Phissy is licensed to You (End-User) by Phissy Inc. (hereinafter: Licensor, we, our), for use only under the terms of this License Agreement.

 

By downloading the Application from the Apple App Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

 

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Phissy, not Apple, is solely responsible for the licensed Application and the content thereof.

 

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Phissy acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

 

All rights not expressly granted to You are reserved.

 

 

 

1. THE APPLICATION

 

Phissy (hereinafter: Application) is a piece of software created to facilitate the dining experience for both customers and restaurants and is customized for Apple mobile devices. It is used to keep track of dishes ordered and restaurants visited.

 

 

2. SCOPE OF LICENSE

 

2.1  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Phissy's prior written consent).

 

2.2  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the 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 license, the App Store Terms of Service, 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 unauthorized third parties may gain access to these copies at any time.

 

2.3  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

 

2.4  Licensor reserves the right to modify the terms and conditions of licensing.

   

 

3. NO MAINTENANCE OR SUPPORT

 

3.1  Phissy is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.

 

3.2  Phissy and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

 

 

4. 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.

 

 

5. LIABILITY

 

5.1  Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

 

5.2  You understand data may be lost at any time. This may be avoided to an extent by backing up your Phissylist, but You acknowledge that Phissy is not liable for any data lost.

 

5.3  The End-User agrees not to hack any part of the Phissy database. The End-User will read or write data outside the scope of what the Application allows.

 

5.4  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the 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 Application, You will not have access to licensed Application.

 

 

6. WARRANTY

 

6.1  Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

 

6.2  No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly 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 Phissy's sphere of influence that affect the executability of the Application.

 

6.3  You are required to inspect the Application immediately after installing it and notify Phissy about issues discovered without delay. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.

 

6.4  If we confirm that the Application is defective, Phissy reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

 

6.5  In the event of any failure of the Application to conform to any applicable warranty, You may notify the App Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

           

6.6  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 Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

 

           

7. PRODUCT CLAIMS

 

Phissy and the End-User acknowledge that Phissy, and not Apple, 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.

 

   

8. LEGAL COMPLIANCE

    

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, and that You are not listed on any U.S. Government list of prohibited or restricted parties.

 

   

9. CONTACT INFORMATION                  

     

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact Phissy at support@phissy.com.

 

 

10. TERMINATION

    

The license is valid until terminated by Phissy or by You. Your rights under this license will terminate automatically and without notice from Phissy if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

 

 

11. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

 

Phissy represents and warrants that Phissy 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 License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

 

 

12. INTELLECTUAL PROPERTY RIGHTS

 

Phissy 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, Phissy, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

 

 

13. REVIEWS AND FEEDBACK

 

Phissy invites You to publish honest reviews of our app and to post suggestions for improvement on our online forum—this helps us keep improving our product. However, posting or re-posting comments or questions on any site or platform about Phissy, its users, its creators, or its partners is not permitted if the nature of the comments or questions be libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, appearance, or illness. Phissy classifies this as Hate Speech and takes it very seriously. Therefore, Phissy and the End-User acknowledge that Phissy reserves the right to order that any such questions or comments be taken down from wherever they have been posted and that this process must take place within 7 days after Phissy requests its removal. You understand all this information fully and will comply with the above.

 

 

14. APPLICABLE LAW

 

This license agreement is governed by the laws of the State of Illinois excluding its conflicts of law rules.

 

 

15. MISCELLANEOUS

          

15.1  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.

             

15.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.