END USER LICENSE AGREEMENT

Last updated: November 03, 2024

OVERVIEW

HeartRateHub is licensed to You (End-User) by Enzer Erkin (Licensor) for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple's software distribution platform ("App Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Licensed Application. Enzer Erkin, not Apple, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions ("Usage Rules"). Enzer Erkin acknowledges that they had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

1. THE APPLICATION

HeartRateHub ("Licensed Application") lets you set up personalized heart rate zones before running and assists individuals in running within designated heart rate zones with Apple Watch app.

The Licensed Application is not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application.

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple devices that You own or control and as permitted by the Usage Rules.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Licensor's prior written consent).

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Licensor's prior written consent).

3. MAINTENANCE AND SUPPORT

3.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at anzerarkin@outlook.com.

3.2 Enzer Erkin and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. DATA USE AND PRIVACY

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.

5. WARRANTY

5.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

5.2 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

6. PRODUCT CLAIMS

Enzer Erkin and the End-User acknowledge that Enzer Erkin, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:

7. INTELLECTUAL PROPERTY RIGHTS

Enzer Erkin and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Enzer Erkin, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

8. APPLICABLE LAW

This License Agreement is governed by the laws of Germany excluding its conflicts of law rules.

9. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Enzer Erkin
Email: anzerarkin@outlook.com

10. TERMINATION

The license is valid until terminated by Enzer Erkin or by You. Your rights under this license will terminate automatically and without notice if you fail to adhere to any term(s) of this license.