NoiseGate iOS App End User License Agreement

This End User License Agreement is between you and NoiseGate iOS App and governs use of this app made available through the Apple App Store. By installing the NoiseGate iOS App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this agreement, you are not entitled to use the NoiseGate iOS App. In order to ensure NoiseGate iOS App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content.

Parties

This Agreement is between you and NoiseGate iOS App only, and not Apple, Inc.; Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. NoiseGate iOS App, not Apple, is solely responsible for the NoiseGate iOS App and its content.

Privacy

NoiseGate iOS App may collect and use information about your usage of the NoiseGate iOS App, including certain types of information from and about your device. NoiseGate iOS App may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the NoiseGate iOS App. Additional information about privacy policies and practices can be found in the NoiseGate Privacy Policy.

Limited License

NoiseGate iOS App grants you a limited, non-exclusive, non-transferable, revocable license to use the NoiseGate iOS App for your personal, non-commercial purposes. You may only use the NoiseGate iOS App on Apple devices that you own or control and as permitted by the App Store Terms of Service. The app allows you to record and analyse audio data to measure the noise level in your environment. During this process the noise measurement results will be uploaded to NoiseGate iOS App servers and be shared with others. Additionally the aggregated data might be shared with other 3rd parties for research purposes or by licensing the use of the data.

Age Restrictions

By using the NoiseGate iOS App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the NoiseGate iOS App does not violate any applicable law or regulation. Your access to the NoiseGate iOS App may be terminated without warning if NoiseGate iOS App believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the NoiseGate iOS App, you agree to be bound by this Agreement in respect to your child's use of the NoiseGate iOS App.

Objectionable Content Policy

Content may not be submitted to NoiseGate iOS App, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

Warranty

NoiseGate iOS App disclaims all warranties about the NoiseGate iOS App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, NoiseGate iOS App, not Apple, shall be solely responsible for such warranty.

Maintenance and Support

NoiseGate iOS App does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, NoiseGate iOS App, not Apple, shall be obligated to furnish any such maintenance or support.

Product Claims

NoiseGate iOS App, not Apple, is responsible for addressing any claims by you relating to the NoiseGate iOS App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the NoiseGate iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

Third Party Intellectual Property Claims

NoiseGate iOS App shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the NoiseGate iOS App. To the extent NoiseGate iOS App is required to provide indemnification by applicable law, NoiseGate iOS App, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the NoiseGate iOS App or your use of it infringes any third party intellectual property right.