Terms & Conditions


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1.   ACCEPTING THIS AGREEMENT & DEFINITIONS

1.1   Acceptance. In order to use the Software and related services, You must first agree to this License Agreement. If You do not or cannot agree to this License Agreement, You are not permitted to use the Software and related services provided by iGenApps LLC. Do not download or use the Software or any related services in that case. You accept and agree to the terms of this License Agreement on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative, by downloading and installing the Software.

1.2   Definitions. Whenever capitalized in this Agreement:

"Agreement" means this Terms and Conditions License Agreement, including any attachments, and any exhibits thereto, which are hereby incorporated by this reference.

"App Store" or "App Market" means any electronic store for selling mobile device Applications.

"Apple" means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A

"Google" means Google Inc., a California corporation with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043, U.S.A.

"Android" means Google's operating system for mobile and portable devices.

"iGenApps" means iGenApps LLC, a Puerto Rico limited liability company with its principal place of business at B3 Cll Alborada, Guaynabo, PR, 00969. iGenApps LLC is the owner of iGenApps™ all its products and services.

“Software” means the mobile Application available for download and the connected cloud services for hosting apps, content and data.

"Application" means a web-based software program developed with iGenApps LLC , under Your own trademark, copyright or brand, and for specific use on html5 enabled devices or browsers.

"Parties" refers to both You and iGenApps LLC.

"Authorized Developers" means You, Your employees and contractors, members of Your organization or, if You are an educational institution, Your faculty and staff who use the Software from any preinstalled device, or installs it, in order to design, develop or test Applications.

"Term" means the period for which You or any user will be served.

"Updates" means bug fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions of the Software, or to any part of the Software.

“User Content” means all data, works and materials: uploaded to or stored on the Software and related services by You, transmitted by the Software and related services by Your request; supplied by You to iGenApps LLC for uploading to, transmission by or storage on the Software and related services; gener ated by the Software and related services as a result of the use of the Services; or personal data that is processed by iGenApps LLC on Your behalf in relation to this Agreement;

"Windows" or "Windows Phone" means any of Microsoft operating systems.

"You" and "Your" means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) using the Software or otherwise exercising rights under this Agreement. For the sake of clarity, You may authorize contractors to develop Applications on Your behalf, but any such Applications must comply with this Agreement.


2.   USER LICENSE AGREEMENT AND RESTRICTIONS

PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE (AS DEFINED BELOW) THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND IGENAPPS LLC.

2.1   Permitted Uses and Restrictions. Subject to the terms and conditions of this Agreement, iGenApps LLC hereby grants You during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to install a reasonable number of copies of our Software on iOS or Android devices owned or controlled by You, to be used internally by You or Your Authorized Developers for the sole purpose of developing or testing Applications, unless otherwise specified by iGenApps LLC.

2.2   Licence. iGenApps LLC is willing to grant You a limited license to use the Software to develop Applications web-enabled in accordance with the terms and conditions set forth in this Agreement.

2.3   Distribution. Applications developed under this Agreement can be distributed only through HTML5 enabled browsers such as Safari and Chrome. If You would like to distribute Applications using other methods, such as App Store or Google Play (as defined below) or sell Applications created with the Software, You will need to compile the created Application into a native format and submit by yourself to any App Store that You desire.

2.4   Ownership. iGenApps LLC retains all rights, title, and interest in the Software and any Updates it may make available to You under this Agreement. You agree to cooperate to maintain iGenApps LLC's ownership of the Software, and, to the extent that You become aware of any claims relating to the Software, You agree to use reasonable efforts to promptly provide notice of any such claims to iGenApps. The Parties acknowledge that this Agreement does not give iGenApps LLC any ownership interest in Your Applications.

The iGenApps LLC website and apps are owned and operated by iGenApps LLC. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Software and related services provided by iGenApps LLC ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Content and Your Applications, all Content contained on the Platform is property of iGenApps LLC or its subsidiaries or affiliated companies and/or third-party licensors.

All trademarks, service marks, and trade names are proprietary to iGenApps LLC or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or Sponsorship of any person, product or service. Except as expressly authorized by iGenApps LLC, You agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content. In the event that Content is downloaded to your computer or mobile phone, You do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.

2.5   No Other Permitted Uses. Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Software or any services, in whole or in part, or to enable others to do so. You may not use the Software, or any services provided hereunder for any purpose not expressly permitted by this Agreement. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Software or any services provided by the Software, or otherwise provided hereunder, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with the Software).

You agree not to exploit any services provided hereunder in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. Any attempt to do so is a violation of the rights of iGenApps LLC and for third parties. If You breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by iGenApps LLC, by implication, estoppel, or otherwise. This Agreement does not grant You any rights to use any trademarks, logos or service marks belonging to iGenApps LLC, including but not limited to iGenApps™. If You make reference to any iGenApps LLC products or technology or use any trademarks owned by iGenApps LLC, You will need previous written authorization from iGenApps LLC to do so.

2.6   Service; Updates; No Support or Maintenance. The Service shall be available 99.9% of the time, measured monthly, excluding holidays and weekends and scheduled maintenance. Any downtime resulting from outages of third-party connections or utilities or other reasons beyond iGenApps LLC’s control will be excluded from any such calculation. iGenApps LLC may extend, enhance, or otherwise modify the Software or services provided hereunder at any time without notice, but iGenApps LLC shall not be obligated to provide You with any Updates to the Software. If Updates are made available by iGenApps LLC, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. iGenApps LLC is not obligated to provide any maintenance, technical or other support for the Software or services. You acknowledge that iGenApps LLC has no express or implied obligation to announce or make available any Updates to the Software or to any services to anyone in the future. Should an Update be made available, it may have APIs, features, services or functionality that are different from those found in the Software licensed hereunder or the services provided hereunder.

2.7   Third-Party Terms. You also agree with the terms of use from content providers such as Youtube, Facebook, Instagram, Twitter, Pinterest, Vimeo, or any other third-party site used within Your App.


3.   YOUR OBLIGATIONS

3.1   General. You certify to iGenApps LLC and agree that:

(a) You are an adult in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the right, capacity and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right, capacity and authority to legally bind such entity or organization to the terms and obligations of this Agreement;

(b) All information provided by You to iGenApps LLC or Your end-users in connection with this Agreement or Your Application, including without limitation Licensed Application Information, is and will be current, true, accurate, supportable and complete and, with regard to information You provide to iGenApps LLC, You will promptly notify iGenApps LLC of any changes to such information. Further, You agree that iGenApps LLC may share such information (including email address) with third parties who have a need to know for purposes related to Your Application (e.g., intellectual property questions, customer service inquiries, etc.);

(c) You will comply with the terms of and fulfill Your obligations under this Agreement and You agree to monitor and be responsible for Your Authorized Developers' use of the Software and Services and Authorized Test Devices and their compliance with the terms of this Agreement;

(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and or Your Authorized Developers in connection with the Software and services, the Registered Devices, Your Applications and Your related development and distribution efforts, including, but not limited to, any related development efforts, network and server equipment, Internet service(s), or any other hardware, software or services used by You in connection with Your use of any services;

(e) You are not acting and will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have, and no agreement previously entered into by You interferes or will interfere with Your performance of Your obligations under this Agreement.

3.2   Use of the Software. As a condition to using the Software and any Services, You agree that:

(a) You will only use the Software and any Services for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations;

(b) You will not use the Software or any Services for any unlawful or illegal activity, nor to develop any Application which would commit or facilitate the commission of a crime, or other tortious, unlawful or illegal act;

(c) To the best of Your knowledge and belief, Your Application and Licensed Application Information do not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in Your Application);

(d) You represent, warrant, and agree that You will not contribute any content or User Content or otherwise use or interact the Software and related services in a manner that:

·   Infringes or violates the intellectual property rights or any other rights of any Third-Party or iGenApps LLC;

· Violates any law or regulation;

·   Is abusive, fraudulent, deceptive, threatening, defamatory, obscene, hateful, inaccurate, libelous, pornographic, or otherwise objectionable as determined by iGenApps LLC in its sole discretion;

·   Jeopardizes the security of any iGenApps LLC account (such as allowing someone else to use your login credentials to access the Software and related services), violates the security of any computer network, or cracks any password or security encryption code;

·   Runs Mail-list, Listserv, any form of auto-responder or “spam” on the Software and related services, or that otherwise interferes with the proper working of the Software and related services (including by placing an unreasonable load on the Software and related services’ infrastructure);

·   “Crawls,” “scrapes,” or “spiders” or otherwise collects any page, data, or portion of the Software and related services or content (whether through manual or automated means);

·   Copies or stores any portion of the content;

(e) You will not, through the use of the Software, services or otherwise, create any Application or other program that would disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification, submission or authentication mechanisms implemented in or by the iOS, Android or Windows, this Software, any services provided by iGenApps LLC or other software or technology, or enable others to do so;

(f) You will not, directly or indirectly, commit any act intended to interfere with the Software or Services"


4.  USER CONTENT

4.1   General. The Software and related services provides certain features which enable You and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by You and other users through the Software and related services ("User Content"). iGenApps LLC does not guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that You think carefully about what You upload to, share with or make accessible to the Software and related services. You understand and agree that User Content may be made public without any additional notice to or consent by You and You should assume that any person (whether or not a user of iGenApps LLC’ Software and related services), may read or have access to your User Content. iGenApps LLC is not responsible for the use or disclosure of any information that You disclose in connection with User Content, including any personal information. User Content is displayed for information purposes only and reflect the opinions of the person making the content. They are not controlled by, and may not reflect the opinion of, iGenApps LLC. You understand that all User Content is the sole responsibility of the person from whom such User Content originated. This means that You, and not iGenApps LLC, are entirely responsible for all User Content that You upload, post, email, transmit, or otherwise make available through the Software and related services. iGenApps LLC is not liable for any errors or omissions in such content, misrepresentations by other users, or for any damages or loss You might suffer in connection with such content or interactions.

4.2   The Software and related services It may contain links or connections to Third-Party websites or services that are not owned or controlled by iGenApps LLC. When You access Third-Party websites or use Third-Party services, You accept that there are risks in doing so, and that iGenApps LLC is not responsible for any third-party content or services.

4.3   Interactions. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals. You agree that iGenApps LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

4.4   Right to Remove or Edit User Content. iGenApps LLC makes no representations that it will publish or make available on the Software and related services any User Content, and reserves the right, in its sole discretion, to refuse to allow any User Content on the Software and related services, or to edit or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, iGenApps LLC complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a complaint takedown notice. iGenApps LLC may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that iGenApps LLC determines in its sole discretion to violate the standards of this Software and related services. iGenApps LLC takes no responsibility and assumes no liability for any User Content.

4.5   License Grant by You to iGenApps LLC. Anything You post, upload, share, store, or otherwise provide on or through the Software and related services or app (including, but not limited to pictures, ratings, reviews and other content to be shown on the iGenApps LLC website) is “User Content”. You retain all your ownership rights in original aspects of your User Content. By submitting User Content to iGenApps LLC, You hereby grant iGenApps LLC and its affiliates, sublicensees, designees, and assignees of the Software and related services (collectively, the "iGenApps LLC Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, communicate to the public, make available, create derivative works from, and otherwise exploit (collectively, “ Use”) all or any part of all User Content and derivatives thereof in connection with the Software and related services and iGenApps LLC’s (and its successors’) business, for any purpose, including, without limitation, the purposes of (i) advertising, marketing, and promoting iGenApps LLC and the Services; (ii) displaying and sharing your User Content to other users of the Services; and (iii) providing the Services. You further grant iGenApps LLC a royalty-free license to use your username, image, voice, and likeness to identify You as the source of any of your User Content.

4.6   User Content Representations and Warranties. You are solely responsible for your own User Content and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Content, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use and authorize iGenApps LLC to use all patent, trademark, copyright, or other proprietary rights in and to your User Content to enable inclusion and use of your User Content in the manner contemplated by iGenApps LLC and these Terms, and to grant the rights and license set forth above, and (ii) your User Content, iGenApps LLC or any iGenApps LLC Licensee’s use of such User Content pursuant to these Terms, and iGenApps LLC’ or any of iGenApps LLC Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to You or any Third-Party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

4.7   Inaccurate or Offensive User Content. You understand that when using the Software and related services, You may be exposed to User Content from a variety of sources and that iGenApps LLC does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable.

YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST IGENAPPS LLC WITH RESPECT THERETO.

4.8   Feedback. You may be required to rate the Software and related services. If You provide iGenApps LLC with any ratings, comments, bug reports, feedback, or modifications proposed or suggested by You to the Software and related services ("Feedback"), iGenApps LLC shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Software and related services. You hereby grant iGenApps LLC a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to You or any Third-Party.

4.9   Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Software and related services and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies iGenApps LLC may have at law or in equity.

For the Content displayed or performed or available on or through the Software and related services, You promise to abide by all copyright notices, trademark rules, data regulations, and restrictions contained in any Content You access through the Services, and You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by You, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including iGenApps LLC’) rights.


5.   CHANGES TO SOFTWARE REQUIREMENTS OR TERMS

iGenApps LLC may change the Software Requirements or the terms of this Agreement at any time. New or modified Software Requirements will not retroactively apply to Applications already in distribution, unless specified otherwise.

In order to continue using the Software or any Services provided by iGenApps LLC, You must accept and agree to the new Requirements and/or new terms of this Agreement. If You do not agree to new Requirements or new terms, Your use of the Software and any iGenApps™ services will be suspended or terminated by iGenApps LLC. You agree that Your acceptance of such new Agreement terms or Requirements may be electronically, including without limitation, by Your checking a box or clicking on an "agree" button or similar button. Or by visiting this Website (iGenApps.com).


6.   DISTRIBUTION

Applications developed under this Agreement may only be distributed through a web-kit enabled browser or supported devices. If You would like iGenApps LLC to deliver Your Application via any App Store or Market, then You must appoint iGenApps LLC as Your legal agent. This will require additional costs for the Application conversion and there is no guarantee that Apple, Google or Microsoft or any other third party will approve Your Application for distribution.


7.   INDEMNIFICATION

To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon iGenApps LLC's request, defend, iGenApps LLC, its directors, officers, employees, independent contractors and agents (each an "iGenApps LLC Indemnified Party") from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys' fees and court costs (collectively, "Losses"), incurred by an iGenApps LLC Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement; ii) any claims that Your Application, the distribution or metadata, violate or infringe any third party intellectual property or proprietary rights; or (vi) Your use of the Software or services, Your Application, Licensed Application Information, metadata, Registered Devices, or Your development and distribution of any Application. You acknowledge that neither the Software nor any services are intended for use in the development of Applications in which errors or inaccuracies in the content, functionality, services, data or information provided by the Application or the failure of the Application, could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each iGenApps LLC Indemnified Party from any Losses incurred by such iGenApps LLC Indemnified Party by reason of any such use.

In no event may You enter into any settlement or like agreement with a third party that affects iGenApps LLC's rights or binds iGenApps LLC in any way, without the prior written consent of iGenApps LLC.


8.   TERM AND TERMINATION

8.1   Term. The Term of this Agreement shall begin on the original activation date and Your registration extends for the life of the Application and or Services provided by iGenApps LLC.

8.2   Termination. This Agreement and all rights and licenses granted by iGenApps LLC hereunder and any Services provided hereunder will terminate, effective immediately upon notice from iGenApps LLC:

(a) if You or any of Your Authorized Developers fail to comply with any term of this Agreement and fail to cure such breach within 30 days after becoming aware of or receiving notice of such breach;

(b) in the event of the circumstances described in the subsection entitled "Severability" below;

(c) if You, at any time during the Term, commence an action for patent infringement against iGenApps LLC;

(d) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement, including, but not limited to, misrepresenting the nature of Your Application. Either party may terminate this Agreement of its convenience, for any reason or no reason, effective 30 days after providing the other party with written notice of its intent to terminate. iGenApps LLC may also terminate this Agreement or suspend Your rights to use the Software and/or Services.

8.3   Effect of Termination. Upon the termination of this Agreement for any reason, You agree to immediately cease all use of the Software and related services and erase and destroy all copies, full or partial, of any information pertaining to the services. At iGenApps LLC's request, You agree to provide written certification of such destruction to iGenApps LLC. After notice of termination of this Agreement, all Applications and Information in iGenApps LLC' possession or control can be deleted or destroyed within a reasonable time, thereafter, excluding any archival copies required to be maintained by applicable law, rule or regulation.

For the avoidance of doubt, upon any termination of this Agreement, You may not make available any content, functionality, or services through the use of the Software or Services. iGenApps LLC will not be liable for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy iGenApps LLC may have, now or in the future.


9.   NO WARRANTY

The Software may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete. iGenApps LLC, Google or Apple reserves the right to change, suspend, remove, or disable access to the Software or any Services at any time without notice. In no event will iGenApps LLC, Google nor Apple be liable for the removal of or disabling of access to any such Services or Functionality. iGenApps LLC, Google or Apple may also impose limits on the use of or access to certain Services or Functionality, in any case and without notice or liability.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IGENAPPS LLC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

IGENAPPS LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES, THAT THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL BE CORRECTED, OR THAT THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL BE COMPATIBLE WITH FUTURE APPLE AND ANDROID PRODUCTS, SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL NOT BE LOST, CORRUPTED OR DAMAGED.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IGENAPPS LLC OR AN IGENAPPS LLC AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Neither Apple, Google nor iGenApps LLC guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by any service. If requested, iGenApps cannot guarantee the approval of any app submission done through our services. Apple and Google will decide if your app is allowed on their app stores and iGenApps is just a facilitator in that process. The user will have full responsibility and control on what the app will contain which will be what Apple and/or Google will be reviewing.

10.   LIMITATION OF LIABILITY


To the extent not prohibited by applicable law, in no event will iGenApps LLC be liable for personal injury, or nay incidental, special, indirect, consequential or punitive damages whatsoever, including, without limitation, damages for loss or profits, loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to this agreement, you use or inability to use the software, however caused, whether under a theory of contract, warranty, tort (including negligence), product liability, or otherwise, even if iGenApps LLC has been advised of the prossibility of such damages, and notwithstanding the failure of essential purpose of any remedy.

In no event shall iGenApps LLC's total liability to You under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).


11.   GENERAL LEGAL TERMS

11.1   Cancellation, No-Refund Policy, and US Currency. You can cancel your Subscription at any time. Please note that You must cancel your Subscription before it renews for a subsequent period (month, quarter, half year or year, depending on your subscription frequency) in order to avoid being charged for the next billable Subscription Fee. If You cancel your Subscription, the cancellation will become effective at the end of the active period of Your Subscription period.

REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-PERIOD. In such a circumstance, You will continue to have access to your Subscription until the end of the period billing cycle. We reserve the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion, in case of error admitted by iGenApps LLC. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.

All payments shall be made in U.S. currency, unless another currency is specified.

11.2   Third Party Notices. Portions of the Software or Services may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Software and Services, and Your use of such material is governed by their respective terms.

11.3   Consent to Collection and Use of Non-Personal Data. You agree that iGenApps LLC may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about Your Applications, device or operating system that is gathered periodically related to the Software and iGenApps™ services, and to verify compliance with the terms of this Agreement. iGenApps LLC may use this information, as long as it is in a form that does not personally identify You, to improve the Software, related services or technologies to You and our customers.

11.4 Assignment. This Agreement may not be assigned, nor may any of Your obligations under this Agreement be delegated, in whole or in part, by You by operation of law, merger, or any other means without iGenApps LLC's express prior written consent and any attempted assignment without such consent will be null and void.

11.5   Relationship of Parties. This Agreement will not be construed as creating any other agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between You and iGenApps LLC, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. This Agreement is not for the benefit of any third parties.

11.6   Independent Development. Nothing in this Agreement will impair iGenApps LLC's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Applications or any other products or technologies that You may develop, produce, market, or distribute.

11.7   Notices. Any notices relating to this Agreement shall be in writing. Notices will be deemed given by iGenApps LLC when sent to You at the email address You provided during the sign-up process.

You consent to receive notices by email and agree that any such notices that iGenApps LLC sends You electronically will satisfy any legal communication requirements. A party may change its email or mailing address by giving the other written notice as described above.

11.8   Severability. If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the Parties, and the remainder of this Agreement shall continue in full force and effect. However, if applicable law prohibits or restricts You from fully and specifically complying with this Agreement will immediately terminate and You must immediately discontinue any use of the Software as described in the Section entitled "Term and Termination."

11.9   Waiver and Construction. Failure by iGenApps LLC to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to this Agreement. Section headings are for convenience only and are not to be considered in construing or interpreting this Agreement.

11.10   Export Control. You may not use, export, re-export, import, sell or transfer the Software except as authorized by United States law, the laws of the jurisdiction in which You obtained the Software, and any other applicable laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

11.11   Government End-users. The Software and any related documentation are "Commercial Items", as that term is defined at 48 C.F.R. ¤2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202, as applicable. Consistent with 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any end-user (a) only as Commercial Items and (b) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.

11.12   Dispute Resolutions; Governing Law. Any litigation or other dispute resolution between You and iGenApps LLC arising out of or relating to this Agreement, the Software, or Your relationship with iGenApps LLC will take place in the jurisdiction of Puerto Rico, and You and iGenApps LLC hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within the District of Puerto Rico with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the Commonwealth of Puerto Rico, except that body of Puerto Rico law concerning conflicts of law. Notwithstanding the foregoing, if You are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section 11 (Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. ¤¤601-613), the Tucker Act (28 U.S.C. ¤ 1346(a) and ¤ 1491), or the Federal Tort Claims Act (28 U.S.C. ¤¤ 1346(b), 2401-2402, 2671-2672, 2674-2680), as applicable, or other applicable governing authority.

If You (as an entity entering into this Agreement) are a U.S. public and accredited educational institution, then (a) this Agreement will be governed and construed in accordance with the laws of the state (within the U.S.) in which Your educational institution is domiciled, except that body of state law concerning conflicts of law; and (b) any litigation or other dispute resolution between You and iGenApps LLC arising out of or relating to this Agreement, the Software, or Your relationship with iGenApps LLC will take place in federal court within Puerto Rico, and You and iGenApps LLC hereby consent to the personal jurisdiction of and exclusive venue in the state and federal court within the district of Puerto Rico unless such consent is expressly prohibited by the laws of the state in which Your educational institution is domiciled.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

11.13   Entire Agreement; Governing Language. This Agreement constitutes the entire agreement between the Parties with respect to the use of the Software licensed hereunder and supersedes all prior understandings. This Agreement may be modified only: (a) by a written amendment signed by both parties, or (b) to the extent expressly permitted by this Agreement (for example, by iGenApps LLC by written or email notice to You). Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.

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