they agree to be bound by all the terms and conditions of this License Agreement, and that they accept this License Agreement. Google Play is referred to in this License Agreement as "Services".
The parties to this License Agreement acknowledge that the Services are not part of this License Agreement and are not bound by any provisions or obligations regarding the Licensed Application, such as warranty, liability, maintenance, and support thereof. ApprZ Consulting, and not the Services, is solely responsible for the Licensed Application and its content.
This License Agreement may not provide usage rules for the Licensed Application that conflict with the most recent Google Play Store Terms of Service ("Usage Rules"). ApprZ Consulting acknowledges that it has had the opportunity to review the Usage Rules and that this License Agreement does not conflict with them.
Anti-Fraude SMS, when purchased or downloaded through the Services, is licensed to the User for use exclusively under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to the User. Anti-Fraude SMS is intended for use on devices with the Android operating system.
Table of Contents
- 1. The Application
- 2. Scope of License
- 3. Technical Requirements
- 4. No Maintenance or Support
- 5. User Contributions
- 6. Contribution License
- 7. Liability
- 8. Warranty
- 9. Product Claims
- 10. Legal Compliance
- 11. Contact Information
- 12. Termination
- 13. Third-Party Terms
- 14. Intellectual Property Rights
- 15. Applicable Law
- 16. Miscellaneous Provisions
The Application
Anti-Fraude SMS ("Licensed Application") is software created to detect and protect users from SMS fraud — and customized for Android mobile devices ("Devices"). It is used to identify fraudulent SMS messages and protect users from phishing and scam attempts.
Scope of License
The scope of the license is defined by the terms of this agreement and the applicable application store policies.
Technical Requirements
The technical requirements are defined by the application store and the device compatibility specifications.
No Maintenance or Support
4.1 ApprZ Consulting is not obliged, expressly or implicitly, to provide any maintenance, technical support, or other type of support for the Licensed Application.
4.2 ApprZ Consulting and the End User acknowledge that the Services have no obligation to provide maintenance and support services regarding the Licensed Application.
User Contributions
The Licensed Application does not offer users the possibility to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, distribute, or broadcast content and materials to us or on the Licensed Application, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, "Contributions"). Contributions may be visible to other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application's Privacy Policy. By creating or making available any Contributions, the User represents and warrants that:
- 1 The creation, distribution, transmission, public display or performance, as well as accessing, downloading or copying of your Contributions does not and will not violate the proprietary rights of third parties, including, but not limited to, copyright, patent, trademark, trade secret or moral rights.
- 2 The User is the creator and owner, or holds the necessary licenses, rights, consents, authorizations and permissions to use and authorize us, the Licensed Application and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- 3 The User has obtained the written consent, authorization and/or permission of each individually identifiable person in your Contributions to use the name or likeness of each such identifiable person to permit inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- 4 Your Contributions are not false, inaccurate or misleading.
- 5 Your Contributions do not constitute unsolicited or unauthorized advertising or promotional material, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
- 6 Your Contributions are not obscene, indecent, lascivious, filthy, violent, harassing, defamatory, libelous or otherwise objectionable (as determined by us).
- 7 Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
- 8 Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person, or to promote violence against a specific person or group of people.
- 9 Your Contributions do not violate any applicable law, regulation or rule.
- 10 Your Contributions do not violate the privacy or publicity rights of third parties.
- 11 Your Contributions do not violate any applicable law regarding child pornography, nor are they intended to protect the health or well-being of minors.
- 12 Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference or physical disability.
- 13 Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the above constitutes a breach of this License Agreement and may result in, among other consequences, the termination or suspension of your rights to use the Licensed Application.
Contribution License
The User agrees that we may access, store, process and use any information and personal data you provide us, under the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Licensed Application, the User agrees that we may use and share such feedback for any purpose, without any compensation to the User.
We do not claim any ownership over your Contributions. The User retains full ownership of all their Contributions and any intellectual property rights or other proprietary rights associated with them. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Licensed Application. The User is solely responsible for their Contributions to the Licensed Application and expressly agrees to exonerate us from any and all liability and to refrain from taking any legal action against us regarding your Contributions.
Liability
Liability is governed by applicable law and the terms set forth in this agreement.
Warranty
8.1 The Licensor warrants that the Licensed Application is free of spyware, Trojan horses, viruses, or any other malware at the time of download by the User. The Licensor warrants that the Licensed Application functions as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been modified without authorization, handled improperly or culpably, combined or installed with unsuitable hardware or software, used with unsuitable accessories, whether by the User themselves or by third parties, or if there are other reasons outside the sphere of influence of ApprZ Consulting that affect the executability of the Licensed Application.
8.3 The User is obliged to inspect the Licensed Application immediately after its installation and to notify ApprZ Consulting of any issues detected without delay, by email through the Contact Information. The defect report will be taken into consideration and investigated if it has been sent by email within a period of 14 (fourteen) days after its discovery.
8.4 If we confirm that the Licensed Application is defective, ApprZ Consulting reserves the right to choose the way to remedy the situation, whether through resolving the defect or substitute delivery.
8.5 In case of failure of the Licensed Application to comply with any applicable warranty, the User may notify the Store Operator of Services, and the purchase price of the Licensed Application will be refunded to them. To the maximum extent permitted by applicable law, the Store Operator of Services will have no other warranty obligation regarding the Licensed Application, nor regarding any other losses, claims, damages, liabilities, expenses and costs attributable to the breach of any warranty.
8.6 If the user is an entrepreneur, any claim based on defects expires after a legal term of twelve (12) months starting from the date the Licensed Application was made available to the user. For users who are consumers, the legal prescription periods provided for in the law apply.
Product Claims
ApprZ Consulting and the End User acknowledge that ApprZ Consulting, and not the Services, is responsible for addressing any claims of the End User or any third party relating to the Licensed Application or the End User’s possession and/or use of that Licensed Application, including, but not limited to:
- (i) product liability claims;
- (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- (iii) claims arising under consumer protection, privacy, or similar legislation.
Legal Compliance
The User represents and warrants that they 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 that they are not listed on any U.S. Government list of prohibited or restricted parties.
Contact Information
For general questions, complaints, inquiries or requests related to the Licensed Application, please contact:
ApprZ Consulting
Avenida Lucas Pires, 12
4º DTO
Amadora, Amadora 2650-444
Portugal
apprz.team@gmail.comTermination
The license is valid until terminated by ApprZ Consulting or by the User. Your rights under this license will terminate automatically and without notice from ApprZ Consulting if you fail to comply with any term of this license. Upon termination of the license, the User shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
Third-Party Terms of Agreements and Beneficiary
ApprZ Consulting represents and warrants that it will comply with applicable third-party terms of agreement when using the Licensed Application.
In accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement", Google Play's subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon the User’s acceptance of the terms and conditions of this License Agreement, Google Play will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against the User as a third-party beneficiary thereof.
Intellectual Property Rights
ApprZ Consulting and the End User acknowledge that, in the event of any third-party claim that the Licensed Application or the End User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, ApprZ Consulting, and not the Services, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Applicable Law
This License Agreement is governed by the laws of Portugal, excluding its conflict of law rules.
Miscellaneous Provisions
16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that achieves the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if recorded in writing. The preceding clause can only be waived in writing.