End-User License Agreement
Please read these Terms of Service ("Terms", "Agreement") carefully before downloading or using SuperTuner ("the Application"), published by Riley Bray Inc ("Company", "we", "us", "our"). By downloading or using the Application, you agree to be bound by these Terms. If you do not agree to these Terms, do not download or use the Application.
This Agreement is entered into between you ("End-User") and Riley Bray Inc only, and not with Apple Inc. Riley Bray Inc, not Apple, is solely responsible for the Application and its content. This Agreement may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.
Riley Bray Inc grants you a limited, non-exclusive, non-transferable license to download, install, and use the Application on any Apple-branded device that you own or control, and as permitted by the App Store Terms of Service. You may not distribute or make the Application available over a network where it could be used by multiple devices simultaneously. You may not transfer, redistribute, or sublicense the Application. If you sell or transfer your Apple device to a third party, you must remove the Application from the device before doing so.
The Application is licensed to you, not sold. Riley Bray Inc retains all rights not expressly granted in this Agreement.
You agree not to:
— Copy, modify, or create derivative works of the Application or any part thereof.
— Reverse engineer, disassemble, decompile, or attempt to derive the source code of the Application.
— Remove, alter, or obscure any proprietary notices (including copyright notices) on the Application.
— Use the Application for any unlawful purpose or in violation of any applicable laws or regulations.
— Sell, resell, sublicense, or otherwise transfer the Application or any rights therein to any third party.
— Use the Application in any manner that could damage, disable, overburden, or impair the Application.
Riley Bray Inc is solely responsible for providing maintenance and support services for the Application, as described in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
Riley Bray Inc will make commercially reasonable efforts to maintain and update the Application. Regular updates and bug fixes are provided at no additional cost. Major version upgrades may be offered at a discounted price to existing users.
Riley Bray Inc warrants that the Application will perform substantially as described in its documentation under normal use and conditions. In the event that the Application fails to conform to this warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
To the maximum extent permitted by applicable law, the Application is provided "as is" and "as available," without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Riley Bray Inc, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
The Application, including all content, features, and functionality, is owned by Riley Bray Inc and is protected by copyright, trademark, and other intellectual property laws. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Riley Bray Inc, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
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.
The Application does not use third-party analytics, advertising, or tracking services. The Application processes audio input locally on your device. No audio data is transmitted to external servers. If the Application links to third-party websites or services, Riley Bray Inc is not responsible for the content or privacy practices of those third parties.
To the maximum extent permitted by applicable law, Riley Bray Inc shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the Application.
In no event shall Riley Bray Inc's total liability to you for all claims exceed the amount paid by you for the Application during the twelve (12) months immediately preceding the claim.
This Agreement is effective until terminated by you or Riley Bray Inc. Your rights under this Agreement will terminate automatically and without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and delete all copies from your devices.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
Riley Bray Inc reserves the right to update these Terms at any time. We will notify you of material changes by updating the date at the top of this page. Your continued use of the Application after any changes constitutes your acceptance of the updated Terms.
Get in touch
For questions about these Terms or the Application, contact Riley Bray Inc at:
Riley Bray Inc
Los Angeles, California
rileybrayinc.com
peacedrone.com
legal@rileybrayinc.com