Last Updated: Feb. 26. 2025
TERMS OF SERVICE
Please read these Terms of Service (the “Agreement”) carefully. By accessing or using the Services (as defined below) in any way or by completing the account registration process, you agree to be bound by this Agreement.
This Agreement is between you and Holy Trinity AI, Inc. (“Company” or “we” or “us”) concerning your use of (including any access to) the Holy Trinity AI site currently located at https://www.holytrinityai.com/ (together with any materials and services available therein, and successor site(s) thereto, the “Site”) and any Holy Trinity AI mobile software application(s) (together with any successor application(s) thereto (the “App”)), (collectively, the “Services”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Services, or otherwise made available to you by Company.
By using the Services, you affirm that you are of legal age to enter into this Agreement.
This Agreement contains a mandatory arbitration provision that, as further set forth in Section 18 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
The Services may be provided subject to an automatically renewing subscription managed solely by Third-Party Platform Providers. If you enroll in a subscription, you acknowledge that your payment method will be charged automatically for as long as you subscribe, and you agree to such charges. if you have any questions about the automatic renewal or recurring charges associated with the subscription, please contact the Third-Party Platform Provider.
1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Services users.
2. Information Submitted Through the Services. Your submission of information through the Services is governed by Company’s Privacy Policy, located at https://holytrinityai.com/privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.
3. Jurisdictional Issues. The Services is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the availability of the Service at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Rules of Conduct. In connection with the Services, you must not:
- Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Services for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Services.
- Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Services.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without Company’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Services.
- Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without Company’s express prior written consent.
- Systematically download and store Services content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Services’ root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.
5. Free Trials. Company may offer free trial access to and use of the Services (such trial, the “Free Trial,” and such period, the “Free Trial Period”). The length of any such Free Trial Period may vary from time to time in Company’s sole discretion. The Free Trial will expire at midnight Eastern Time on the last day of the Free Trial Period. If you do not terminate the Free Trial prior to such time, your payment method will be charged for a Recurring Subscription (as defined below) beginning at 12:01 am on the date following the last day of your Free Trial Period at Company’s then-current pricing or at the advertised price for such Subscription. If you terminate your Free Trial prior to the expiration of the Free Trial Period, your Free Trial subscription will end and your credit card will not be charged.
6. Subscription Service. You may be required to purchase a subscription to use all or part of our Services (“Subscription”), which may require enrollment in a payment plan involving automatic renewal (a “Recurring Subscription”), although we may in our sole discretion provide limited access to the App or some of its Content free of charge or at discounted price points from time to time. Subscription purchases and fees are managed solely by third-party app stores or platforms (each a “Third-Party Platform Provider”). The fees payable are made clear during the ordering process, and you can find the specific details regarding your subscription and pricing at any time directly through the App by contacting the Third-Party Platform Provider. If you purchase such a Subscription, you authorize Company or a Third-Party Platform Provider to store your payment method information and charge that payment method automatically upon the renewal for the rate of your Recurring Subscription, plus applicable taxes, with no further action required by you. You represent and warrant that you have the right to use the payment method that you submit in connection with a Subscription. The length of your Recurring Subscription will be provided when you make your purchase. Your Recurring Subscription will automatically renew unless you cancel it. In the event that Company or a Third-Party Platform Provider is unable to charge your payment method as authorized by you when you enrolled in a Recurring Subscription, Company or a Third-Party Platform Provider may in its sole discretion (i) bill you for the Subscription and suspend your access to the Services until payment is received; or (ii) seek to update your payment method information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. If we are unable to obtain payment from you for any reason, we may suspend your Recurring Subscription. You may cancel your subscription by emailing us at help@holytrinityai.com or directly through the Third-Party Platform Provider. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. Company may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription twenty-four (24) hours before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and the Third-Party Platform Provider will charge your on-file payment method on the first day of the renewal of the subscription term. Company reserves the right, including without prior notice, to impose conditions on the honoring of any coupon, discount or similar promotion; and to bar any user from purchasing a Subscription. Refunds will be subject to Company or Third-Party Platform Provider’s applicable refund policy.
7. Registration; User Names and Passwords. You may need to register to use all or part of the Services. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your are responsible for securely managing your user name and password; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Services account.
8. User Content. We may allow you to input certain content or materials into the Services (“Input”) to generate certain other content or materials using the Services (“Output”) or to create, post, store and provide other content, data or other materials to or through the Services (such materials, together with Inputs and Outputs, collectively, the “Content”). If our Services enable you to post or otherwise share Content on or through the Services, you understand that such Content and any associated information (such as your username or profile photo) may be visible to others. You may use the Services to create Outputs that are shareable outside of the Services, subject in all cases to this Agreement. If you choose to make any of your information publicly available through the Services or otherwise, you do so at your own risk.
9. License. For purposes of clarity, you retain all rights in and to your Content, excluding any portion of the Services included in or associated with your Content. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit your Content, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials, and to provide and improve the Services).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed Content, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Content, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Content that you may have under any applicable law under any legal theory.
10. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Content before or after they appear on the Services, or analyze your access to or use of the Services. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
11. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Services, you may view one (1) copy of any portion of the Services to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use. The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.
12. Company’s Proprietary Rights. We and our suppliers own the Services, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include HOLY TRINITY AI and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
13. Third-Party Content; Third-Party Services. Certain functionality of the Services may make available access to information, products, content, materials and other services made available by third parties (“Third-Party Content”), or allow for the routing or transmission of such Third-Party Content, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Content.
The Services may further rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, social media platforms, third-party app stores, and Internet and mobile operators (collectively, “Third-Party Services”). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of the Services.
We neither control nor endorse, nor are we responsible for, any Third-Party Content or Third-Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Content or Third-Party Services, or any intellectual property rights therein. Certain Third-Party Content or Third-Party Services may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third-Party Content or Third-Party Services. We have no obligation to monitor Third-Party Content or Third-Party Services, and we may block or disable access to any Third-Party Content or Third-Party Services (in whole or part) through the Services at any time. In addition, the availability of any Third-Party Content or Third-Party Services through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Content or Third-Party Services, nor does such availability create any legal relationship between you and any such provider.
Your use of Third-Party Content or Third-Party Services is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third-Party Content or Third-Party Services (such as terms of service or privacy policies of the providers of such Third-Party Content or Third-Party Services).
14. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Services (including the Outputs, any Third-Party Content and Third-Party Services) are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Services (including the Outputs, any Third-Party Content and Third-Party Services), including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services is or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services.
The Outputs generated by the Services are for informational purposes only. Due to the nature of the Services and of generative artificial intelligence, Company does not represent or warrant to you that the Outputs you generate are accurate, truthful or reliable or will meet your requirements or be appropriate, as expected, or unique to you. Two different parties may receive the same or similar Output after submitting their respective Inputs. Responses requested by and generated for other users that are not you shall not be considered Output for you, and you shall have no right or title over it. The Services may produce information that is incorrect, misleading or incomplete or “hallucinate,” meaning it may generate responses or information that are entirely fabricated and not based on real-world data or facts. You should independently verify any information provided by the Services before relying on it for any purpose and exercise caution and critical judgment when using content generated by artificial intelligence. You acknowledge that the Services are generated using an automated system, not a real human being, that does not possess consciousness, emotions or personal experiences and that the Outputs generated by the Services are based on pre-programmed algorithms and data. Further, Company does not represent or warrant to you that any defects or errors in Outputs will be corrected: you are responsible for reviewing, verifying and deciding whether and how to publish your Outputs; you should not rely on Outputs as a source of truth or fact or as a substitute for professional advice; you bear all consequences of your publication or use of Outputs; and Company is not liable for any actions taken or not taken in reliance on Outputs.
15. Limitation of Liability. To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of any Content (including unauthorized interception by third parties of any Content), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Services or from any Third-Party Content or Third-Party Services, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Services, Third-Party Content or Third-Party Services is to stop using the Services; and (d) the maximum aggregate liability of Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be limited to the greater of (i) the aggregate fees paid or payable by you to Company in the six (6) month period preceding the first event giving rise to the claim, and (ii) one hundred dollars ($100). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Affiliated Entities, and their respective successors and assigns.
16. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services (including your Content and Feedback); and (b) any violation or alleged violation of this Agreement by you.
17. Termination. This Agreement is effective until terminated. Company may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–4, 7–10 and 12–24 shall survive any expiration or termination of this Agreement.
18. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. Except as provided below regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. However, as set forth below, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver below, including its enforceability, revocability or validity.
You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this Section or any other provision of this Agreement or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
19. Information or Complaints. If you have a question or complaint regarding the Services, please send an e-mail to help@holytrinityai.com. You may also contact us by writing to 2261 Market Street, STE 10958, San Francisco, CA, 94114, or by calling us at (323) 987-4642. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 210-6276 or (800) 952-5210.
20. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Company a written notice by mail or e-mail, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing as follows: By mail to Copyright Compliance Manager, Holy Trinity AI, Inc., 2261 Market ST, STE 10958, San Francisco, CA 94114, or by e-mail to dcma@holytrintyai.com. The Copyright Compliance ’s phone number is (323) 987-4642.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
21. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
22. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
23. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms of Service and does not own and is not responsible for an App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to an App. Apple has no obligation whatsoever to furnish any maintenance or other support services for an App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to an App. Apple is not responsible for addressing any claims from you or a third party relating to an App or your possession and/or use of an App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, for such App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. In the event of any third-party claim that an App or your possession and use of an App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Any questions, complaints or claims relating to an App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use an App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s Apple Media Services Terms and Conditions. In addition, you must comply with the terms of any third-party agreement applicable to you when using an App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, they will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party.
24. Google-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the Android mobile operating system developed by Google, Inc. (“Google”). You acknowledge that this Agreement is between you and Company only, and not with Google. Your use of the 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 App. Company, and not Google, is solely responsible for the App and content available thereon. Google has no obligation or liability to you with respect to the App or this Agreement. Google is a third-party beneficiary to this Agreement as they relate to the App.
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