Please refer to the Privacy Policy for information regarding how we collect, use, and
disclose information about you.
For Zoul users in countries and territories outside of the European Economic Area
(which includes the European Union), Switzerland, or the United Kingdom, the Zoul
Terms of Service apply to your use of the Services.
For Zoul users in countries in the European Economic Area (which includes the
European Union), Switzerland, or the United Kingdom, the Zoul Terms of Service for
the EEA, Switzerland, and UK apply to your use of the Services.
Zoul Terms of Service for the EEA,
Switzerland, and UK
Updated: May 3, 2024
These Terms of Service (the “Terms”) apply to the products and services of Calm.com,
Inc. and our subsidiaries and affiliates (“Zoul,” “we,” or “us”), including our websites,
social media pages, software applications, and other online services (collectively, the
“Services”).
1. Agreement to Terms
Please read these Terms carefully. By accessing or using the Services, you
acknowledge that you have read these Terms, that these Terms govern your use of the
Services, and that you agree to them.
2. Additional Terms
We may also have different or additional terms in relation to some of the Services.
Unless we say otherwise in those terms, those terms supplement and are part of these
Terms and will control to the extent there is a conflict with these Terms. Additional terms
that apply to some aspects of the Services include but are not limited to the Zoul Terms
and Conditions.
3. Service Use
Eligibility. You must be 16 years or older to use the Services. If you are under the age of
majority where you live, you may only use the Services if your parent or guardian
agrees to our Terms. Please read these Terms with them. If you are a parent or legal
guardian of a user under the age of majority where you live, you are subject to these
Terms and responsible for your child’s activity on the Services.
Account Registration and Security. To use many of the Services, you must register for
an account. You must provide accurate account information, keep this information
updated, and maintain the security of your account. Notify us immediately by email
at admin@zoul.app of any unauthorized use of your account or any other breach of
security. If you permit others to use your account, you are responsible for the activities
of those users unless you prove that such use is fraudulent. You agree not to create an
account if we have previously removed you or your account from any of the Services
without our permission.
4. Subscriptions and Promotional Offers
This section provides terms related to the Services that are only available with a paid
subscription.
a. Recurring Subscriptions. If you purchase a recurring subscription to use Zoul
(“Recurring Subscriptions”), the subscription will be continuous for the
subscription period you select and will automatically renew for another
subscription period until canceled. You authorize Zoul to automatically charge
your designated payment method at the beginning of each subscription period for
the then-current price of your Recurring Subscription, along with any applicable
taxes and fees specified, unless canceled in accordance with section 4(c). If we
are not able to charge your payment method for your Recurring Subscription, you
remain responsible for any uncollected amounts.
b. Cancellation. You must cancel your Recurring Subscription at least 24 hours
before the end of your current subscription period to avoid being charged for the
next subscription period. If you purchased your Recurring Subscription via
Zoul.com, you can cancel at Zoul manage subscribtion page. If you purchased
your Recurring Subscription through a third-party, like an app store, you must
cancel the renewal directly with that third-party. Contact us by email
at admin@zoul.app. If you need assistance with canceling a Recurring
Subscription. If you cancel, you are not entitled to a refund for the fees you
already paid, but, subject to these Terms, you will continue to receive access to
Zoul subscription until the end of your current subscription period.
c. Changes. We may make changes to your Recurring Subscription, including price
changes. We will communicate material changes to your Recurring Subscription,
including any changes to the price, at least 30 days in advance to the email
address associated with your account. If you do not agree to those changes, you
can cancel your subscription as described in section 4(c). We will not make price
changes that become effective during the middle of a Recurring Subscription
period.
d. Promotional Offers Converting to Recurring Subscriptions. You may be offered a
promotional offer in connection with a Recurring Subscription, such as a trial
period or initial discount (each a “Promotional Offer”). Additional terms specific to
each Promotional Offer we offer will be as described in the particular offer (“Offer
Terms”). You must meet all eligibility requirements stated in these Terms and the
Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer
Terms, Promotional Offers are only for new customers who have not previously
subscribed to Zoul or enrolled in a Promotional Offer. If the Offer Terms state that
an offer is available only to past subscribers, you must have been a subscriber to
Zoul subscription and allowed your subscription to expire before the date stated
in the Offer Terms. Zoul reserves the right, in its discretion, to determine your
Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any
time. Promotional Offers may only be claimed through zoul.com by any
advertised expiration date.
You must provide a valid payment method accepted by us to enroll in a
Promotional Offer unless otherwise stated in the Offer Terms. Once your
promotional period ends, you authorize Zoul to begin billing your designated
payment method on a recurring basis at the then-current price for the relevant
subscription plus any applicable taxes unless it is canceled in accordance with
section 4(c) at least 24 hours prior to the end of the promotional period.
5. Other Payments Terms
a. Payment Method. If you purchase a subscription, gift card, or other item through
the Services, you must provide an accurate and up-to-date payment method
acceptable by us. You authorize Zoul to charge any purchase to your designated
payment method, including the then-current price plus any applicable taxes and
fees specified. No transaction is binding on Zoul until accepted and confirmed by
Zoul. We may update your stored payment method using information provided by
our payment service providers. Following any update, you authorize us to
continue to charge the applicable payment method(s). You are responsible for
any additional charges that your payment method provider charges.
b. Cancellations and Disputes. If you have any concerns regarding any transactions
through the Services, we encourage you to raise them with us first and not
cancel or reverse charges through your payment method provider unless you
have made a reasonable attempt to resolve the matter directly with us or
otherwise as provided by applicable law. Zoul reserves the right to verify your
identity or request more information in connection with your purchases, and not
to process or to cancel purchase requests, including if we suspect fraud or if your
payment method is declined.
c. Withdrawal Rights. You have a legal right to cancel your purchase of Recurring
Subscription and receive a full refund at any time within 14 days from the date of
purchase of your subscription. To exercise the right of withdrawal, you must
inform us of your decision to withdraw by an unequivocal statement. You may
use the below model withdrawal form, but it is not required. You can send your
withdrawal notice to us by email or by mail to us using the contact information
provided in section 20 below. If you submit our electronic form, we will confirm
receipt on a durable medium (e.g., by email) without undue delay. To be
effective, you must send your notice of withdrawal before the 14-day deadline
expires. However, this right will be lost if you use the Services pursuant to your
subscription during the 14-day cancellation period unless the Services are
defective during that period. We will provide the refund to the payment method
originally charged for your subscription unless you agree otherwise.
Sample withdrawal form (If you want to withdraw from the contract, please fill out
this form and send it back).
o To:
o I hereby give notice that I withdrawal from the contract concluded by me
[for the sale of the following goods(*)/for the provision of the following
service(*)], [ordered on(*) / received on(*)].
o Name of consumer:
o Address of consumer:
o Signature of consumer (only if this form is notified on paper):
o Date: (*) Delete as applicable.
d. Future Functionality. Subject to the limitations mentioned in section 16, your
purchases are not contingent on the delivery of any current or future functionality,
content, or features.
6. Services and User Content Rights
a. Zoul Services Ownership. Subject to the limited license rights granted under
these Terms, Zoul and its licensors exclusively own all right, title, and interest in
and to the Services, including all text, graphics, images, audio, video, or other
materials made available via the Services, and all associated intellectual property
rights. You acknowledge that the Services are protected by intellectual property
rights and other laws of the U.S. and foreign countries. You will not remove, alter,
or obscure any copyright, trademark, service mark, or other proprietary rights
notices incorporated in or accompanying any part of the Services. You will not
reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the Services, except as
necessary for your permitted use of the Services.
b. Limited License Granted by Zoul. Subject to your compliance with these Terms,
Zoul grants you a limited, non-exclusive, non-transferable, non-sublicensable,
and revocable license to access and use the Services solely for your personal,
non-commercial purposes (unless Zoul has granted you written permission to do
otherwise, for example on a trial or test basis). Further, Zoul grants you a limited
non-exclusive, non-transferable, and non-sublicensable license to download and
install a copy of any mobile app we distribute through an App Store on a mobile
device that you own or control. Any use of the Services other than as specifically
authorized herein, without our prior written permission, is strictly prohibited, will
terminate the license granted herein, and will violate our intellectual property
rights. Subject to your mobile device configurations, you authorize us to
automatically install updates to any of our mobile apps following appropriate
notice of such updates.
c. User Content Ownership. Except for the license you grant below, Zoul does not
claim any ownership rights in any messages, images, text, or other content
posted through the Services by our users, including any content you post to
social media platforms that tags a Zoul account or that uses a hashtag
incorporating a Zoul trademark (collectively, “User Content”). Your User Content
may be protected by intellectual property rights. User Content does not include
any portion of the Services included in your User Content. Nothing in these
Terms will be deemed to restrict any mandatory rights that you may have to use
and exploit your User Content, as between you and Zoul.
d. License You Grant to Zoul. By making any User Content available to Zoul, you
hereby grant to Zoul a non-exclusive, transferable, sublicensable, worldwide,
royalty-free, license to use, store, publish, translate, reproduce, adapt, copy,
modify, create derivative works based upon, publicly display, publicly perform,
and distribute your User Content and any name, username, or likeness provided
in connection with your User Content in all media formats and channels now
known or later developed in connection with operating, marketing, and providing
the Services without compensation to you, and to the extent permitted by
applicable laws, you hereby waive all moral or special rights in this regard. This
license lasts for as long as your content is protected by intellectual property
rights. When you post or otherwise share User Content on or through the
Services, you understand that your User Content and any associated information
may be visible to others. You represent and warrant that your User Content, and
our use of such content as permitted by these Terms, will not violate any rights of
or cause injury to any person or entity.
7. Third-Party Content
The Services may contain information about, and links to, third-party products, services,
websites, resources, activities, or events, and we may allow third-parties to make their
content and information available on or through the Services (collectively, “Third-Party
Content”). We provide Third-Party Content only as a convenience and do not control or
endorse any Third-Party Content. To the extent permitted by applicable laws, you
acknowledge sole responsibility for, and assume all risk arising from, your access to
and use of such Third-Party Content. Your use of or access to any Third-Party Content
is solely a relationship between you and the applicable third party, and is subject to the
terms and conditions of, or your agreement with, such third party.
8. Complaints
Please contact admin@zoul.app to notify us of anything on the Services that infringes
other rights (like copyright, counterfeiting, insult, invasion of privacy) or if you believe
that User Content is otherwise illegal (e.g., promotes crimes against humanity, incites
racial hatred or violence, or concerns child pornography). When submitting a notice, you
must identify the date of notification; if you are a natural person: your full name,
profession, domicile, nationality, date and place of birth; the name and domicile of the
recipient or, in the case of a legal person, its name and registered office; the description
of the disputed content and its precise location (e.g., URL link to the disputed content);
the reasons why the content must be removed, including the legal provisions and
justifications of facts; a copy of the correspondence addressed to the author or
publisher of the disputed content requesting its interruption, removal or modification, or
justification that the author or publisher could not be contacted.
9. Prohibitions on User Content and Conduct
You are solely responsible for your User Content and conduct while using the Services,
and will not do any of the following:
a. Post, upload, create, publish, store, submit, transmit, or otherwise share any
User Content that: (i) is confidential and for which you do not have all necessary
rights to disclose or to grant us the license described above; (ii) may or does
infringe, misappropriate, or violate a third-party’s patent, copyright, trademark,
trade secret, moral rights, or other intellectual property rights, or rights of publicity
or privacy; (iii) violates, or encourages any conduct that would violate, these
Terms, the rights of any party, or otherwise create liability or violate any
applicable local, state, national, or international law or regulation or would give
rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive;
(v) impersonates or misrepresents your affiliation with, any person or entity or
contains or depicts any statements, remarks, or claims that do not reflect your
honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar,
offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or
inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment,
or harm against any individual or group; (viii) is violent or threatening or promotes
violence or actions that are threatening to any person or entity; (ix) promotes
illegal or harmful activities or substances; (x) contains any unsolicited or
unauthorized promotions, political campaigning, advertising, or solicitations; (xi)
contains any viruses, corrupted data, or other harmful, disruptive, or destructive
files or content; or (xii) in our reasonable judgment, is objectionable, restricts, or
inhibits any other person from using or enjoying the Services, or may expose
Zoul or others to any harm or liability of any type;
b. Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or
frame the Services, or any individual element within the Services, Zoul’s name,
any Zoul trademark, logo, or other proprietary information, or the layout and
design of any page or form contained on a page, without express written consent
from Zoul or its licensors;
c. Modify the Services, remove any proprietary rights notices, or markings, or
otherwise make any derivative works based upon the Services;
d. Use the Services other than for their intended purpose and in any manner not
permitted by these Terms, that violates these Terms or any applicable law,
regulation, contract, intellectual property right, or other third-party right, or that
could interfere with, disrupt, negatively affect, or inhibit other users from fully
enjoying the Services, or that could damage, disable, overburden, or impair the
functioning of the Services in any manner;
e. Develop or use any applications that interact with the Services without our prior
written consent;
f. Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise
circumvent any technological measure implemented by Zoul or any of Zoul’s
providers or any other third-party (including another user) to protect the Services;
g. Attempt to access or search the Services, scrape, or extract data or other content
from the Services, including through the use of any engine, software, tool, agent,
device, or mechanism (including spiders, robots, crawlers, data mining tools, or
the like) other than the software or search agents provided by Zoul or as
permitted by our robot.txt file;
h. Attempt to decipher, decompile, disassemble, or reverse engineer any of the
software used to provide the Services (except to the extent such prohibition is not
permitted under applicable law), or do anything that might discover source code;
i. Interfere with, or attempt to interfere with, the access of any user, host, or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Services;
j. Collect or store any personally identifiable information from the Services from
other users of the Services without their express permission;
k. Engage in any harassing, threatening, intimidating, predatory, or stalking
conduct;
l. Use or attempt to use another user’s account without authorization from that user
and Calm; or
m. Encourage or enable any other individual to do any of the foregoing.
If we reasonably believe any User Content is in breach of these Terms, we may remove
or refuse to display such content. Where possible, we will attempt to notify you of the
reason for our action in writing (email suffices) unless we reasonably believe that notice
would: (i) violate the law; (ii) pose a risk of liability for us or our affiliates; (iii) hinder an
investigation; (iv) pose a risk to the operation of the Services; or (v) harm any user or
other party. Our failure to enforce this section in some instances does not constitute a
waiver of our right to enforce it in other instances. We have the right to investigate
violations of these Terms or conduct that affects the Services. We may also consult and
cooperate with law enforcement authorities to prosecute users who violate the law. In
addition, this section does not create any private right of action on the part of any third-
party or any reasonable expectation that the Services will not contain any User Content
that is prohibited by such rules.
10. Trademarks
Zoul’s trademarks, including but not limited to Zoul, WHERE WELLNESS MEETS
LIBERATION and Zoul’s logos, product and service names, slogans, and the look and
feel of the Services may not be copied, imitated or used, in whole or in part, without
Zoul’s prior written permission. The absence of a trademark from this list does not
constitute a waiver of Zoul’s trademark or other intellectual property rights concerning
that trademark. All third-party trademarks mentioned on the Services are the property of
their respective owners. Reference to any products, services, processes, or other
information by trade name, trademark, manufacturer, supplier, or otherwise does not
constitute or imply endorsement, sponsorship, or recommendation by Zoul.
11. Termination or Suspension
We may suspend or terminate your access to the Services if you materially or
repeatedly breach these Terms, we are required to do so by law or court order, or we
reasonably believe your conduct creates possible liability or risk of harm to us or any
other party that we could not reasonably avoid without such suspension or termination.
We may also suspend your account for a period of up to 90 days while we investigate if
any of these conditions are present. We will provide you with written notice (email
suffices) upon any suspension or termination, unless prevented from doing so by law.
During any such suspension or termination, we will not continue to charge you for the
Services.
Please note that we may terminate your Zoul subscription if your Zoul subscription was
obtained through a third-party promotion and you no longer meet the eligibility
requirements for that offer. We will provide you with written notice (email suffices) upon
any such cancellation.
You may cancel your account at any time by sending an email to us
at admin@zoul.app, although you will still have to cancel any active subscriptions as
stated in section 4(c).
Upon any termination, discontinuation, or cancellation of the Services or your account,
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.
12. Warranty and Disclaimers
We provide the Services using reasonable skill and care. If we don’t meet the quality
level described in this warranty, you agree to tell us and we’ll work with you to try to
resolve the issue. The foregoing does not affect any liability that cannot be excluded or
limited under applicable law. Consumer laws in your jurisdiction provide you with a legal
guarantee covering many of the Services we provide to you. Under this guarantee,
we’re responsible for any defect you discover in the Services. If you want to make a
claim regarding a defect in the Services, please contact us at admin@zoul.app. The
only commitments we make about the Services (including features, reliability, availability
or suitability for you) are as described in this section or under the relevant laws in the
jurisdiction where you reside.
13. Medical Disclaimers
a. the Services are provided for informational purposes only and are not intended,
designed, or implied to diagnose, prevent, or treat any condition or disease, or to
be a substitute for professional medical care;
b. Zoul is not a licensed medical care provider and does not engage in, and has no
expertise in, diagnosing, examining, or treating medical conditions of any kind, or
in prescribing treatments or determining the effect of any specific treatment on a
medical condition;
c. Zoul does not provide emergency services and is not obligated to contact you or
anyone on your behalf with respect to your medical condition or treatment;
d. Zoul is not responsible for the accuracy, reliability, effectiveness, or correct use
of any of the Services;
e. You should always consult a medical professional if you have any questions
regarding a medical condition; and
f. You should never disregard professional medical advice or delay in seeking it
because of something you have read or received using the Services.
Not all activities described as part of the Services are suitable for everyone. Do not use
the Services while driving, operating heavy machinery, or performing other tasks that
require attention and concentration.
14. Liability
We will not be responsible (under these Terms or for negligence) for losses that were
caused by your breach of these Terms or which were beyond our control and which we
could not avoid through reasonable actions. If we fail to comply with these Terms, we
will only be responsible for loss or damage you suffer that is a foreseeable result of our
breaking these Terms. Loss or damage is foreseeable if either it is obvious that it will
happen or if, at the time you accepted these Terms, both we and you knew it might
happen.
Nothing in these Terms is intended to exclude or limit Zoul’s liability for death, personal
injury or fraudulent misrepresentation caused by our negligence or willful misconduct, or
any other liability to the extent that such liability may not be excluded or limited as a
matter of law.
15. Governing Law and Venue
These Terms and your relationship with Zoul under these Terms are governed by the
laws of your country of residence, and you can file legal disputes in your local courts. If
you are an EEA-based consumer, the European Commission also offers an Online
Dispute Resolution platform, which we accept if required by law.
16. Modifying and Terminating the Services
We may modify or discontinue the Services from time to time when we have a valid
reason, such as to prevent abuse or harm, address compliance, safety or security
issues, offer new features or content, respond to material changes in how the Services
are being used, or address other legal requirements. We will only stop offering a service
or make a change that has a significant negative impact on your ability to use existing
Services after considering the reasonableness of the change, our users’ expectations
and the potential impact upon you and others. In most cases, we’ll provide you with
reasonable advance notice before making that type of change along with notice of your
right to terminate use of the Services. However, we may make changes without that
notice to address more urgent situations, such as to help prevent abuse or harm, safety
or security reasons, or to comply with legal requirements.
17. Changes to Terms
We may make changes to these Terms from time to time, for reasons including but not
limited to legal or regulatory compliance, security, to reflect changes in the Services or
how we do business, or to help prevent harm to us or others. We will provide
reasonable advance notice of any material changes except for updates that address
new Service features or in urgent situations, such as for compliance or safety reasons.
For notices made by e-mail, the date of receipt will be deemed the date on which such
notice is transmitted.
Disputes arising under these Terms will be resolved in accordance with the version of
these Terms in place at the time the dispute arose. Unless we indicate otherwise in our
notice, your use of the Services following any changes to these Terms will constitute
your acceptance of such changes. If you do not agree to the updated Terms, you should
terminate your account and stop using the Services.
18. Other Terms
a. These Terms and all additional terms incorporated herein constitute the entire
and exclusive understanding and agreement between Zoul and you regarding the
Services, and these Terms supersede and replace any and all prior oral or
written understandings or agreements between Zoul and you regarding the
Services.
b. If any provision or part of a provision of these Terms is held unlawful, invalid, or
unenforceable, that provision or part of the provision will be enforced to the
maximum extent permissible and is deemed severable from these Terms, and
the other provisions of these Terms will remain in full force and effect.
c. These Terms and all additional terms and related documents, including notices
and other communications are in the English language. Any translations provided
are for your convenience only.
d. You may not assign or transfer any of your rights or obligations under these
Terms, by operation of law or otherwise, without Zoul’s prior written consent. Any
attempt by you to assign or transfer your rights or obligations under these Terms,
without such consent, will be null and of no effect. We may freely assign or
transfer our rights and obligations under these Terms without restriction. Subject
to the foregoing, these Terms will bind and inure to the benefit of the parties, their
successors, and permitted assigns.
e. Zoul’s failure to enforce any right or provision of these Terms will not be
considered a waiver of such right or provision. The waiver of any such right or
provision will be effective only if in writing and signed by a duly authorized
representative of Zoul. Except as expressly set forth in these Terms, the exercise
by either party of any of its remedies under these Terms will be without prejudice
to its other remedies under these Terms or otherwise.
f. The section titles in these Terms are for convenience only and have no legal or
contractual effect. Except as otherwise provided herein, these Terms are
intended solely for the benefit of the parties and are not intended to confer third-
party beneficiary rights upon any other person or entity. You agree that
communications and transactions between us may be conducted electronically.
19. Feedback
Zoul does not accept nor consider unsolicited creative ideas, materials, or pitches of
any kind. If you provide ideas, suggestions, or other feedback about Zoul or the
Services, that feedback is not confidential and may be used by us without restriction
and without payment to you. Zoul does not waive any rights to use similar or related
ideas previously known to Zoul, developed by its employees, or obtained from other
sources.
20. Contact Information
If you have questions about these Terms or the Services, please contact Zoul by email
at admin@zoul.app or write to us at 71-75 Shelton Street, Covent Garden, London,
United Kingdom, WC2H 9JQ.
21. iOS Minimum Terms for Custom EULA
The following provisions apply if you are accessing or using our mobile app on an Apple
Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a
custom EULA for any Zoul mobile app for purposes of Apple’s agreements and you
acknowledge that Apple’s standard EULA will not apply.
a. Acknowledgement. The Terms are concluded between Zoul and you only, and
not with Apple, and, as between Apple and us, we are solely responsible for our
app and the content thereof.
b. Scope of License. The license granted to you for our app under section 6 of the
Terms is limited to a non-transferable license to use our app on any Apple-
branded products that you own or control and as permitted by our Apple Usage
Rules set forth in the app Store Terms of Service.
c. Maintenance We are not obligated to provide any support or maintenance
services for our app except as required by law. Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to our
app.
d. Warranty. We are solely responsible for any warranties, whether express or
implied by law to the effect not effectively disclaimed under section 12 of the
Terms. In the event of any failure of our app to conform to any applicable
warranty not effectively disclaimed under section 12, you may notify Apple, and
Apple will refund the purchase price (if any) for our app; and you agree that, to
the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to our app, and any other claims,
losses, liabilities, damages, costs, or expenses attributable to any failure to
conform to any warranty will be our sole responsibility.
e. Liability. Subject to section 14 of the Terms, we, and not Apple, are responsible
for addressing any claims of yours or any third-party relating to our app or your
possession and/or use of that app, including: (i) product liability claims; (ii) any
claim that our app fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
legislation.
f. IP Claims. Subject to section 14 of the Terms, in the event of any third-party
claim that our app or your possession and use of our app infringes any third-
party’s intellectual property rights, we, and not Apple, will be solely responsible
for the investigation, defense, settlement, and discharge of any such intellectual
property infringement claim.
g. Legal Compliance. You represent and warrant that you (i) are not located in a
country that is subject to a U.K. Government embargo, or that has been
designated by the U.K. Government as a “terrorist supporting” country; and (ii)
are not listed on any U.K. Government list of prohibited or restricted parties.
h. Name and Address. If you have any questions, complaints, or claims with respect
to our app, they should be directed to us as specified in section 20.
i. Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries
of these Terms and 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.
