Terms of Use & End User License Agreement

This End User License Agreement (“Agreement”) is a binding legal agreement between you and East Frisia LLC and governs your use of any mobile application published by East Frisia LLC (collectively, the “Licensed Applications” or “Apps”) on the Apple App Store, Google Play Store, or other distribution platforms.

By installing or using any App provided by East Frisia LLC, you agree to be bound by this Agreement. If you do not agree to these terms, do not install or use the Apps.

1. Parties

This Agreement is between you and East Frisia LLC only, and not with Apple, Inc., Google, Inc., or any other app store provider. Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement and that Apple has the right to enforce this Agreement against you. East Frisia LLC is solely responsible for the Licensed Applications and the content thereof.

2. Scope of License

East Frisia LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Applications for your personal, non-commercial purposes. You may use the Apps on any mobile device that you own or control and as permitted by the Usage Rules set forth in the relevant App Store Terms of Service (e.g., Apple Media Services Terms and Conditions or Google Play Terms of Service).

• You may not distribute or make the Apps available over a network where they could be used by multiple devices at the same time.
• You may not transfer, redistribute, or sublicense the Apps.
• You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).

3. Consent to Use of Data

You agree that East Frisia LLC 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 Applications. East Frisia LLC 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.

4. Termination

The license is effective until terminated by you or East Frisia LLC. Your rights under this license will terminate automatically without notice from East Frisia LLC if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Applications and destroy all copies, full or partial, of the Apps.

5. External Services

The Licensed Applications may enable access to third-party services and websites ("External Services"). You agree to use the External Services at your sole risk. East Frisia LLC 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 East Frisia LLC or its agents.

6. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATIONS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPS ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EAST FRISIA LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATIONS AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EAST FRISIA LLC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

7. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EAST FRISIA LLC 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 APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF EAST FRISIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall East Frisia LLC’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 dollars ($50.00).

8. Export

You may not use or otherwise export or re-export the Licensed Applications except as authorized by United States law and the laws of the jurisdiction in which the Licensed Applications were obtained. In particular, but without limitation, the Licensed Applications 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.

9. Governing Law

This Agreement and the relationship between you and East Frisia LLC shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and East Frisia LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas, to resolve any dispute or claim arising from this Agreement.