TERMS OF SERVICE - ASKAWAY APP
The AskAway Messenger App ("AskAway", the "App" or "us") is licensed to users, include you, for use only under the terms of service ("TOS") listed here.
By installing AskAway from either the Apple AppStore or Google Play Store, and any update thereto (as permitted by this TOS), You indicate that you agree to be bound by all of the terms and conditions of these TOS, and that you accept these TOS.
Both parties to the TOS acknowledge that neither Apple nor Google are Parties to this TOS and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Askaway, not Apple, is solely responsible for the licensed Application and the content thereof.
These TOS may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Textback LLC acknowledges that it had the opportunity to review said terms and this TOS is not conflicting with them.
We reserve all rights not expressly granted to you.
AskAway is a community platform that empowers users to connect with prominent people across the globe for on demand expertise, advice, or just interesting conversation. It offers chat and social networking features such as user profiles.
SCOPE OF LICENSE
You are granted a non-exclusive license to install AskAway on your phone and use all of the features available within the app. You are not allowed to resell the app.
You must have a smart phone that is capable of installing and running the app.
MAINTENANCE AND SUPPORT
We are not obligated, expressed or implied, to provide any maintenance, technical or other support for the App.
We do provide customer service and technical assistance regarding "stars", our in app currency, and all related monetary transactions within the App.
Both parties acknowledge that neither Apple nor Google have an obligation whatsoever to furnish any maintenance and support services with respect to the App.
If you have questions or need customer service regarding star transactions or our monthly "Gold" membership subscriptions, please contact us at: firstname.lastname@example.org
We expressly waive any and all liability relating to your use of the AskAway app. The app is used at your own risk. We are not responsible for any adverse activity that may occur on the app, including lost messenges due to network connectivity issues.
We warrant that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download.
We do not provide a warranty for the App in general, but specifically for an install 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 our sphere of influence that affect the executability of AskAway.
You are required to inspect the App immediately after installing it and notify us about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been submitted within a period of 60 days after discovery.
If we confirm that the App is defective, we reserve a choice to remedy the situation either by means of solving the defect or substitute delivery.
In the event of any failure of the App to conform to any applicable warranty, you may notify the respective App Store, and Your App purchase price may be refunded to You. To the maximum extent permitted by applicable law, the App Store 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.
Both parties acknowledge that AskAway, and not Apple, is responsible for addressing any of your claims relating to the licensed Application or your possession and/or use of the App, 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.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
The license is valid until terminated by us or by You. Your rights under this license will terminate automatically and without notice 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.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
We represent and warrant that we will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section "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.
INTELLECTUAL PROPERTY RIGHTS
Both parties acknowledge that, in the event of any third-party claim that the App or the your possession and use of the App infringes on the third party's intellectual property rights, solely AskAway, and neither Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
This license agreement is governed by the laws of New York excluding its conflicts of law rules.
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.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.