Common use of App Terms Clause in Contracts

App Terms. 21.1. Our App may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”) and: 21.1.1. you acknowledge that this Agreement is concluded between you and us, not with the Distribution Channel, and that we, not the Distribution Channel, are solely responsible for the App and the content thereof; 21.1.2. you may not use the App in any manner that is in violation of or inconsistent with the Distribution Channel usage rules or terms of service; 21.1.3. your use of the App is limited to a non-exclusive, revocable, non-transferable licence to use the App on a device that you own or control, as permitted by the Distribution Channel usage rules terms of service; 21.1.4. the Distribution Channel has no obligation whatsoever to provide maintenance or support services with respect to the App; 21.1.5. the Distribution Channel is not responsible for warranties, whether express or implied by law. In the event of a failure of the App to conform to applicable warranties, you may notify the Distribution Channel who will refund the purchase price for the App; and, to the maximum extent permitted by applicable law, the Distribution Channel will have no other warranty obligation whatsoever with respect to the App, or any other Losses attributable to such nonconformance, which will be our sole responsibility, to the extent they cannot be excluded under applicable law; 21.1.6. us, not Apple, is responsible for addressing claims by you or any third party relating to the App or your possession and/or use of it, including: (i) product liability claims; (ii) claims that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under Consumer protection or similar legislation; 21.1.7. in the event of a third party claim that the App or your possession and/or use of it infringes third party intellectual property rights, we, not the Distribution Channel, will be solely responsible for the investigation, defense, settlement and discharge of such claim; and 21.1.8. any questions, complaints or claims with respect to the App should be directed to us. 21.2. You agree that the Distribution Channel and its subsidiaries are third party beneficiaries of this Agreement with respect to the App, and that they will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the App as a third party beneficiary.

App Terms. 21.1If you download the App from a third party platform provider (eg. Our App may be made available through the Apple App Store, the Google Play Store or other distribution channels AppStore; GooglePlay) (“Distribution ChannelsPlatform Provider”) and: 21.1.1. ), you acknowledge that this and agree to the following additional terms: ● This Agreement is concluded solely between HotSpot Parking and you and us, not with the Distribution ChannelPlatform Provider, and that weHotSpot Parking not Platform Provider, not the Distribution Channel, are is solely responsible for the App and the content thereof; 21.1.2. you may not use To the extent this Agreement provides for usage rules for the App which are less restrictive or in any manner that is in violation of or inconsistent conflict with the Distribution Channel usage rules or Platform Provider’s terms of service; 21.1.3. your use of , the App is limited to a non-exclusive, revocable, non-transferable licence to use the App on a device that you own more restrictive or control, as permitted by the Distribution Channel usage rules terms of service; 21.1.4. the Distribution Channel conflicting Platform Provider term will take precedence and will apply; ● Platform Provider has no obligation whatsoever to provide any maintenance or and support services with respect to the App; 21.1.5. the Distribution Channel HotSpot Parking is not solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of a any failure of the App to conform to any applicable warrantieswarranty, you may notify the Distribution Channel who Platform Provider, (and if applicable, Platform Provider will refund the purchase price for the App; and, App to you) and to the maximum extent permitted by applicable law, the Distribution Channel Platform Provider will have no other warranty obligation whatsoever with respect to the App, or and any other Losses claims, losses, liabilities, damages, costs or expenses attributable to such nonconformance, which any failure to conform to any warranty will be our HotSpot Parking’ sole responsibility, to the extent they cannot be excluded under applicable law; 21.1.6. usresponsibility; ● HotSpot Parking, not ApplePlatform Provider, is responsible for addressing any claims by you may have or any third party relating to the App or your possession and/or use of itthe App, including, but not limited to: (i) product liability claims; claims; (ii) claims any claim that the App fails to conform to any applicable legal or regulatory requirement; and requirement; (iii) claims arising under Consumer consumer protection or similar legislation; 21.1.7. in the event of a third party claim that the App or your possession legislation.; and/or use of it infringes third party (iv) intellectual property rightsinfringement claims; and ● Platform Provider, weand Platform Provider’s subsidiaries, not the Distribution Channel, will be solely responsible for the investigation, defense, settlement and discharge of such claim; and 21.1.8. any questions, complaints or claims with respect to the App should be directed to us. 21.2. You agree that the Distribution Channel and its subsidiaries are third party beneficiaries of this Agreement with respect to the AppAgreement, and that they that, upon your acceptance of the terms and conditions of this Agreement, Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the App as a third party beneficiarybeneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.