Apperitif is licensed to You (End-User) by
Bubblewrap Technologies LTD, located and registered at 86-90 Paul Street, London, England EC2A 4NE, United Kingdom ('Licensor'), for use only under the terms of this Licence Agreement.
By downloading the Licensed Application from
Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this Licence Agreement), You
indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in
this Licence Agreement as 'Services'.
The parties of this Licence Agreement
acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty,
liability, maintenance and support thereof. Bubblewrap Technologies LTD, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in
conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). Bubblewrap Technologies LTD acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not
conflicting with them.
Apperitif when purchased or downloaded through the Services, is licensed to You for use only
under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. Apperitif is to be used on devices that operate with Apple's operating systems
('iOS' and 'Mac OS') or Google's operating system ('Android').
TABLE OF CONTENTS
Apperitif ('Licensed
Application') is a piece of software created to allow users to discover, share and make cocktail recipes and find new cocktail ingredients — and customised for iOS and Android
mobile devices ('Devices'). It is used to help user discover cocktail recipes, cocktail ingredients as well as generate recipe suggestions based on the
ingredients the user has in their bar.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed
Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the
Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and
used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that
replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will
govern.
2.3 You may not share or make the Licensed Application
available to third parties (unless to the degree allowed by the Usage Rules, and with Bubblewrap Technologies LTD's prior written consent), sell, rent, lend, lease or otherwise
redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine,
create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Bubblewrap Technologies LTD's
prior written consent).
2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter
the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the
Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no
unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices
before doing so.
2.6 Licensor reserves the right to modify the terms and conditions of
licensing.
2.7 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed
Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL
REQUIREMENTS
4. MAINTENANCE AND
SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this
Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 Bubblewrap Technologies LTD
and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services
with respect to the Licensed Application.
5. USE OF
DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content
and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy, which can
be accessed by Visiting the Profile Page and clicking the link to the Privacy Policy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application
software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application.
Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED
CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in 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 viewable by 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 Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise 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 Licence Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or
likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence
Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, 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 and to promote violence against a specific
person or class 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 any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of
minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or
regulation.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or
suspension of your rights to use the Licensed Application.
7. CONTRIBUTION
LICENCE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your
choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
8.
LIABILITY
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties
according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by
applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the
Licensed Application.
9.
WARRANTY
9.1 Licensor warrants that the
Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in
the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been
unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by
Yourself or by third parties, or if there are any other reasons outside of Bubblewrap Technologies LTD's sphere of influence that affect the executability of the Licensed
Application.
9.3 If we confirm that the Licensed Application is defective, Bubblewrap Technologies LTD reserves a choice
to remedy the situation either by means of solving the defect or substitute delivery.
9.4 In the event of any failure of the Licensed Application to
conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by
applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities,
expenses, and costs attributable to any negligence to adhere to any warranty.
9.5 If the user is an entrepreneur, any claim based on faults expires
after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply
for users who are consumers.
Bubblewrap Technologies LTD and the End-User acknowledge that Bubblewrap Technologies LTD, 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, including in connection with Your
Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL
COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or
that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT
INFORMATION
For general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
Bubblewrap Technologies LTD
86-90 Paul Street
London, England EC2A 4NE
United
Kingdom
contact@bubblewrap.ai
13.
TERMINATION
The licence is valid until terminated by Bubblewrap
Technologies LTD or by You. Your rights under this licence will terminate automatically and without notice from Bubblewrap Technologies LTD if You fail to adhere to any term(s) of this
licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Bubblewrap Technologies LTD represents and warrants that Bubblewrap Technologies LTD will comply
with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the 'Instructions for Minimum
Terms of Developer's End-User Licence Agreement', both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your
acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence
Agreement against You as a third-party beneficiary thereof.
Bubblewrap Technologies LTD 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 on the third party's intellectual
property rights, Bubblewrap Technologies LTD, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property
infringement claims.
This Licence Agreement is governed by the laws of the United Kingdom
excluding its conflicts of law rules.
17.1 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 will achieve the primary purpose.
17.2 Collateral
agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.