Effective date: 1 December, 2023
These Terms of Use (these “Terms”), delivered on behalf of Aptiq Studio (“Company”, “we”, “us”, and “our”), apply to all users and others (“Users”, “you”, as applicable) who download, install, register with, access or use (“Use”, “Using”) our mobile application BigShot (“BigShot” or “application”).
These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on your behalf or on behalf of the person or entity that you represent. If you are Using BigShot on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), do not Use BigShot. Your continued Use of BigShot will confirm your acceptance of these Terms.
If you have any questions about these Terms or BigShot, please contact us via an email [email protected] (for additional contact information, please, see Section 22 of these Terms).
NOTE: BigShot uses a Neural Network Model Stable Diffusion that allows users to generate personalized Avatars (“Avatars”). For all the important questions about how Stable Diffusion technology works, you can find answers in their FAQ.
There are certain restrictions to Using the Magical Photoshoot feature – read more in Section 5.
We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.
We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Also, we expect and appreciate you observing the rules of BigShot Use listed in Section 5 of these Terms.
BigShot is an application based software that uses artificial intelligence algorithms to transform your photos. The application allows you to upload photos onto application. Any photos you submit through BigShot mobile application are governed by Privacy Policy.
From time to time and without prior notice to you, we may change, expand, and improve the application. We may also, at any time, cease to continue operating part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of BigShot or any particular features will be done on our sole discretion.
TL;DR: BigShot is not intended for or directed at children. Generally, you should be at least 13 years old or, if you are from the EEA or the UK, 18 years old to use BigShot.
General age limitation.
BigShot website is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to Use BigShot website. If you are under 13, do not:
If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us (for contact information, please see Section 22: How to Contact Us).
Age limitation for EEA individuals. You must be at least 18 years old in order to Use BigShot. We do not allow Use of BigShot by EEA individuals younger than 18 years old. If you are aware of anyone younger than 18 Using BigShot, please contact us (for contact information, please see Section 22: How to Contact Us), and we will take the required steps to delete the information provided by such persons.
Age limitation for UK individuals. You must be at least 18 years old in order to Use BigShot. We do not allow Use of BigShot by UK individuals younger than 18 years old. If you are aware of anyone younger than 18 Using BigShot, please contact us (for contact information, please see Section 22: How to Contact Us), and we will take the required steps to delete the information provided by such persons.
Certain BigShot features or functionalities may require you to register an account with us (“Account”). By creating an Account, you agree to:
You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You may register your Account using a valid account on the app store or marketplace from which you downloaded BigShot (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using Third-Party Account to register your Account, you are allowing BigShot to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Please refer to our Privacy Policy for information about how we process and share information about you when you Use BigShot. You acknowledge and agree that your Use of BigShot is subject to our Privacy Policy.
TL;DR: You can upload your photos to BigShot and create amazing Avatars. Your original content and your AI-generated content belong to you, and we claim no ownership over such content. You would need to give us a permission to use that content (for our AI to generate you Avatars). You take this permission away when your Avatars are ready.
BigShot may allow you to upload, edit, store and share content, including photos, as well as generate and download your Avatars (“User Content”). We do not claim ownership over your User Content.
We want you to enjoy the functionality of BigShot seamlessly, therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to the application. We would like to highlight that the Company license is limited within both the purpose of our usage of your User Content and parties we might share this User Content with. Sharing of your User Content would be typically limited to our service providers and/or affiliates, which ensure that the application is functioning as intended. We do not sell or share otherwise any of your User Content with irrelevant third parties and do not receive any proceeds out of its usage, except for ensuring the appropriate functionality and further development of the application.
Therefore, solely for the purposes of operating or improving BigShot, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating BigShot or if otherwise implied by the Using of BigShot and its services unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from BigShot’s library or by terminating your account.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person that you authorized to act on your behalf.
TL;DR: here we impose some rules as to the content you may want to upload. Namely, you must own the photos you upload, and if you don’t, then you must respective rights to upload such content to BigShot. Also, in case you wish to upload a photo depicting your friend or someone else other than you, you may do so only with their consent. If you upload someone else’s content to BigShot and we receive claims, you will indemnify BigShot for such claims (it means that we will ask you to financially compensate us these claims). We encourage you to observe these rules and not harm others using their content without consent.
You represent and warrant that:
You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold BigShot harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.
We will not be liable to you for any modification, suspension or discontinuation of BigShot, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy (and its Section 8 “Data Security”).
TL;DR: The list below describes the prohibited conduct that leads to breach of this agreement between you and us. BigShot is made for your entertainment, and we want everyone to respect each other and not ruin the user experience by the misuse of BigShot.
You must not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company’s rights) or commit a tort, and you are solely responsible for your conduct while Using BigShot.
You represent, warrant and agree that you will not Use BigShot by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
Use of Avatars.
Due to the fact that we use Stable Diffusion AI technology in BigShot for creation of the Avatars, you additionally represent, warrant and agree that you will not Use Avatars feature in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.
We reserve the right to:
TL;DR: this is to say that everything you see on BigShot (apart from your photos or Avatars) is owned or licensed to BigShot. And we allow you to enjoy the functionality of BigShot to its fullest; if you want to use any BigShot elements outside BigShot, however, you must ask for our consent first. This includes, for example, using our trademarks or logo.
Everything you read below is NOT about your User Content.
BigShot and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content (as defined below)), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained in BigShot, excluding your User Content (collectively, “BigShot Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to BigShot and BigShot Content.
Your use of the BigShot Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, “Supplemental Terms”). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use BigShot and the BigShot Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:
Any Use of BigShot or the BigShot Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BigShot Content.
We offer a paid product that provide access to the Magical Photoshoot feature for a fee (the “Purchased Content”).
You may only use the Purchased Content if you are over 18 years old (or of legal age in jurisdiction where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use only.
Refunds. Your refund options depend on the way you made the purchase.
If you made a purchase through the Apple App Store or through the Google Play Store: The products purchased via Apple App Store are subject to Apple App Store refund policies, while products purchased via Google Play Store are subject to Google Play Store refund policies. This means that we cannot grant refunds for such products. To claim a refund for a purchase made through App Store or Google Play, please contact App Store support and learn more about refunds here, or contact Google Play support and learn more about refunds here, accordingly.
Please, be kindly informed that we are unable to view, access, or modify any financial transactions from Apple App Store or Google Play Store in-app purchases for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple App Store or Google Play Store in relation to your purchase or to request any refunds.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
Taxes. Tax rates or other fees are based on the rates applicable at the time of your charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
TL;DR: If BigShot displays any content that infringes someone’s copyright, please let us know. You can find all the details on how to notify us below.
It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on BigShot have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from BigShot by submitting a written notification to our copyright agent designated below.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), such written notice (“DMCA Notice”) must include substantially the following:
Our designated Copyright Agent to receive the DMCA Notices is:
Aptiq Studio
9 rue des Colonnes
75002 Paris
France
If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within BigShot is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
TL;DR: we will be happy to receive your feedback about BigShot. Please note that your feedback is not confidential and we will be able to use it (for example, to display on our website or to post in our social media account).
We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or BigShot (collectively, “Feedback”). You can submit Feedback by using ”Send Feedback“ button in BigShot settings, or by contacting us at [email protected] or otherwise (for addtional contact details, please, see Section 22 of these Terms “How to Contact Us”), or via reviews in Apple App Store or Google Play. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about BigShot’s user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
TL;DR: if you breach the rules, and we receive claims for it, we may ask you to compensate us financially.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of BigShot; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with BigShot. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
TL;DR: Sometimes the things may not work out as planned. And we don’t claim or guarantee that BigShot will always work perfectly. Just as we can’t claim or guarantee that you won’t see any unexpected results while generating your Avatars – it’s very unpredictable, although we are always working on AI’s safety settings.
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content linked to BigShot. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your Use of BigShot is at your sole risk. BigShot is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that BigShot is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of BigShot within your Use.
Magical Photoshoot feature uses external technology Stable Diffusion AI. Due to this, we cannot fully control the results generated by the Magical Photoshoot feature, and therefore these Avatars in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the Magical Photoshoot feature results by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms, you agree to the above disclaimer and waive any claims against us due to the generated Avatars.
The Company, as well as Company’s representatives or affiliates (the “Company Parties”) will not be liable to you under any theory of liability — whether based on contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or BigShot, regardless of the form of the action, is limited to the amount paid, if any, by you to Use BigShot. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use BigShot exceed the amounts you have paid to Use BigShot or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or BigShot resolved in court. Instead, all disputes arising out of or relating to these Terms or BigShot will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR BIGSHOT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:
Aptiq Studio 9 rue des Colonnes 75002 Paris France
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section.
TL;DR: this agreement is governed by the laws of the State of California.
These Terms and your Use of BigShot will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user’s country. This paragraph doesn’t override those laws.
Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms, including the changes which might affect your rights, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using BigShot. Your continued Use of BigShot after we provide the notice will imply your acceptance of those changes.
By Using BigShot, you also agree to receive electronic communications from us, including via email, push notifications and by posting notices on BigShot. The communications between you and us may take place via electronic means, whether you Use BigShot or send us emails, or whether we post notices on BigShot or communicate with you via email. These communications may include notices about BigShot and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us may include but are not limited to: operational communications concerning your Account or the Use of BigShot (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of BigShot and their scope, prices of in-app purchases).
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
You may opt-out of push notifications by changing the settings on your mobile device.
We reserve the right, without notice and in our sole discretion, to terminate your right to Use BigShot. We are not responsible for any loss or harm related to your inability to Use BigShot. Upon any termination, discontinuation or cancellation of BigShot, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
The application and artificial intelligence may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from BigShot under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
The following terms apply if you Use BigShot on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).
Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims. You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
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 persons.
Developer Contact Details. Any questions, complaints or claims with respect to the App should be directed to [email protected]
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
If you have any questions, complaints or claims with respect to these Terms or BigShot, please contact us via email at [email protected].
