The following highlights constitute a non-exhaustive summary of the Terms of Service stated in full in the following sections below and therefore, are not to be relied on. We encourage you to read our full Terms of Service, which govern your contractual relationship with Defense Recorder.
Any future changes we may make in our Terms of Service are effective immediately. When we make changes to these Terms, it is your responsibility to check for updates to these Terms and conditions.
By providing us feedback, you grant Defense Recorder a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any and all feedback provided.
You must be at least 18 years old to use Defense Recorder.
You are responsible for any mobile charges that you may incur in the course of using our Services.
We may need to make unscheduled necessary changes or urgent updates to the App without warning.
You will not impede upon our intellectual rights (Copyrights, Trademarks, Patents, NDA’s, and other protections)
Terms Of Service
Last updated: 03/22/23
Prior update: 03/18/23
Table of Contents
User Content and Conduct
Use of Project information; Confidentiality
Representations and warranties
Limitation of Liability
Governing Law and Venue
Modifying and Terminating Defense Recorder
End User License Agreement
These Terms of Service (the "Terms") govern your use of the Defense Recorder Service provided to you by Defense Recorder, LLC. ("us," "we," or "our"), including the Defense Recorder App for Apple and Android (the "App"), the Defense Recorder website (the "Site"), and all related tools and services (collectively, the "Service").
By accepting these Terms or using the Defense Recorder Service, you agree to be bound by these Terms and to enter into an agreement with us. If you do not agree to all of these Terms, do not use the Defense Recorder Service.
We may make changes to these Terms from time to time, and the "Last Updated" date indicates when these Terms were last changed. Unless we say otherwise in our updated Terms, the amended Terms will be effective immediately, and your continued use of the Defense Recorder Service will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Defense Recorder Service immediately.
The Defense Recorder Service is intended as an audio recorder to be used in the background of your smartphone and other devices, allowing you to collect and save the audio for legal evidence and personal use. The App lets you (a) capture audio, (b) save audio files, (c) export the audio files, (d) delete audio files, (e) automatically delete the oldest audio files for system memory.
You must be at least 18 years of age to access or use the Defense Recorder Service. If you are under 18 years of age (or the age of legal majority where you live), you may use the Defense Recorder Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Defense Recorder Service.
If you are accessing or using the Defense Recorder Service on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person or entity’s behalf and (c) the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
License Grant (4.1)
Subject to these Terms, as a paying user, we hereby grant to you a limited, nonexclusive, non transferable, non-sub-licensable, revocable license to access and use the Defense Recorder Service for your own personal or internal business use.
Restrictions and Limitations (4.2)
Such license does not include the right to: (a) license, sublicense, sell, resell, rent, transfer, assign, distribute or otherwise commercially exploit or make the Defense Recorder Service, or any portion thereof, available to any third party, except as expressly permitted herein and subject to the Terms set forth in these Terms; (b) reverse engineer, disassemble, or decompile the App or any other software required for use in connection with Defense Recorder or otherwise attempt to discover the source code for, or any trade secrets related to, the App or the Defense Recorder Service; (c) remove any copyright, trademark or other proprietary notices from Defense Recorder, or any component thereof; (d) modify, alter or create any derivative works of the Defense Recorder Service or any component thereof; (e) reproduce or distribute the App or Defense Recorder Service or copy any ideas, features, functions, or content thereof, except as expressly permitted under these Terms; or (f) use the Defense Recorder Service, or any component thereof, for any purposes other than as expressly permitted herein. All rights not expressly granted in these Terms are reserved by us.
Ownership of the Defense Recorder Service, and all content and materials contained therein other than any User Content (as defined below), are owned solely by us or our licensees and are protected by U.S. and international copyright laws. No title to or ownership of the Site, the App, the Defense Recorder Service or any proprietary rights associated with them is transferred to you by these Terms. Defense Recorder and our logos, our product or service names, our slogans and the look and feel of the Defense Recorder Service are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Defense Recorder Service are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
In the event that you provide us with any questions, comments, suggestions, opinions, observations, usage information, or feedback on the Defense Recorder Service, including ideas for improvements, enhancements and other changes (collectively the “Feedback”), you agree that such feedback is the confidential information of ours and we are the sole owner of all feedback, including all patent, copyright, trademark, trade secret and other intellectual property rights therein, and may use and implement such feedback in whole or in part without any notice or attribution, payment or other compensation, to you or any third party. You hereby assign to us all right, title and interest you may have in and to all feedback. You further agree to execute such documents and take, at our expense, such actions as we may reasonably request to effect, perfect, confirm and enforce our ownership interests and other rights as set forth in Section 6.
User Content and Conduct (7)
User Content Rules (7.1)
Users of the Defense Recorder Service (each a “User”) may create, provide, store and share content, data, audio files, and information (collectively, the “User Content”) including for use in connection with projects the User creates using the Defense Recorder Service (collectively the “Projects”). You are solely responsible for your User Content, and we are neither responsible nor liable for any User Content or for the use, availability, deletion, correction, destruction, damage, or loss thereof. You may post or otherwise share only User Content that you have all necessary rights to.
You will not create, upload, transmit, publish or otherwise use, on or in connection with the Defense Recorder Service, any User Content that: (a) infringes upon or violates the rights of any third party including any copyright, trademark, trade secret, or other intellectual property rights, rights of publicity, rights of privacy, or contract rights; (b) is illegal, defamatory, obscene, pornographic, vulgar, indecent, lewd, offensive, threatening, abusive, harmful, inflammatory, deceptive, false, misleading, or fraudulent; (c) promotes hatred, discrimination, bigotry, racism, harassment, violence or harm against any individual or group; (d) violates, or encourages any conduct that would violate, any applicable laws, rules or regulations or give rise to any civil liability; (e) contains any viruses, corrupted data or other harmful, disruptive or destructive files; (f) restricts, interferes with or inhibits any other person from using the Defense Recorder Service; (g) that is directed to children under 18, contains any protected health information, or contains any nonpublic personal information from a financial institution; (h) attempts to clone the voice of a non-consenting speaker using our Overdub technology; (i) impersonates, or misrepresents your affiliation with, any person or entity; (j) contains any unsolicited promotions, political campaigning, advertising or solicitations; (k) in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Defense Recorder Service; or (l) that would otherwise expose us or any third party to liability, special regulations, or harm of any kind. *If citing these Terms and Conditions in a dispute against Defense Recorder, keep note of the number: 496608 for future reference*
We reserve the right to delete or block access to any User Content at any time and for any reason in its sole discretion, including if it receives any notices or otherwise believes that such User Content may be in violation of these Terms or may otherwise violate the rights of, or cause any harm or liability of any kind to, us or any third party. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the Defense Recorder Service will not contain any content that is prohibited by such rules. Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors.
License to User Content (7.2)
We claim no ownership rights in your User Content. You hereby grant to us a perpetual, irrevocable, nonexclusive, royalty-free, sublicensable, fully paid, worldwide license to create derivative works from, access, reproduce, distribute, process, publish, display, perform, adapt, modify, analyze, and otherwise use the User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or a third party to provide, maintain, and improve the Defense Recorder Service; provided that our use of any Projects you create is subject to the usage limitations and confidentiality obligations set forth in Section 9 below.
User Conduct Rules (7.3)
In using the Defense Recorder Service, you must at all times comply with all applicable laws, rules and regulations. All rights not expressly granted in these Terms are reserved by us. You are solely responsible for your conduct while using the Defense Recorder Service. User is solely responsible for User’s conduct and agrees not to do any of the following in connection with the Defense Recorder Service: (a) use the Defense Recorder Service other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying and using the Defense Recorder Service or that could damage, disable, disrupt, overburden or impair the functioning of the Defense Recorder Service in any manner; (b) use or attempt to use another user’s smartphone account without authorization from that user and us; impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; (c) stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users; (d) send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; (e) harvest or otherwise collect or disclose information about other users without their consent; (f) use the Defense Recorder Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; (g) circumvent or attempt to circumvent any filtering, security measures or other features we may from time to time adopt to protect us, the Defense Recorder Service, its users or third parties; (h) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Defense Recorder Service; (i) develop or use any applications that interact with the Defense Recorder Service without our prior written consent; (k) distribute or enable any malware, spyware, adware or other malicious code; and (l) reverse engineer, disassemble, or decompile any aspect of Defense Recorder Service or otherwise attempt to discover the source code for, or any trade secrets related to, the Defense Recorder Service. You acknowledge and agree that we are not liable in any manner for the conduct of other users of the Defense Recorder Service.
Use of Project Information; Confidentiality (8)
Use of Project Information (8.1)
When you create a Project, we may access and use such Project for the following purposes (the “Permitted Purposes), subject to the confidentiality obligations set forth in Section 9 below: We may use your Project for the purpose of providing the Defense Recorder Service.
We treat your Projects and the User Content contained therein (including audio and video files and written documents) as your "Confidential Information" in accordance with the Terms of this Section 9. We will not, without your consent, use the Confidential Information other than for the Permitted Purposes or disclose the Confidential Information to any third party other than to our officers, directors, employees, agents, assigns, consultants, contractors, service providers, representatives or affiliated entities who need to access such Confidential Information in connection with the Permitted Purpose and who are bound by confidentiality obligations to protect the confidentiality of such information or as required by law.
We will use at least reasonable care to protect the confidentiality of the Confidential Information. In the event that we are required by law to disclose any of your Confidential Information, by subpoena, judicial or administrative order or otherwise, we will (to the extent legally permissible) use commercially reasonable efforts to give you notice of such requirement and permit you to intervene in any relevant proceedings to protect your interests in your Confidential Information.
Confidential Information will not include, and the obligations herein will not apply to, any information or content: (a) that is known to us, prior to receipt from you, or is obtained from a source other than one having an obligation of confidentiality to you; (b) that has become known (independent of disclosure by you) to us directly or indirectly from a source other than one having an obligation of confidentiality to you; or (c) that has become publicly known or otherwise ceases to be secret or confidential, except through a breach of this Section by us, including if you designate a Project as “public” or post such information or content in a public area of the Site.
You agree that you will only record audio of Consenting Speakers. The recording of a third party's unauthorized voice recordings audio is expressly prohibited, and you represent and warrant that you will not capture any recording to the Defense Recorder Service that contains the voice of any speakers that have not explicitly consented to be recorded and used in the manner as part of the Defense Recorder Service.
Representations and Warranties (9)
You represent and warrant that (a) you have all necessary rights to use the User Content and to grant the rights you grant herein with respect to the User Content; (b) the User Content and the use thereof as contemplated under these Terms does not and will not infringe upon or violate the intellectual property, privacy or other rights of any third party or these Terms, and (c) you will comply with all applicable laws, rules or regulations in connection with your use of the Defense Recorder Service.
Copyright Complaints (10)
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. If you believe that anything on the Defense Recorder Service infringes any copyright that you own or control, you may notify us via our website contact page.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Defense Recorder Service; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with the Defense Recorder Service; (f) your use of any recordings you make (g) any breach or alleged breach of any of the representations or warranties set forth in these Terms. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties. *If citing these Terms and Conditions in a dispute against Defense Recorder, keep note of the number: 840031 for future reference*
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT THE Defense Recorder Service AND ALL ITEMS, CONTENT, AND SERVICES PROVIDED OR MADE AVAILABLE IN CONNECTION THEREWITH ARE BEING PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING WITHOUT LIMITATION REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, PERFORMANCE, SECURITY, ACCURACY OR COMPLETENESS OF THE Defense Recorder Service. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WITHOUT LIMITING THE FOREGOING, Defense Recorder DOES NOT REPRESENT OR WARRANT THAT (A) THE Defense Recorder Service WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULTS; (B) ANY RECORDINGS WILL BE ACCURATE OR RELIABLE; (C) MINOR ERRORS OR DEFECTS WILL BE CORRECTED; (D) THAT THE Defense Recorder Service WILL BE UNINTERRUPTED OR FREE FROM BUGS, ERRORS, OMISSIONS OR INTERRUPTIONS; OR (E) THE Defense Recorder Service OR THE SERVERS THAT MAKE THE Defense Recorder Service AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Defense Recorder Service.
Limitation of Liability (13)
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF DATA, LOST REVENUES, LOST BUSINESS OPPORTUNITIES OR OTHER ECONOMIC ADVANTAGE, FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE OPERATION, USE OF, OR INABILITY TO USE THE Defense Recorder Service, EVEN IF WE HAVE BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, Defense Recorder OR ANY OF OUR ACTIONS IN CONNECTION THEREWITH, OR YOUR USE OF OR INABILITY TO USE THE Defense Recorder Service, EXCEED THE GREATER OF $10.00 OR THE COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE Defense Recorder Service. THE LIMITATIONS SET FORTH IN THIS SECTION 14 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF US OR THE OTHER COMPANY PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release us and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your account and your license to use the Defense Recorder Service, and to block or prevent future your access to and use of the Defense Recorder Service at any time with or without cause. Upon any termination of your right to access or use the Defense Recorder Service, you will cease all use of the Defense Recorder Service, and all of the User Content that may be stored in connection with the Defense Recorder Service. You are solely responsible for making backup copies of any User Content.
Electronic Communications (16)
You agree that communications and transactions between us may be conducted electronically. By subscribing to and using the Defense Recorder Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Governing Law and Venue (17)
These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without resort to its conflict of law provisions. The parties expressly consent to the venue and jurisdiction of the Federal or state courts located in Arapahoe County, Colorado, with respect to any actions that may arise out of, or relate to, these Terms or the Defense Recorder Service.
General Provisions (18)
These Terms set forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether expressed or implied, or to bind the other party in any respect whatsoever. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Notwithstanding any other provisions of these Terms, Sections 2, 3, 4, 6, 7, 8, 9.1, 9.2, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, and 23 survive any expiration or termination of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” If any provision of these Terms are invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. Neither these Terms nor any right or duty under these Terms may be transferred, assigned or delegated by you, by operation of law or otherwise, without the prior written consent of us, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer or assign these Terms or its rights and duties under these Terms without your consent. Subject to the foregoing, these Terms will be binding upon and will insure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
Modifying and Terminating Defense Recorder (19)
We may modify or stop providing any and/or all features of the Defense Recorder Service at any time. You also have the right to stop using the Defense Recorder Service at any time. We are not responsible for any loss or harm related to your inability to access or use the Defense Recorder Service.
Additional Terms (20)
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any Apple OS or Android OS product that you own or control as permitted by the Usage Rules set forth in the respective App Store & Play Store Terms of Service.
Maintenance and Support. You and we acknowledge that Apple & Android have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge that Apple & Android is not responsible for any product warranties, whether expressed or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Android, and Apple or Android will refund the purchase price, if any, paid to Apple or Android for the App by you; and to the maximum extent permitted by applicable law, Apple or Android will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of us. However, you understand and agree that in accordance with these Terms, we have disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims. You and we acknowledge that as between Apple & Android and us, we, not Apple or Android, are responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, we, and not Apple or Android, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) 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 (b) 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 App should be directed to:
Defense Recorder email@example.com
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Defense Recorder Service.
Third-Party Beneficiary. The parties acknowledge and agree that Apple & Android, and Apple’s/Androids subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple & Android will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
It is your responsibility to ensure the app is recording, all smartphones have a notification that reminds users that there is an ongoing recording. If you dont see this notification, the app has likely stopped recording for some reason. This is relatively common with apple, due to the OS (operating system) limitations.
The following additional terms and conditions apply with respect to any App that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
We, and not Apple, are solely responsible for Our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.
You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.
You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.
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.
You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any App that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
END USER LICENSE AGREEMENT (23)
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. This Agreement is a legal agreement between you and Defense Recorder, for the use of the Defense Recorder Service ("app").
LICENSE GRANT (23.1)
Subject to the terms and conditions of this Agreement, Defense Recorder grants You a non-exclusive, non-transferable, limited license to use the app solely for Your personal, non-commercial use during the term of this Agreement.
User agrees to pay the monthly subscription fee as set forth in the app. Failure to pay the subscription fee will result in the suspension or termination of User's license to use the app.
INTELLECTUAL PROPERTY (23.3)
The app, including without limitation all copyrights, trademarks, patents, trade secrets and other intellectual property rights therein, are the sole and exclusive property of Defense Recorder or its licensors. User acknowledges that no title to the intellectual property in the app is transferred to User. User further acknowledges that User has no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense the app except as expressly set forth herein.
DISCLAIMER OF WARRANTIES (23.4)
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY (23.5)
IN NO EVENT SHALL DEFENSE RECORDER BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, EVEN IF DEFENSE RECORDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall terminate automatically if User fails to comply with the terms and conditions of this Agreement. Upon termination, User shall cease all use of the app and destroy all copies of the app in User's possession.
GOVERNING LAW (23.7)
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Defense Recorder is located, without giving effect to any choice of law or conflict of law provision or rule that would cause the app of the laws of any jurisdiction other than the jurisdiction in which Defense Recorder is located.
ENTIRE AGREEMENT (23.8)
This Agreement constitutes the entire agreement between User and Defense Recorder with respect to the use of the app and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between User and Defense Recorder.
CONTACT INFORMATION (24)
If you have any questions about this Agreement or the app, please contact us at firstname.lastname@example.org or on the contact page on our website: www.defenserecorder.com
By using the app, User acknowledges that User has read this Agreement, understands it, and agrees to be bound by its terms and conditions.