Motion app EULA
MOTION iOS App
End User License Addendum
Last Updated: January 28, 2018
This Motion iOS App End User License Addendum (“Mobile Addendum“) is between you and Radical Solutions, LLC (“RADiCAL“) and governs your use of RADiCAL’s mobile applications for iOS including the Motion by RADiCAL App (collectively, the “RADiCAL iOS Apps“). This Mobile Addendum is an addendum to RADiCAL’s Terms of Service (https://getrad.co/terms-of-service).
- Parties. This Mobile Addendum is between you and RADiCAL only, and not Apple, Inc. (“Apple“). RADiCAL, not Apple, is solely responsible for the RADiCAL iOS Apps and their content. Although Apple is not a party to this Mobile Addendum, Apple has the right to enforce this Mobile Addendum against you as a third party beneficiary relating to your use of the RADiCAL iOS Apps.
- Terms of Service. To use the RADiCAL iOS Apps, you may be required to register to become a RADiCAL member. In doing so, you must accept RADiCAL’s Terms of Service.
- Privacy. RADiCAL may collect and use information concerning your use of the RADiCAL iOS Apps as set forth in its Privacy Policy (https://www.getrad.co/legal/privacy/).
- Limited License. RADiCAL grants you a limited, non-exclusive, non-transferrable, revocable license to use the RADiCAL iOS Apps for your personal, non-commercial purposes. You may only use the RADiCAL iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
- Music. The Cameo app allows you to use certain musical tracks that RADiCAL has licensed from third party musicians. Specifically, you may use the included tracks in a non-commercial video that you create using the Cameo app and may distribute such video via the Cameo app and related website and the RADiCAL service. You may not use the included tracks for any other purpose. All musical tracks are property of their respective owners.
- Warranty. The RADiCAL iOS Apps are provided for free on an “as is” basis. As such, RADiCAL disclaims all warranties about the RADiCAL iOS Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, RADiCAL, not Apple, shall be solely responsible for such warranty.
- Maintenance and Support. Because the RADiCAL iOS Apps are free to download and use, RADiCAL does not provide any maintenance or support for them. To the extent that any maintenance or support is required by applicable law, RADiCAL, not Apple, shall be obligated to furnish any such maintenance or support.
- Third Party Intellectual Property Claims. RADiCAL shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the RADiCAL iOS Apps. To the extent RADiCAL is required to provide indemnification by applicable law, RADiCAL, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the RADiCAL iOS Apps or your use of it infringes any third party intellectual property right.
- Product Claims. RADiCAL does not make any warranties concerning the RADiCAL iOS Apps. To the extent you have any claim arising from or relating to your use of the RADiCAL iOS Apps, RADiCAL, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the RADiCAL iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Mobile Addendum shall be deemed an admission that you may have such claims.
- U.S. Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Contact Information. Should you have any questions, complaints, or claims relating to the RADiCAL app, please contact us at support@getrad.co.