App refers to any of the following:
- From Vids that allows the user to extract audio from video file in camera roll.
- Beat Calculator that makes musicians able to know the tempo beat of any soundtrack.
- Voice Changer that allows the user to record voice in the App and add effects to make it funny or make addition of background sounds to such recorded voice.
- GeTune is audio recognizing app which helps the users identify any song or music they hear live and provides search results from YouTube in the app.
- Text to Audio is an app that converts the text inputted by the users to audio form instantly.
- Qualification to use app:
2.1 If the user does not agree to the ToU, you are not granted the license to use App, and the user must not download the App.
2.2 Developer allows you to download, install and use the App if you are competent to make a valid legal contract, and have legal qualification as to the solvency and majority. It is hereby warned that the minors are not allowed to use the App.
2.3 You are not allowed to download and use the App in a manner that may infringe the rights of others and for any illegal purposes.
- Grant of license, restrictions and warranties:
3.1 Subject to the compliance with the ToU, Developer grants the user a limited, non-sub-licensable, non-exclusive, non-assignable, non-transferable and revocable license to download, install, and run App in executable form on a single mobile phone device on an AS-IS basis, solely for the user’s personal and non-commercial use.
3.2 Any commercial use of App is strictly forbidden, under the ToU. The user is entitled to have a single copy of App for backup purposes.
3.3 Developer reserves all rights in App not expressly granted to the user in the ToU. App aims to facilitate and entertain only, and does not aim to infringe any law or rights relating to any audio or video.
3.4 Unless expressly provided in the ToU, the user is not authorized to;
(a) sub-license, assign, sell, rent, export, import, lease, transfer or distribute or otherwise grant any right to any third party in the App;
(b) undertake, permit, cause or authorize the creation, modification of derivative works or translation, improvements, reverse engineering, disassembling, decompiling, decryption, hacking, emulation, discovery or attempted discovery of protocols or source code of App or any App feature;
(c) obscure or remove or alter any copyright or any proprietary notices included in App;
(d) make the functionality of App available to multiple ends by employing any media including without limitation by uploading App to a file-sharing, any hosting or through any network, application service provider, software-as-a-service (SaaS), service bureau or any other type of services.
3.5 APP IS PROVIDED ON “AS IS” BASIS, WITHOUT ANY KIND OF WARRANTY. DEVELOPER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSLY OR IMPLIEDLY PROVIDED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS THAT IT IS MERCHANTABLE, FIT FOR A SPECIFIC PURPOSE, AND DOES NOT VOILATE ANY KIND OF WARRANTY AND CONDITION ARISING OUT OF USAGE OF TRADE OR DEALING IN ORDINARY COURSE OF NATURE. NO INFORMATION OBTAINED FROM DEVELOPER OR ELSEWHERE IN THE APPLE STORE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY PROVIDED IN THE ToU.
- Modification, amendment, update, and alteration:
4.1 Developer reserves the right to modify, amend, update and alter any or all the provisions of the ToU at any time without notice. Such modified, amended, updated and altered version of the ToU shall be binding on the user.
- Proprietary rights:
5.1 The copy of App provided to the user by Developer is licensed and not sold him. The user may own the media on which App is installed, but Developer retains the intellectual rights and copyrights in App that are protected by the relevant laws for the time being in force in UAE and International Treaties. The user shall not delete, erase or in any manner modify the copyright, trademark, and other proprietary right notices or markings appearing on App.
7.1 The license granted herein the ToU shall perpetually remain in effect unless earlier terminated by Developer or as herein provided in the ToS. The user may terminate the license at any time by uninstalling App in the possession or control of the user. The license granted herein shall terminate automatically, without notice by Developer, if the user breaches any provision of the ToU. Upon termination, the user must immediately delete all copies of App in his/her possession or control.
You agree that the Developer reserves the right to claim damages in case of the breach of any provision of the ToU.
- Updates and Support
8.1 The user acknowledges that Developer may update App at any time, and in doing so shall incur no liability to furnish any additional update to the user pursuant to the ToU. Any update to App provided to the user by Developer shall be governed by the ToU. Developer is not liable to provide the user any maintenance or support services for App or any other services.
- Scope of Liability:
9.1 DEVELOPER’S AGGREGATE LIABILITY TO THE USER FROM ALL CAUSES OF ACTION AND UNDER ANY LEGAL THEORIES OF LAW INCLUDING WITHOUT LIMITATION LAW OF CONTRACT TORT AND EQUITY WILL BE LIMITED TO THE PAYMENT MADE TO DEVELOPER BY THE USER FOR APP OR, IN THE EVENT THAT DEVELOPER HAS MADE APP AVAILABLE TO THE USER FREE OF COST, DEVELOPER’S TOTAL LIABILITY SHALL BE LIMITED TO ZERO.
9.2 IN NO EVENT SHALL DEVELOPER BE LIABLE TO THE USER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF DATA, INFORMATION, BUSINESS, REDUCITON OR LOSS OF PROFITS OR ABILITY TO EXECUTE OR FOR THE COST AND EXPENSES OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE TOU OR THE EXECUTION OR PERFORMANCE OF APP, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DEVELOPER HAS BEEN ADVISED OF THE POTENTIAL LOSS OR DAMAGE. THE LIMITATIONS HEREIN THE TOU SHALL SURVIVE EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS PRIMARY PURPOSE.
- Material owned by third parties and copyrights:
10.1 You acknowledge that Developer does not have control over the material that may be downloaded by the use of App. Developer does not endorse the contents of any material accessed, downloaded or created by the use of App, and does not warrant or guarantee that such material is free from errors or viruses. Developer shall not be liable for the accuracy, correctness, completeness, legitimacy, legality or any other aspect of material accessed by the use of App, nor to the right to make such material available or accessible. The use of any material is at the user’s own sole responsibility. Developer explicitly disclaims any responsibility to the use or misuse of the material.
10.2 An Unauthorized copying, modification, distribution, public performance and public display of copyrighted work are a copyright violation, and Developer reserves the right to undertake appropriate measures against copyright violators.
10.4 The user explicitly acknowledges that accessing, downloading and creating certain material may require prior authorization of the owner or create liabilities or may be subject to restrictions or copyrights. The user acknowledges that it is sole responsibility of the user to acquire such approval or respect the copyrights.
10.5 The license to use App granted hereunder is conditioned upon the user’s agreement not to use App to infringe the rights owned by other party.
10.6 In case the user violates the copyrights of any other party, the license hereunder granted shall be cancelled immediately. In foregoing case, Developer reserves the right to sue such user for an unauthorized use of App.
10.7 The user agrees to defend, indemnify and hold Developer, its directors, staff, assigns, subcontractors, affiliates, agents and apple harmless from any or all claims, damages, losses, suits, expenses and costs including but not limited to the litigation costs arising from the breach of the TOU or violation of any third party rights or any other cause of action.
10.8 The user acknowledges that the feature of App to download, create, convert, or otherwise use the materials does not imply that the user has a right to use of the materials. The user represents and warrants that he/she shall obtain all permission necessary for the download, extract, use or create the materials if such material is subject to such requirement; or refrain from using the material in violation of the copyrights, if the material is copyrighted.
11.1 The user represents and warrants that he/she shall not use App in a way that materially violates any agreement the user has with a third party. The license and permissions granted hereunder to the user shall stand terminated, without notice by Developer, if app is used materially in violation such an agreement.
12.1 The ToU shall be governed by and interpreted in accordance with the laws for the time being in force in UAE. Any dispute arising from the ToU shall be preferred to be resolved exclusively by an independent arbitration of which venue shall be the UAE. The UN Convention on Contracts for the International Sale of Goods shall not apply.
12.2 The user shall not assign or transfer any rights granted hereunder without Developer’s prior written approval, and any attempt by the user to assign such rights, without aforementioned approval, shall be void.
12.3 Unless expressly stated in the ToU, the exercise by either party of any of its remedies under the ToU shall be without prejudice to the other remedies hereunder or otherwise.
12.4 All notices or approvals under the ToU shall be in writing and delivered by valid means of communication or by certified mail, and the delivery in each instance shall be assumed upon receipt. All notices or approvals shall be sent to the official address set forth hereunder.
12.5 The failure by Developer to enforce any provision of the ToU shall not constitute a waiver of such provision or any other provision in past, present or future.
12.6 Any waiver, alteration, amendment or modification of any provision of the ToU shall be effective only it is made by an authorized officer of Developer or Developer himself.
12.7 If any provision of the ToU is found to be unenforceable, invalid or void, such provision shall be severed from the ToU and the other provisions shall remain in full force and effect.
12.8 The ToU is a complete and exclusive agreement between Developer and the user regarding its subject matter superseding all prior agreements, proposals, communications or understandings, if any, written or oral, between the parties relating to its subject matter, unless the user and Developer have executed a separate agreement in writing.
12.9 The user warrants that he/she shall use App in compliance of the laws for the time being in force in the state, province and country the user is currently residing.
- Compatibility:App requires iOS 6.0 or later, and is compatible with iPhone, iPad, and iPod touch. App is optimized for iPhone 5.
- Contact Information.
14.1 All the communications hereunder required shall be made to the following address:
Contact of Developer: firstname.lastname@example.org
- IF YOU AGREE TO THE AFOREMENTIONED ToU AND DESIRES TO COMPLETE INSTALLATION OF APP, THEN YOU SHOULD CLICK THE “NEXT” BUTTON IN THE APPLICATION. YOU SHOULLD CLICK THE “CANCEL” BUTTON AND STOP THE INSTALLATION PROCESS IMMEDIATELY IF YOU DON’T ACCEPT THE TOU.