End User Licence Agreement

This End User Licence Agreement ("EULA") is an agreement between you and Wairra UG (haftungsbeschränkt) ("Wairra", "we") and governs your use of the Wairra iOS application (the "Licensed Application"). By installing or using the Licensed Application you accept this EULA, the Terms of Service, and the Privacy Policy. If you do not accept them, do not install or use the Licensed Application.

You acknowledge that this EULA is between you and Wairra only, and not with Apple Inc. ("Apple"). Wairra — not Apple — is solely responsible for the Licensed Application and its content.

Wairra grants you a non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions (currently the "Usage Rules" in those terms), except that the Licensed Application may be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.

You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this licence and the Usage Rules), reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except to the extent that such activity may be permitted by applicable law notwithstanding this restriction.

You agree that Wairra may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Wairra may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Personal data is handled in accordance with our Privacy Policy.

The Licensed Application may enable access to Wairra and third-party services and websites (collectively and individually, "Services"). Use of the Services may require internet access and may require you to accept additional terms of service. By using the Licensed Application together with a Service, you agree to the transmission and processing of data as described in our Privacy Policy.

Certain Services display, include, or make available content, data, information, or materials from third parties ("Third-Party Materials"), or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Wairra is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, or any other aspect of Third-Party Materials or websites. Wairra, its officers, affiliates, and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials or websites, or for any other materials, products, or services of third parties.

You agree that the Services contain proprietary content, information, and material that is owned by Wairra and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this EULA or that infringes any intellectual property rights of a third party or Wairra. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in this EULA. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorised way whatsoever.

This EULA is effective until terminated by you or Wairra. Your rights under this EULA will terminate automatically without notice from Wairra if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.

The Licensed Application may enable access to Wairra and/or third- party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Wairra is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Wairra or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Wairra or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that Wairra is not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Wairra reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, and Wairra hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non- infringement of third-party rights. No oral or written information or advice given by Wairra or its authorised representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

To the extent not prohibited by applicable law, in no event shall Wairra be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Wairra has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Wairra's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty euros (EUR 50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

You may not use or otherwise export or re-export the Licensed Application except as authorised by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

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

Wairra UG (haftungsbeschränkt)
Postal address: see Imprint
Email: support@liftune.com

You and Wairra 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.

You agree to comply with all applicable laws when using the Licensed Application. If any provision of this EULA is held invalid, the remaining provisions will continue in full force and effect. This EULA, together with the Terms of Service and the Privacy Policy, is the entire agreement between you and Wairra concerning the Licensed Application and supersedes any prior agreement on that subject matter. Headings are for reference only and have no legal effect.