End-User License Agreement (EULA)

Last Update

·

Jun 27, 2024

Acknowledgement

This End-User License Agreement ("EULA") is concluded between you and us, Tiempo Fitness, only, and not with Apple, Inc. ("Apple"). We are solely responsible for the Licensed Application and its content. Apple is not responsible for the Licensed Application or any content thereof. The terms of this EULA must not conflict with the Apple Media Services Terms and Conditions, which you acknowledge having had the opportunity to review.

Scope of License

The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Maintenance and Support

We, Tiempo Fitness, are solely responsible for providing any maintenance and support services for this Licensed Application, as specified in this EULA, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the Licensed Application.

Warranty

We, Tiempo Fitness, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

Product Claims

You acknowledge that we, Tiempo Fitness, are responsible for addressing any claims of yours or any third party relating to the Licensed Application or your 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 our Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit our liability to you beyond what is permitted by applicable law.

Intellectual Property Rights

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, we, Tiempo Fitness, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

Any questions, complaints, or claims with respect to the Licensed Application should be directed to:

Tiempo Fitness

Santiago Villalba & Ivan Koop
Asunción - Paraguay
Email: hi@santi.is
Phone: +595 981 820 920

Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the Licensed Application. For example, if you have a VoIP application, you must not be in violation of your wireless data service agreement when using the Licensed Application.

Third Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

End-User License Agreement (EULA)

Last Update

·

Jun 27, 2024

Acknowledgement

This End-User License Agreement ("EULA") is concluded between you and us, Tiempo Fitness, only, and not with Apple, Inc. ("Apple"). We are solely responsible for the Licensed Application and its content. Apple is not responsible for the Licensed Application or any content thereof. The terms of this EULA must not conflict with the Apple Media Services Terms and Conditions, which you acknowledge having had the opportunity to review.

Scope of License

The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Maintenance and Support

We, Tiempo Fitness, are solely responsible for providing any maintenance and support services for this Licensed Application, as specified in this EULA, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the Licensed Application.

Warranty

We, Tiempo Fitness, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

Product Claims

You acknowledge that we, Tiempo Fitness, are responsible for addressing any claims of yours or any third party relating to the Licensed Application or your 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 our Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit our liability to you beyond what is permitted by applicable law.

Intellectual Property Rights

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, we, Tiempo Fitness, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

Any questions, complaints, or claims with respect to the Licensed Application should be directed to:

Tiempo Fitness

Santiago Villalba & Ivan Koop
Asunción - Paraguay
Email: hi@santi.is
Phone: +595 981 820 920

Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the Licensed Application. For example, if you have a VoIP application, you must not be in violation of your wireless data service agreement when using the Licensed Application.

Third Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.