fuse

TestFlight End User License Agreement


By signing up to participate in testing of Fuse (the “App”) through TestFlight, you are agreeing to comply with and be bound by the following End User License Agreement (“EULA”) and all terms and conditions incorporated by reference. Please review this EULA carefully before signing up to participate in testing. If you do not agree to this EULA, you should not participate in testing of the App.

  • Licensor Information

The App is an iOS App developed and owned by Squads Labs Inc., a Delaware corporation (the “Company”), which can be reached at info@sqds.io.

  • Apple’s TestFlight Terms of Use

Apple provides TestFlight Terms of Service (“Apple’s TOS”) which you agree to when you download their TestFlight app. Apple’s TestFlight Terms of Service are incorporated herein by reference. If any terms of Apple’s TestFlight Terms of Service conflict with the Terms of this EULA, the terms of this EULA should be read as a modification of Apple’s TOS.

  • User Eligibility

By signing up to participate in testing of the App, you agree to follow and be bound by this EULA and agree to comply with all applicable laws and regulations, including United States and Delaware laws. If you breach this EULA, your license to use the App will immediately end and you must immediately cease all use of the App.

Testing is limited to parties that can lawfully enter into and form contracts under applicable law. Minors are not eligible to participate in testing and we ask that they do not submit any personal information to us. You agree that by signing up for testing you are at least 18 years of age and you are legally able to enter into a contract.

By downloading any version of the App through TestFlight, you represent that you have all requisite right, power, and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You acknowledge that you are entering into this Agreement voluntarily and without any duress or undue influence. You acknowledge that you have sought the advice of an attorney of your choice, if so desired, prior to entering into this Agreement.

  • Scope of EULA

This EULA only applies to testing of the App through TestFlight, and not any website or any other application. Any version of the App released through the Apple App Store, or any other public release platform will be governed by any licensing terms provided, which will supersede this EULA.

  • Modifications to EULA

The Company may, without notice to you, at any time amend this EULA. The latest EULA will be posted on our website at fusewallet.com, and you should review the EULA prior to testing the App. Your continued participation in testing of the App after any changes to this EULA are posted will be considered acceptance of those changes.

  • App Privacy Policy

The Squads Privacy Policy (the “Privacy Policy”) governs the use of information collected from or provided by you through the App. The Privacy Policy is incorporated within this EULA by reference. A full copy of the App Privacy Policy is available here fusewallet.com/legal/privacy-policy.

  • Ownership of Content

The App is owned by the Company. The past, present, and future versions of the App; all pages found within the Company’s website (the “Website”), the material and information in the App and on the Website, all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained in the App or on the Website; trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled, or licensed by or to the Company, and are protected by intellectual property laws (the “IP Laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other proprietary rights and unfair competition laws. In using the App, you acknowledge and agree to abide by all applicable IP Laws, as well as any specific notice contained on the Website. All rights not expressly granted are reserved.

Screenshots and any other content obtained from the app while you are participating in testing may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, leased, loaned, resold, or otherwise distributed in any way, without the Company’s express prior written authorization. This provision specifically bars sharing of screenshots or content either publicly (e.g., on your blog or social media accounts) or privately (e.g., in a text message to a friend). To request authorization, please fill out our contact form. Unauthorized use of testing materials will result in your immediate termination from testing and violate applicable Intellectual Property laws or other laws.

  • Compliance with Law

You agree to participate in testing in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company, its personnel, its affiliates, or the App and shall take no actions which would cause the Company or its affiliates to be in violation of any laws, rulings, or regulations.

  • Disclaimers

    • No information contained in the App is a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service in the App or on any outside platform. No statement herein made constitutes an offer to sell or a solicitation of an offer to buy a note or other security. The Company and its affiliates are not liable nor responsible for any information provided by third parties. The information contained in the App has been prepared without reference to anyone’s investment requirements or financial situation.

    • You accept all risk of using the App and their content. As far as the law allows, the Company provides the App and its content “as is,” without any warranty whatsoever. The Company expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights.

    • You confirm that you accept all risk associated with your usage of the App, including all risk associated with your personal financial and cryptocurrency holdings and transfers. You agree and acknowledge that the Company is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the App, or arising from disclosure of your personal wallet “key,” even if such loss may be attributed to an error or “bug” in the App.

    • The Company does not warrant that the App will be compatible with your mobile device or carrier. Your use of the App may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.

    • At any time, your access to your tokens or other cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use which may result in your tokens or other cryptocurrency assets diminishing in value or you being unable to complete a smart contract.

    • You accept all risks associated with the use of the App to conduct cryptocurrency transactions, including, but not limited to, in connection with the failure of hardware, software, internet connections, and failures related to any supported network.

    • The App may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

    • The App may hyperlink to and integrate websites and services run by others. The Company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

    • You agree that you understand the inherent risks associated with cryptographic systems, including hacking risks and future technological development.

    • You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge and understand that with regard to any cryptographic tokens “stored” in a wallet to which you have custody, you alone are responsible for securing your private key(s). The Company does not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet.

    • You agree that with regard to any cryptographic tokens or other assets stored on resources hosted by the Company, the Company is not liable to you for any loss, failure, or unavailability of any kind, of such tokens or assets, for any reason.

    • The information and services provided on the App are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the Company is not authorized to provide such information or services. Some products and services described on the App may not be available in all jurisdictions or to all clients.

    • You acknowledge that you are not relying on the Company or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The Company does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other users. You agree that the Company and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.

    • It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the App and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that the Company is not responsible for determining whether taxes apply to the exchanges made under the App.

  • Blockchain

Using the App may require that you pay a fee to the Company. Using the App may also require that you pay a fee to parties other than the Company, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that the Company has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or App before initiating such transaction. The Company is not responsible or liable for any lost or misdirected funds due to any mistake on your part.

  • Payments

For any payment, you agree to provide current, complete, and accurate purchase and account information for all purchases or subscriptions made via the App. You further agree to promptly update account and payment information as needed. Sales tax will be added to the price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in USDC stablecoins or otherwise as provided by the Company. All purchases are non-refundable.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize the Company to accept payments you tender for such charges or fees. If your purchase is subject to recurring charges, then you consent to the Company charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, to the extent such recurring charges are possible under the method of payment provided, until you notify the Company of your cancellation.

The Company reserves the right to correct any errors or mistakes in pricing, even if the Company has already requested or received payment. The Company reserves the right to refuse any order placed through the App. The Company reserves the right to cancel or refuse to provide any products or services due to a failure by you to tender any amount due, even if such failure is caused by a mistake on your part.

  • Limitation of Liability / Indemnification

As far as the law allows, neither you nor the Company will not be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the App or this EULA. Both you and the Company acknowledge that the limitations of liability in this section are material provisions of this EULA, and that absent those limitations of liability, one or both of the parties would have declined to enter into the EULA on the economic and other terms stated in it.

To the extent not expressly prohibited by law, both you and the Company knowingly, voluntarily, intentionally, permanently, and irrevocably:

  • AGREE that the rights and obligations of both you and the Company that arise out of or relate to the App, or any transaction or relationship resulting from the App or this EULA, are to be defined solely under the law of contract in accordance with the express provisions of this EULA; and

  • WAIVE any such obligations allegedly owed by you or the Company that are not expressly stated in this EULA, whether those obligations are alleged to arise in (for example) quasi-contract; quantum meruit; unjust enrichment; promissory estoppel; tort; strict liability; by law (including for example any constitution, statute, or regulation); or otherwise.

You and the Company specifically agree that each limitation of liability in this section is to apply:

  • to both you and the Company, and to the affiliates, agents, and associated individuals of both you and the Company;

  • to all claims for damages or other monetary relief, whether alleged to arise in contract, tort (including for example negligence, gross negligence, or willful misconduct), or otherwise;

  • regardless whether the damages are alleged to arise in contract, negligence, gross negligence, other tort, willful misconduct, or otherwise;

  • even if the allegedly-liable party was advised, knew, or had reason to know of the possibility of excluded damages and/or of damages in excess of the relevant damages cap, if any; and

  • even if one or more limited remedies fail of their respective essential purposes.

Except as expressly stated otherwise in this EULA: The cumulative total liability of both you and the Company, for any and all breaches of this EULA, is not to exceed one hundred US Dollars ($100.00 USD) OR the amount paid by you to the Company as fees for the use of the App, whichever is smaller. Both you and the Company expressly agree not to seek damages in excess of any applicable limitation of liability stated in this EULA. Both you and the Company acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, though, is not to be taken as a concession that any particular limitation or exclusion should not apply.

You agree that you will defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of the App.

  • Governing Law, Disputes, and Jurisdiction

Any legal action or proceeding relating to your access to or use of the App through testing is governed by Delaware Law.

In the event of any dispute between you and the Company, its personnel, or its affiliates, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion.

In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of Delaware shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in such courts.

  • Waiver and Severability of Terms

The failure of the Company, its personnel, or any affiliate to exercise or enforce any right or provision of this EULA or any other agreement shall not constitute a waiver of such right or provision.

If any provision of this EULA is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the EULA shall remain in full force and effect.

  • Headings

Section headings are included in the EULA for convenience only. They are not to be considered a part of the EULA and are not intended to be a full and accurate description of the contents hereof.

  • Complete Agreement

This EULA and the other documents incorporated herein by reference are the entire agreement between you and the Company with respect to testing of the App, and supersede all discussions, communications, conversations, and agreements concerning the subject matter hereof. You may also be subject to the Terms of Use and the Privacy Policy for the Company’s website or that of an affiliate.

fuse

TestFlight End User License Agreement


By signing up to participate in testing of Fuse (the “App”) through TestFlight, you are agreeing to comply with and be bound by the following End User License Agreement (“EULA”) and all terms and conditions incorporated by reference. Please review this EULA carefully before signing up to participate in testing. If you do not agree to this EULA, you should not participate in testing of the App.

  • Licensor Information

The App is an iOS App developed and owned by Squads Labs Inc., a Delaware corporation (the “Company”), which can be reached at info@sqds.io.

  • Apple’s TestFlight Terms of Use

Apple provides TestFlight Terms of Service (“Apple’s TOS”) which you agree to when you download their TestFlight app. Apple’s TestFlight Terms of Service are incorporated herein by reference. If any terms of Apple’s TestFlight Terms of Service conflict with the Terms of this EULA, the terms of this EULA should be read as a modification of Apple’s TOS.

  • User Eligibility

By signing up to participate in testing of the App, you agree to follow and be bound by this EULA and agree to comply with all applicable laws and regulations, including United States and Delaware laws. If you breach this EULA, your license to use the App will immediately end and you must immediately cease all use of the App.

Testing is limited to parties that can lawfully enter into and form contracts under applicable law. Minors are not eligible to participate in testing and we ask that they do not submit any personal information to us. You agree that by signing up for testing you are at least 18 years of age and you are legally able to enter into a contract.

By downloading any version of the App through TestFlight, you represent that you have all requisite right, power, and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You acknowledge that you are entering into this Agreement voluntarily and without any duress or undue influence. You acknowledge that you have sought the advice of an attorney of your choice, if so desired, prior to entering into this Agreement.

  • Scope of EULA

This EULA only applies to testing of the App through TestFlight, and not any website or any other application. Any version of the App released through the Apple App Store, or any other public release platform will be governed by any licensing terms provided, which will supersede this EULA.

  • Modifications to EULA

The Company may, without notice to you, at any time amend this EULA. The latest EULA will be posted on our website at fusewallet.com, and you should review the EULA prior to testing the App. Your continued participation in testing of the App after any changes to this EULA are posted will be considered acceptance of those changes.

  • App Privacy Policy

The Squads Privacy Policy (the “Privacy Policy”) governs the use of information collected from or provided by you through the App. The Privacy Policy is incorporated within this EULA by reference. A full copy of the App Privacy Policy is available here fusewallet.com/legal/privacy-policy.

  • Ownership of Content

The App is owned by the Company. The past, present, and future versions of the App; all pages found within the Company’s website (the “Website”), the material and information in the App and on the Website, all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained in the App or on the Website; trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled, or licensed by or to the Company, and are protected by intellectual property laws (the “IP Laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other proprietary rights and unfair competition laws. In using the App, you acknowledge and agree to abide by all applicable IP Laws, as well as any specific notice contained on the Website. All rights not expressly granted are reserved.

Screenshots and any other content obtained from the app while you are participating in testing may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, leased, loaned, resold, or otherwise distributed in any way, without the Company’s express prior written authorization. This provision specifically bars sharing of screenshots or content either publicly (e.g., on your blog or social media accounts) or privately (e.g., in a text message to a friend). To request authorization, please fill out our contact form. Unauthorized use of testing materials will result in your immediate termination from testing and violate applicable Intellectual Property laws or other laws.

  • Compliance with Law

You agree to participate in testing in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company, its personnel, its affiliates, or the App and shall take no actions which would cause the Company or its affiliates to be in violation of any laws, rulings, or regulations.

  • Disclaimers

    • No information contained in the App is a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service in the App or on any outside platform. No statement herein made constitutes an offer to sell or a solicitation of an offer to buy a note or other security. The Company and its affiliates are not liable nor responsible for any information provided by third parties. The information contained in the App has been prepared without reference to anyone’s investment requirements or financial situation.

    • You accept all risk of using the App and their content. As far as the law allows, the Company provides the App and its content “as is,” without any warranty whatsoever. The Company expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights.

    • You confirm that you accept all risk associated with your usage of the App, including all risk associated with your personal financial and cryptocurrency holdings and transfers. You agree and acknowledge that the Company is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the App, or arising from disclosure of your personal wallet “key,” even if such loss may be attributed to an error or “bug” in the App.

    • The Company does not warrant that the App will be compatible with your mobile device or carrier. Your use of the App may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.

    • At any time, your access to your tokens or other cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use which may result in your tokens or other cryptocurrency assets diminishing in value or you being unable to complete a smart contract.

    • You accept all risks associated with the use of the App to conduct cryptocurrency transactions, including, but not limited to, in connection with the failure of hardware, software, internet connections, and failures related to any supported network.

    • The App may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

    • The App may hyperlink to and integrate websites and services run by others. The Company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

    • You agree that you understand the inherent risks associated with cryptographic systems, including hacking risks and future technological development.

    • You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge and understand that with regard to any cryptographic tokens “stored” in a wallet to which you have custody, you alone are responsible for securing your private key(s). The Company does not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet.

    • You agree that with regard to any cryptographic tokens or other assets stored on resources hosted by the Company, the Company is not liable to you for any loss, failure, or unavailability of any kind, of such tokens or assets, for any reason.

    • The information and services provided on the App are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the Company is not authorized to provide such information or services. Some products and services described on the App may not be available in all jurisdictions or to all clients.

    • You acknowledge that you are not relying on the Company or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The Company does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other users. You agree that the Company and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.

    • It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the App and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that the Company is not responsible for determining whether taxes apply to the exchanges made under the App.

  • Blockchain

Using the App may require that you pay a fee to the Company. Using the App may also require that you pay a fee to parties other than the Company, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that the Company has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or App before initiating such transaction. The Company is not responsible or liable for any lost or misdirected funds due to any mistake on your part.

  • Payments

For any payment, you agree to provide current, complete, and accurate purchase and account information for all purchases or subscriptions made via the App. You further agree to promptly update account and payment information as needed. Sales tax will be added to the price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in USDC stablecoins or otherwise as provided by the Company. All purchases are non-refundable.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize the Company to accept payments you tender for such charges or fees. If your purchase is subject to recurring charges, then you consent to the Company charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, to the extent such recurring charges are possible under the method of payment provided, until you notify the Company of your cancellation.

The Company reserves the right to correct any errors or mistakes in pricing, even if the Company has already requested or received payment. The Company reserves the right to refuse any order placed through the App. The Company reserves the right to cancel or refuse to provide any products or services due to a failure by you to tender any amount due, even if such failure is caused by a mistake on your part.

  • Limitation of Liability / Indemnification

As far as the law allows, neither you nor the Company will not be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the App or this EULA. Both you and the Company acknowledge that the limitations of liability in this section are material provisions of this EULA, and that absent those limitations of liability, one or both of the parties would have declined to enter into the EULA on the economic and other terms stated in it.

To the extent not expressly prohibited by law, both you and the Company knowingly, voluntarily, intentionally, permanently, and irrevocably:

  • AGREE that the rights and obligations of both you and the Company that arise out of or relate to the App, or any transaction or relationship resulting from the App or this EULA, are to be defined solely under the law of contract in accordance with the express provisions of this EULA; and

  • WAIVE any such obligations allegedly owed by you or the Company that are not expressly stated in this EULA, whether those obligations are alleged to arise in (for example) quasi-contract; quantum meruit; unjust enrichment; promissory estoppel; tort; strict liability; by law (including for example any constitution, statute, or regulation); or otherwise.

You and the Company specifically agree that each limitation of liability in this section is to apply:

  • to both you and the Company, and to the affiliates, agents, and associated individuals of both you and the Company;

  • to all claims for damages or other monetary relief, whether alleged to arise in contract, tort (including for example negligence, gross negligence, or willful misconduct), or otherwise;

  • regardless whether the damages are alleged to arise in contract, negligence, gross negligence, other tort, willful misconduct, or otherwise;

  • even if the allegedly-liable party was advised, knew, or had reason to know of the possibility of excluded damages and/or of damages in excess of the relevant damages cap, if any; and

  • even if one or more limited remedies fail of their respective essential purposes.

Except as expressly stated otherwise in this EULA: The cumulative total liability of both you and the Company, for any and all breaches of this EULA, is not to exceed one hundred US Dollars ($100.00 USD) OR the amount paid by you to the Company as fees for the use of the App, whichever is smaller. Both you and the Company expressly agree not to seek damages in excess of any applicable limitation of liability stated in this EULA. Both you and the Company acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, though, is not to be taken as a concession that any particular limitation or exclusion should not apply.

You agree that you will defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of the App.

  • Governing Law, Disputes, and Jurisdiction

Any legal action or proceeding relating to your access to or use of the App through testing is governed by Delaware Law.

In the event of any dispute between you and the Company, its personnel, or its affiliates, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion.

In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of Delaware shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in such courts.

  • Waiver and Severability of Terms

The failure of the Company, its personnel, or any affiliate to exercise or enforce any right or provision of this EULA or any other agreement shall not constitute a waiver of such right or provision.

If any provision of this EULA is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the EULA shall remain in full force and effect.

  • Headings

Section headings are included in the EULA for convenience only. They are not to be considered a part of the EULA and are not intended to be a full and accurate description of the contents hereof.

  • Complete Agreement

This EULA and the other documents incorporated herein by reference are the entire agreement between you and the Company with respect to testing of the App, and supersede all discussions, communications, conversations, and agreements concerning the subject matter hereof. You may also be subject to the Terms of Use and the Privacy Policy for the Company’s website or that of an affiliate.

fuse

TestFlight End User License Agreement


By signing up to participate in testing of Fuse (the “App”) through TestFlight, you are agreeing to comply with and be bound by the following End User License Agreement (“EULA”) and all terms and conditions incorporated by reference. Please review this EULA carefully before signing up to participate in testing. If you do not agree to this EULA, you should not participate in testing of the App.

  • Licensor Information

The App is an iOS App developed and owned by Squads Labs Inc., a Delaware corporation (the “Company”), which can be reached at info@sqds.io.

  • Apple’s TestFlight Terms of Use

Apple provides TestFlight Terms of Service (“Apple’s TOS”) which you agree to when you download their TestFlight app. Apple’s TestFlight Terms of Service are incorporated herein by reference. If any terms of Apple’s TestFlight Terms of Service conflict with the Terms of this EULA, the terms of this EULA should be read as a modification of Apple’s TOS.

  • User Eligibility

By signing up to participate in testing of the App, you agree to follow and be bound by this EULA and agree to comply with all applicable laws and regulations, including United States and Delaware laws. If you breach this EULA, your license to use the App will immediately end and you must immediately cease all use of the App.

Testing is limited to parties that can lawfully enter into and form contracts under applicable law. Minors are not eligible to participate in testing and we ask that they do not submit any personal information to us. You agree that by signing up for testing you are at least 18 years of age and you are legally able to enter into a contract.

By downloading any version of the App through TestFlight, you represent that you have all requisite right, power, and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You acknowledge that you are entering into this Agreement voluntarily and without any duress or undue influence. You acknowledge that you have sought the advice of an attorney of your choice, if so desired, prior to entering into this Agreement.

  • Scope of EULA

This EULA only applies to testing of the App through TestFlight, and not any website or any other application. Any version of the App released through the Apple App Store, or any other public release platform will be governed by any licensing terms provided, which will supersede this EULA.

  • Modifications to EULA

The Company may, without notice to you, at any time amend this EULA. The latest EULA will be posted on our website at fusewallet.com, and you should review the EULA prior to testing the App. Your continued participation in testing of the App after any changes to this EULA are posted will be considered acceptance of those changes.

  • App Privacy Policy

The Squads Privacy Policy (the “Privacy Policy”) governs the use of information collected from or provided by you through the App. The Privacy Policy is incorporated within this EULA by reference. A full copy of the App Privacy Policy is available here fusewallet.com/legal/privacy-policy.

  • Ownership of Content

The App is owned by the Company. The past, present, and future versions of the App; all pages found within the Company’s website (the “Website”), the material and information in the App and on the Website, all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained in the App or on the Website; trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled, or licensed by or to the Company, and are protected by intellectual property laws (the “IP Laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other proprietary rights and unfair competition laws. In using the App, you acknowledge and agree to abide by all applicable IP Laws, as well as any specific notice contained on the Website. All rights not expressly granted are reserved.

Screenshots and any other content obtained from the app while you are participating in testing may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, leased, loaned, resold, or otherwise distributed in any way, without the Company’s express prior written authorization. This provision specifically bars sharing of screenshots or content either publicly (e.g., on your blog or social media accounts) or privately (e.g., in a text message to a friend). To request authorization, please fill out our contact form. Unauthorized use of testing materials will result in your immediate termination from testing and violate applicable Intellectual Property laws or other laws.

  • Compliance with Law

You agree to participate in testing in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company, its personnel, its affiliates, or the App and shall take no actions which would cause the Company or its affiliates to be in violation of any laws, rulings, or regulations.

  • Disclaimers

    • No information contained in the App is a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service in the App or on any outside platform. No statement herein made constitutes an offer to sell or a solicitation of an offer to buy a note or other security. The Company and its affiliates are not liable nor responsible for any information provided by third parties. The information contained in the App has been prepared without reference to anyone’s investment requirements or financial situation.

    • You accept all risk of using the App and their content. As far as the law allows, the Company provides the App and its content “as is,” without any warranty whatsoever. The Company expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights.

    • You confirm that you accept all risk associated with your usage of the App, including all risk associated with your personal financial and cryptocurrency holdings and transfers. You agree and acknowledge that the Company is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the App, or arising from disclosure of your personal wallet “key,” even if such loss may be attributed to an error or “bug” in the App.

    • The Company does not warrant that the App will be compatible with your mobile device or carrier. Your use of the App may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.

    • At any time, your access to your tokens or other cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use which may result in your tokens or other cryptocurrency assets diminishing in value or you being unable to complete a smart contract.

    • You accept all risks associated with the use of the App to conduct cryptocurrency transactions, including, but not limited to, in connection with the failure of hardware, software, internet connections, and failures related to any supported network.

    • The App may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

    • The App may hyperlink to and integrate websites and services run by others. The Company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

    • You agree that you understand the inherent risks associated with cryptographic systems, including hacking risks and future technological development.

    • You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge and understand that with regard to any cryptographic tokens “stored” in a wallet to which you have custody, you alone are responsible for securing your private key(s). The Company does not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet.

    • You agree that with regard to any cryptographic tokens or other assets stored on resources hosted by the Company, the Company is not liable to you for any loss, failure, or unavailability of any kind, of such tokens or assets, for any reason.

    • The information and services provided on the App are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the Company is not authorized to provide such information or services. Some products and services described on the App may not be available in all jurisdictions or to all clients.

    • You acknowledge that you are not relying on the Company or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The Company does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other users. You agree that the Company and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.

    • It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the App and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that the Company is not responsible for determining whether taxes apply to the exchanges made under the App.

  • Blockchain

Using the App may require that you pay a fee to the Company. Using the App may also require that you pay a fee to parties other than the Company, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that the Company has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or App before initiating such transaction. The Company is not responsible or liable for any lost or misdirected funds due to any mistake on your part.

  • Payments

For any payment, you agree to provide current, complete, and accurate purchase and account information for all purchases or subscriptions made via the App. You further agree to promptly update account and payment information as needed. Sales tax will be added to the price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in USDC stablecoins or otherwise as provided by the Company. All purchases are non-refundable.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize the Company to accept payments you tender for such charges or fees. If your purchase is subject to recurring charges, then you consent to the Company charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, to the extent such recurring charges are possible under the method of payment provided, until you notify the Company of your cancellation.

The Company reserves the right to correct any errors or mistakes in pricing, even if the Company has already requested or received payment. The Company reserves the right to refuse any order placed through the App. The Company reserves the right to cancel or refuse to provide any products or services due to a failure by you to tender any amount due, even if such failure is caused by a mistake on your part.

  • Limitation of Liability / Indemnification

As far as the law allows, neither you nor the Company will not be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the App or this EULA. Both you and the Company acknowledge that the limitations of liability in this section are material provisions of this EULA, and that absent those limitations of liability, one or both of the parties would have declined to enter into the EULA on the economic and other terms stated in it.

To the extent not expressly prohibited by law, both you and the Company knowingly, voluntarily, intentionally, permanently, and irrevocably:

  • AGREE that the rights and obligations of both you and the Company that arise out of or relate to the App, or any transaction or relationship resulting from the App or this EULA, are to be defined solely under the law of contract in accordance with the express provisions of this EULA; and

  • WAIVE any such obligations allegedly owed by you or the Company that are not expressly stated in this EULA, whether those obligations are alleged to arise in (for example) quasi-contract; quantum meruit; unjust enrichment; promissory estoppel; tort; strict liability; by law (including for example any constitution, statute, or regulation); or otherwise.

You and the Company specifically agree that each limitation of liability in this section is to apply:

  • to both you and the Company, and to the affiliates, agents, and associated individuals of both you and the Company;

  • to all claims for damages or other monetary relief, whether alleged to arise in contract, tort (including for example negligence, gross negligence, or willful misconduct), or otherwise;

  • regardless whether the damages are alleged to arise in contract, negligence, gross negligence, other tort, willful misconduct, or otherwise;

  • even if the allegedly-liable party was advised, knew, or had reason to know of the possibility of excluded damages and/or of damages in excess of the relevant damages cap, if any; and

  • even if one or more limited remedies fail of their respective essential purposes.

Except as expressly stated otherwise in this EULA: The cumulative total liability of both you and the Company, for any and all breaches of this EULA, is not to exceed one hundred US Dollars ($100.00 USD) OR the amount paid by you to the Company as fees for the use of the App, whichever is smaller. Both you and the Company expressly agree not to seek damages in excess of any applicable limitation of liability stated in this EULA. Both you and the Company acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, though, is not to be taken as a concession that any particular limitation or exclusion should not apply.

You agree that you will defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of the App.

  • Governing Law, Disputes, and Jurisdiction

Any legal action or proceeding relating to your access to or use of the App through testing is governed by Delaware Law.

In the event of any dispute between you and the Company, its personnel, or its affiliates, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion.

In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of Delaware shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in such courts.

  • Waiver and Severability of Terms

The failure of the Company, its personnel, or any affiliate to exercise or enforce any right or provision of this EULA or any other agreement shall not constitute a waiver of such right or provision.

If any provision of this EULA is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the EULA shall remain in full force and effect.

  • Headings

Section headings are included in the EULA for convenience only. They are not to be considered a part of the EULA and are not intended to be a full and accurate description of the contents hereof.

  • Complete Agreement

This EULA and the other documents incorporated herein by reference are the entire agreement between you and the Company with respect to testing of the App, and supersede all discussions, communications, conversations, and agreements concerning the subject matter hereof. You may also be subject to the Terms of Use and the Privacy Policy for the Company’s website or that of an affiliate.

fuse

TestFlight End User License Agreement


By signing up to participate in testing of Fuse (the “App”) through TestFlight, you are agreeing to comply with and be bound by the following End User License Agreement (“EULA”) and all terms and conditions incorporated by reference. Please review this EULA carefully before signing up to participate in testing. If you do not agree to this EULA, you should not participate in testing of the App.

  • Licensor Information

The App is an iOS App developed and owned by Squads Labs Inc., a Delaware corporation (the “Company”), which can be reached at info@sqds.io.

  • Apple’s TestFlight Terms of Use

Apple provides TestFlight Terms of Service (“Apple’s TOS”) which you agree to when you download their TestFlight app. Apple’s TestFlight Terms of Service are incorporated herein by reference. If any terms of Apple’s TestFlight Terms of Service conflict with the Terms of this EULA, the terms of this EULA should be read as a modification of Apple’s TOS.

  • User Eligibility

By signing up to participate in testing of the App, you agree to follow and be bound by this EULA and agree to comply with all applicable laws and regulations, including United States and Delaware laws. If you breach this EULA, your license to use the App will immediately end and you must immediately cease all use of the App.

Testing is limited to parties that can lawfully enter into and form contracts under applicable law. Minors are not eligible to participate in testing and we ask that they do not submit any personal information to us. You agree that by signing up for testing you are at least 18 years of age and you are legally able to enter into a contract.

By downloading any version of the App through TestFlight, you represent that you have all requisite right, power, and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You acknowledge that you are entering into this Agreement voluntarily and without any duress or undue influence. You acknowledge that you have sought the advice of an attorney of your choice, if so desired, prior to entering into this Agreement.

  • Scope of EULA

This EULA only applies to testing of the App through TestFlight, and not any website or any other application. Any version of the App released through the Apple App Store, or any other public release platform will be governed by any licensing terms provided, which will supersede this EULA.

  • Modifications to EULA

The Company may, without notice to you, at any time amend this EULA. The latest EULA will be posted on our website at fusewallet.com, and you should review the EULA prior to testing the App. Your continued participation in testing of the App after any changes to this EULA are posted will be considered acceptance of those changes.

  • App Privacy Policy

The Squads Privacy Policy (the “Privacy Policy”) governs the use of information collected from or provided by you through the App. The Privacy Policy is incorporated within this EULA by reference. A full copy of the App Privacy Policy is available here fusewallet.com/legal/privacy-policy.

  • Ownership of Content

The App is owned by the Company. The past, present, and future versions of the App; all pages found within the Company’s website (the “Website”), the material and information in the App and on the Website, all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained in the App or on the Website; trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled, or licensed by or to the Company, and are protected by intellectual property laws (the “IP Laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other proprietary rights and unfair competition laws. In using the App, you acknowledge and agree to abide by all applicable IP Laws, as well as any specific notice contained on the Website. All rights not expressly granted are reserved.

Screenshots and any other content obtained from the app while you are participating in testing may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, leased, loaned, resold, or otherwise distributed in any way, without the Company’s express prior written authorization. This provision specifically bars sharing of screenshots or content either publicly (e.g., on your blog or social media accounts) or privately (e.g., in a text message to a friend). To request authorization, please fill out our contact form. Unauthorized use of testing materials will result in your immediate termination from testing and violate applicable Intellectual Property laws or other laws.

  • Compliance with Law

You agree to participate in testing in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company, its personnel, its affiliates, or the App and shall take no actions which would cause the Company or its affiliates to be in violation of any laws, rulings, or regulations.

  • Disclaimers

    • No information contained in the App is a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service in the App or on any outside platform. No statement herein made constitutes an offer to sell or a solicitation of an offer to buy a note or other security. The Company and its affiliates are not liable nor responsible for any information provided by third parties. The information contained in the App has been prepared without reference to anyone’s investment requirements or financial situation.

    • You accept all risk of using the App and their content. As far as the law allows, the Company provides the App and its content “as is,” without any warranty whatsoever. The Company expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights.

    • You confirm that you accept all risk associated with your usage of the App, including all risk associated with your personal financial and cryptocurrency holdings and transfers. You agree and acknowledge that the Company is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the App, or arising from disclosure of your personal wallet “key,” even if such loss may be attributed to an error or “bug” in the App.

    • The Company does not warrant that the App will be compatible with your mobile device or carrier. Your use of the App may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.

    • At any time, your access to your tokens or other cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use which may result in your tokens or other cryptocurrency assets diminishing in value or you being unable to complete a smart contract.

    • You accept all risks associated with the use of the App to conduct cryptocurrency transactions, including, but not limited to, in connection with the failure of hardware, software, internet connections, and failures related to any supported network.

    • The App may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

    • The App may hyperlink to and integrate websites and services run by others. The Company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

    • You agree that you understand the inherent risks associated with cryptographic systems, including hacking risks and future technological development.

    • You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge and understand that with regard to any cryptographic tokens “stored” in a wallet to which you have custody, you alone are responsible for securing your private key(s). The Company does not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet.

    • You agree that with regard to any cryptographic tokens or other assets stored on resources hosted by the Company, the Company is not liable to you for any loss, failure, or unavailability of any kind, of such tokens or assets, for any reason.

    • The information and services provided on the App are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the Company is not authorized to provide such information or services. Some products and services described on the App may not be available in all jurisdictions or to all clients.

    • You acknowledge that you are not relying on the Company or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The Company does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other users. You agree that the Company and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.

    • It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the App and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that the Company is not responsible for determining whether taxes apply to the exchanges made under the App.

  • Blockchain

Using the App may require that you pay a fee to the Company. Using the App may also require that you pay a fee to parties other than the Company, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that the Company has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or App before initiating such transaction. The Company is not responsible or liable for any lost or misdirected funds due to any mistake on your part.

  • Payments

For any payment, you agree to provide current, complete, and accurate purchase and account information for all purchases or subscriptions made via the App. You further agree to promptly update account and payment information as needed. Sales tax will be added to the price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in USDC stablecoins or otherwise as provided by the Company. All purchases are non-refundable.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize the Company to accept payments you tender for such charges or fees. If your purchase is subject to recurring charges, then you consent to the Company charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, to the extent such recurring charges are possible under the method of payment provided, until you notify the Company of your cancellation.

The Company reserves the right to correct any errors or mistakes in pricing, even if the Company has already requested or received payment. The Company reserves the right to refuse any order placed through the App. The Company reserves the right to cancel or refuse to provide any products or services due to a failure by you to tender any amount due, even if such failure is caused by a mistake on your part.

  • Limitation of Liability / Indemnification

As far as the law allows, neither you nor the Company will not be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the App or this EULA. Both you and the Company acknowledge that the limitations of liability in this section are material provisions of this EULA, and that absent those limitations of liability, one or both of the parties would have declined to enter into the EULA on the economic and other terms stated in it.

To the extent not expressly prohibited by law, both you and the Company knowingly, voluntarily, intentionally, permanently, and irrevocably:

  • AGREE that the rights and obligations of both you and the Company that arise out of or relate to the App, or any transaction or relationship resulting from the App or this EULA, are to be defined solely under the law of contract in accordance with the express provisions of this EULA; and

  • WAIVE any such obligations allegedly owed by you or the Company that are not expressly stated in this EULA, whether those obligations are alleged to arise in (for example) quasi-contract; quantum meruit; unjust enrichment; promissory estoppel; tort; strict liability; by law (including for example any constitution, statute, or regulation); or otherwise.

You and the Company specifically agree that each limitation of liability in this section is to apply:

  • to both you and the Company, and to the affiliates, agents, and associated individuals of both you and the Company;

  • to all claims for damages or other monetary relief, whether alleged to arise in contract, tort (including for example negligence, gross negligence, or willful misconduct), or otherwise;

  • regardless whether the damages are alleged to arise in contract, negligence, gross negligence, other tort, willful misconduct, or otherwise;

  • even if the allegedly-liable party was advised, knew, or had reason to know of the possibility of excluded damages and/or of damages in excess of the relevant damages cap, if any; and

  • even if one or more limited remedies fail of their respective essential purposes.

Except as expressly stated otherwise in this EULA: The cumulative total liability of both you and the Company, for any and all breaches of this EULA, is not to exceed one hundred US Dollars ($100.00 USD) OR the amount paid by you to the Company as fees for the use of the App, whichever is smaller. Both you and the Company expressly agree not to seek damages in excess of any applicable limitation of liability stated in this EULA. Both you and the Company acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, though, is not to be taken as a concession that any particular limitation or exclusion should not apply.

You agree that you will defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of the App.

  • Governing Law, Disputes, and Jurisdiction

Any legal action or proceeding relating to your access to or use of the App through testing is governed by Delaware Law.

In the event of any dispute between you and the Company, its personnel, or its affiliates, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion.

In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of Delaware shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in such courts.

  • Waiver and Severability of Terms

The failure of the Company, its personnel, or any affiliate to exercise or enforce any right or provision of this EULA or any other agreement shall not constitute a waiver of such right or provision.

If any provision of this EULA is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the EULA shall remain in full force and effect.

  • Headings

Section headings are included in the EULA for convenience only. They are not to be considered a part of the EULA and are not intended to be a full and accurate description of the contents hereof.

  • Complete Agreement

This EULA and the other documents incorporated herein by reference are the entire agreement between you and the Company with respect to testing of the App, and supersede all discussions, communications, conversations, and agreements concerning the subject matter hereof. You may also be subject to the Terms of Use and the Privacy Policy for the Company’s website or that of an affiliate.