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END USER LICENSE AGREEMENT

Last updated August 05, 2020

WinkShare is licensed to You (End-User) by WinkShare Inc., located at 44 Warren St Apt 4c, New York, New York 10007, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. WinkShare Inc., not Apple, is solely responsible for the licensed Application.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. WinkShare Inc. acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.


1. THE APPLICATION

WinkShare (hereinafter: Application) is a piece of software created to foster healthy relationships and protect user privacy at all levels. At any stage in a couple’s relationship, WinkShare aims to provide engaging and empowering content to build deeper, healthier and long lasting relationships. We believe that, to explore and share your most authentic self, individuals require a truly private space, without fear of judgment or surveillance. WinkShare’s mission is to provide the most private messaging platform.We do not intend to share your content with advertisers.

The Application is not tailored to comply with industry-specific regulations. 


2. ELIGIBILITY.

You must be at least 18 years of age to create an account on WinkShare and use the service. By creating an account and using the Service, you represent and warrant that: you can form a binding contract with WinkShare, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.


3. SCOPE OF LICENSE

3.1  You are given limited, a non-transferable, non-exclusive, non-sublicensable license to install and use within the Territory, the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser). Territory is limited to the United States of America. 

3.2  This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

3.3  You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with WinkShare Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

3.4  You may not reverse engineer, translate, disassemble, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof.

3.5  You may not copy excluding when expressly authorized by this license and the Usage Rules or alter the Application or portions thereof. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to the application at any time. 

3.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

3.7  Licensor reserves the right to modify the terms and conditions of licensing.

3.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.


5. NO MAINTENANCE OR SUPPORT

5.1  WinkShare Inc. is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.

5.2  WinkShare Inc. and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.


6. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.winkshare.com/privacy-policy


7. LIABILITY

7.1  Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

7.2  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

7.3  Licensor takes no accountability and responsibility in case of We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). .

7.4  Licensor takes no accountability and responsibility in case of We cannot predict when issues might arise with out Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms.


8. WARRANTY

8.1 No warrenty is provided for any products or services provided by WinkShare, Inc.


9. PRODUCT CLAIMS

WinkShare Inc. and the End-User acknowledge that WinkShare Inc., and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s 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 Your Licensed Application’s use of the HealthKit and HomeKit.


10. LEGAL COMPLIANCE

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

11. CONTACT INFORMATION 

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

WinkShare

44 Warren St Apt 4c

New York, NY 10007

United States

support@winkshare.com


12. TERMINATION

The license is valid until terminated by WinkShare Inc. or by You. Your rights under this license will terminate automatically and without notice from WinkShare Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

WinkShare Inc. represents and warrants that WinkShare Inc. will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

14. INTELLECTUAL PROPERTY RIGHTS

WinkShare Inc. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, WinkShare Inc., and not Apple, will be responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.


15. APPLICABLE LAW

This license agreement is governed by the laws of the State of New York excluding its conflicts of law rules.

16. MISCELLANEOUS

16.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.


This is the total agreement.

Copyright © 2020. WinkShare, Inc. All rights reserved.