EULA

End-User License Agreement


Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the Vanemar Inc. (“Vanemar”) mobile application (“Mobile App”), which allows You to access and control your boat with the help of installed Vanemar hardware (Vanemar Gateway and Sensors) via Vanemar’s internet-delivered service Vanemar Connect™ (“Subscription Service”) from Your mobile device. This EULA forms a binding legal agreement between You (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Vanemar as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA and with respect to the use of the Mobile App, and to the extent, the Vanemar Terms of Use conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Mobile App. 

  1. License. Vanemar grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and internal business purposes strictly in accordance with this EULA, Terms of Use and Privacy Policy (current versions can be found at https://www.vanemar.io/).
  2. Your Account. Your use of the Mobile App requires that You have an account with Vanemar and agree to the Terms of Use and Privacy Policy.
  3. Changes to this EULA. Vanemar reserves the right to modify this EULA at any time and for any reason. Vanemar will post the most current version of this EULA at https://www.vanemar.io/. If Vanemar makes material changes to this EULA, You will receive a notification email describing the updates to your email address registered to the Mobile App. Your continued use of the Mobile App after Vanemar publishes notice of changes to this EULA indicates Your consent to the updated terms.
  4. No Included Maintenance and Support. Vanemar may deploy changes, updates, or enhancements to the Mobile App at any time. Vanemar may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
  5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Subscription Service in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. Your use of the Mobile App and the Subscription Service is governed by the Terms of Use and Privacy Policy. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.  
  6. Privacy. In order to operate and provide the Subscription Service and the Mobile App, Vanemar may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We use third-party service providers to help us collect and analyse this data, including Google Analytics. Vanemar uses and protects that information in accordance with the Vanemar Privacy Policy.
  7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize Vanemar to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding Vanemar's products and services. 
  8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VANEMAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

8.1. iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.  

8.2. Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Suspension and Termination of the Mobile App. Vanemar reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account under the Subscription Agreement. You understand that if Your account is suspended or terminated, You may no longer have access to the Subscription Service.
  2. Intellectual Property Rights. In the event of a third-party claim that the Mobile App, or Your possession and use of the Mobile App, infringes third party’s intellectual property rights, Vanemar will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  3. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a U.S. Government embargo; (b) You are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country, and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.
  4. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your Subscription Service.
  5. Contact Information. If You have any questions regarding this EULA, the best way to contact us is the Help Center https://support.vanemar.io/hc/. You can also contact by mail at Vanemar, Inc. 651 N Broad St Suite 206 Middletown, DE 19709.
  6. Third-Party Beneficiaries. This EULA is executed between You and Vanemar and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third-party beneficiary thereof. Vanemar is not responsible for any applicable third-party agreement between You and any third-party.

 

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