Subscriber Agreement for magicJack Connect™ provided by magicJack VocalTec Ltd. and YMax Communications Corporation
The magicJack Connect™ App (the "Connect App") and renewal server access are brought to you by magicJack VocalTec Ltd., a Limited Company organized in the State of Israel ("VocalTec"). The communication services available through the Connect App, including domestic and international services, are brought to you by YMAX Communications Corporation, a corporation organized under the laws of Delaware ("YMax"). Before you begin using the Connect App or the Services, you must read and agree to this Subscriber Agreement (referred to collectively with any future amendments hereto as the "Agreement"). For your convenience, we have written this Agreement in plain English. However, you agree that the terms should be interpreted broadly to protect the intention of the Agreement.
As used in this Agreement, the following terms have the following meanings:
"Basic Services" means app-to-app calling, messaging and sharing of photos and videos. Basic Services are only available between smartphones and/or tablets using the Connect App for such services and are included with each download of the Connect App. Basic Features will continue to function following the purchase of any Premium Services.
"Company", "Companies" or "we" or "us" or "our" means YMax and/or VocalTec as the context requires. Each such entity provides a unique product and/or service under this Agreement and each such entity shall (a) only be liable for any obligations arising from this Agreement with respect to the product or service offered by such entity, and (b) only be entitled to any rights arising from this Agreement with respect to the product or service provided by such entity. Referring to these entities collectively is for ease of reference only and is not intended to imply that there is a lack of independence among them nor that any such entity is liable for the obligations of the other or that any party has the power to bind any other party or acts as the agent for the other. This Agreement creates a separate agreement between you and each of YMax and VocalTec.
"Connect App" means the application sold and marketed as magicJack Connect™ offered for download to smart phones and tablets by VocalTec to provide the Services over the internet.
"Documentation" means our technical materials provided to you, if any, in hard copy or electronic form describing the use and operation of the Services.
"In Country Inbound" means your purchase of the right to use a Connect App number from a Plan Country that will allow you to receive incoming calls as "local calls" from that country. Outbound calling (calling from your Connect App to the Plan Country) will not be supported on an In Country Inbound Service plan.
"In Country Outbound" means your purchase of the right to make unlimited outbound calls (calls from your Connect App) to numbers in a Plan Country, subject to the limitations described in this Agreement. Inbound (calls into your Connect App) will not be supported on an In Country Outbound Service plan. Outbound calls (calls from your Connect App) to countries other than your Plan Country, including calls to the U.S., will require purchase of International Prepaid Services.
"In Country Unlimited Services" means your purchase of the right to use a Connect App Number from a Plan Country for unlimited inbound and outbound calling to numbers in that country, subject to the limitations described in this Agreement. Outbound calls (calls from your Connect App) to countries other than your Plan Country, including calls to the U.S., will require purchase of International Prepaid Services.
"IPP Services" means international prepaid calling plans purchased through the Connect App allowing you to call most international countries at the applicable rate per minute.
"Plan Country" means the international country you choose for one or more of the international Premium Services offered.
"Premium Services" means one or more of the paid services purchased through the Connect App including In Country Inbound, In Country Outbound, In Country Unlimited, IPP Services, and/or U.S. Communication Services. You may purchase multiple Premium Services through your Connect App.
"Service(s)" means the services furnished through the use of the Connect App including Basic Services and Premium Services.
"Updates" as defined in Section 17 of this Agreement.
"U.S. Communication Services" means the purchase of the right to use a U.S. phone number for unlimited inbound and/or outbound calling (as selected by you) to U.S. mobile phone numbers, subject to the limitations set forth in this Agreement.
"VocalTec" as defined in the first paragraph of this Agreement.
"YMax" as defined in the first paragraph of this Agreement.
"you", "your" or similar phrases refers to the customer purchasing, using and/or downloading the Connect App and Services and agreeing to the terms of this Agreement.
Although we may choose to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version, which you can always find at http://www.mjconnect.com/eula. We may, in our sole discretion, modify or revise this Agreement at any time and, by your continued use of the Services, you agree to be bound by those modifications or revisions. Unless explicitly stated otherwise by the Company, your use of any new features that may augment or enhance the Connect App or the Services will also be subject to this Agreement.
This Agreement sets forth the terms of the agreements between you and each of YMax and VocalTec as the case may be. Nothing in this Agreement will be deemed to confer any rights upon or benefits to anyone else.
1. Description of how the Services work. The Connect App enables your use of the Services as described in this Agreement. To enable your use of the Services you must download the Connect App to a compatible smart phone or tablet. You may download the Connect App from the iTunes App Store and the Google Play store. Compatibility of your smart phone or tablet will be confirmed upon download. Bear in mind that your use of the Services is dependent on the compatibility of your smart phone or tablet and your periodic download of Updates. The Services will not work on an incompatible smart phone or tablet or if Updates are not downloaded on a timely basis. We cannot guarantee that the Services will always function without disruptions, delay or other imperfections. There may be power outages or internet service disruptions and you may experience other disruptions unrelated to the Services, which will interfere with the quality of your Service. You are responsible for obtaining or accessing third party products and services required to use the Services (such as a compatible smart phone or tablet and high speed internet access) and for paying any fees for such third party products and services.
2.Internet Communications Feature
a. Incoming Calls. When you select Premium Services (other than In Country Outbound and IPP Services), as part of the available features, you may elect to choose a unique phone number to receive incoming calls. The fee for the Premium Service chosen will be disclosed to you prior to you agreeing to a unique phone number. YMax is the provider of your phone number and/or inbound calls. The phone number chosen by you will be allocated to you provided the Company determines that the number is available and legally permissible. If you are eligible for a phone number, it will be allocated to you as soon as reasonably possible after the Company has received your request. The Company does not guarantee that a requested phone number can be allocated to you. The allocation of a phone number to you does not constitute any transfer of title, ownership, license or other rights with regard to the phone number. If you transfer or port out your phone number to another service provider, your Service is terminated and you relinquish all claims for a refund of your initial licensing period as well as any renewal licensing purchased. The Company may, without any liability, refuse, change or terminate any phone number at any time. If the Company changes the phone number that has been allocated to you, the Company will notify you, stating the effective date of the change and your new phone number. If you do not wish to accept this new phone number, you are entitled to cancel this Agreement; however, you will not be eligible for any refund. We will not be liable for any damages resulting from the change of the phone number.
b. Outgoing Calls. Upon purchase of Premium Services (other than In Country Inbound Services), you may elect to choose the feature allowing you to make outgoing calls.
i. U.S. Communication Services. With U.S. Communication Services, you can make unlimited calls to other Connect App users located anywhere in the world, and to traditional telephone networks or wireless networks in the United States (other than Alaska) and Canada (other than Yukon and the Northwest Territories). International calls and calls to Alaska, and the Yukon and Northwest Territories of Canada will require purchase of IPP Services. VocalTec allows outbound calling capability which in turn may use YMax as the provider of outbound calling services. Some restrictions in cost prohibitive areas may apply and you will not have the ability to call any number that would require the addition of any charges to your phone bill, such as 900 or 976 numbers or any other "fee per call" type service. Calls of long duration may be terminated to make sure the integrity of the network is kept intact, which would prevent abandoned calls. Excessive use restrictions will also apply as described in Section 6.
ii. In Country Outbound Services. With In Country Outbound Services, you can make unlimited calls to other Connect App users located anywhere in the world, and to traditional telephone networks or wireless networks in your Plan Country. Calls to countries other than your Plan Country, including the U.S., will require purchase of IPP Services. VocalTec allows outbound calling capability which in turn may use YMax as the provider of outbound calling services. Within your Plan Country, some restrictions in cost prohibitive areas may apply and you will not have the ability to call any number that would require the addition of any charges to your phone bill or any other "fee per call" type service. Calls of long duration may be terminated to make sure the integrity of the network is kept intact, which would prevent abandoned calls. Excessive use restrictions will also apply as described in Section 6.
iii. In Country Unlimited Services. With In Country Unlimited Services, you can make unlimited calls to other Connect App users located anywhere in the world, and to traditional telephone networks or wireless networks in Your Plan Country. Calls to countries other than your Plan Country, including the U.S., will require purchase of IPP Services. VocalTec allows outbound calling capability which in turn may use YMax as the provider of outbound calling services. Within your Plan Country, some restrictions in cost prohibitive areas may apply and you will not have the ability to call any number that would require the addition of any charges to your phone bill or any other "fee per call" type service. Calls of long duration may be terminated to make sure the integrity of the network is kept intact, which would prevent abandoned calls. Excessive use restrictions will also apply as described in Section 6.
3. Conference Lines and Other Fee per Call Services. Premium Service unlimited outgoing calls do not include many calling card, platform, conference or chat lines. We may require purchase of IPP Services for calls to conference lines, platforms and certain other high cost calls, or any call wherein we incur a cost from another carrier.
4. Emergency calls. The Connect App does not provide any emergency calling or texting capability. The Connect App does NOT support any emergency calls or texts to 911. The Connect App is not a traditional telephone service or a replacement for your primary telephone service. There are important differences between traditional telephone services and the Connect App Service. You need to make additional arrangements in order to call or text 911. It is your responsibility to use the wireless 911 feature of your smart phone or purchase, elsewhere, traditional wireless or fixed line telephone services that offer access to 911. It is Your responsibility to inform all users that may use the Connect App that you have downloaded, that it is not possible to support or carry 911 calls or texts using the Connect App, and that they may access emergency services via the additional arrangements that You have made available.
5. Proper Use. You agree that you are responsible for your own communications and for any consequences that arise from them. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations and you may have to pay certain taxes or fees or surcharges including, without limitation, regulatory fees. Among other things you will not, and will not authorize or encourage any third party to: (a) prevent others from using their Service, (b) use the Service for any fraudulent or inappropriate purpose, (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Connect App or Services, including those of any of our business associates, from whom we may have licensed certain components used in the Services, (d) collect or harvest any personally identifiable information, including phone number, from the Service, or to use the communication systems provided by the Service for any commercial solicitation or spam purposes and/or (e) spam, or solicit for commercial purposes, any users of the Service. Violation of any of these obligations may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but will have no obligation, to investigate your use of the Services in order (x) to determine whether a violation of the Agreement has occurred or (y) to comply with any applicable law, regulation, legal process or governmental request. We may monitor your use of the Service for violations of this Agreement. We may terminate your use of the Connect App and/or Service immediately if we suspect a violation of this Agreement, or if we think it necessary in order to protect other customers or our respective, parents, affiliates, directors, officers, agents, and employees from harm. If we become aware of unreasonably excessive use by you, including but not limited to, usage that is extraordinarily greater than the average customer usage in your Plan Country, or calling more than 50 different telephone numbers per day, or forwarding calls from your Connect App for longer than a two week consecutive period, or systematic or intentional misuse, we reserve the right, in our sole discretion, to terminate your use of the Service immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us. We reserve the right to reclaim any telephone number that does not make a call for 90 consecutive days. In the event that we reclaim a phone number and your Service under this Agreement is still active, you may choose another phone number.
You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers", including without limitation, wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Company's servers in a given period of time than a human can reasonably produce in the same period by using the Service, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. While we do not disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do not permit any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Company subscribers. We do not permit the use of request modification tools, including without limitation, fiddler or whisker, or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.
6. No Resale. Unless expressly authorized in writing by the Company, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes any portion of the Connect App or the Services.
7. Subscription. Subject to the terms and conditions of this Agreement, the Company grants you a personal, non-transferable, non-assignable, revocable and non-exclusive right to use the Connect App and the Services on your smartphone or tablet for the relevant subscription period; provided that you do not (and do not allow anyone else to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise use the Connect App or the Services except as specifically provided in this Agreement. The initial term of your subscription for the Services following download and/or purchase will be communicated to you upon download of the Service option chosen or purchased. Services may be renewed through the Connect App in the iTunes App Store or the Google Play store. The Connect App Basic Services are a free download and have no term. Connect App Basic Services may be terminated by us at any time without notice. The Connect App Premium Service will have the Service term communicated to you upon purchase. If you do not renew your Service subscription, we may immediately revoke the applicable phone number, at our sole discretion, and your Premium Service plan may be deemed obsolete or non-renewable upon the expiration of your subscription. You agree not to modify the Connect App in any manner or form, or to use modified versions of the Connect App, including for the purpose of obtaining unauthorized access to any other Connect App subscriber or the Services. We expressly reserve all rights in the Connect App, the Services, the Documentation, and all other materials provided by us hereunder not specifically granted you. You agree that all right, title and interest in the Connect App, the Services, the Documentation and all other materials provided by us hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with us (or third party suppliers, if applicable) and that the Connect App, the Services, the Documentation and all other materials provided by us and not sold to you hereunder are provided to you on a subscription basis only for the term of your subscription.
8. Payment. Use of the Connect App and related Services may be free for a period of time. Your purchase of Premium Services gives you the right to use the Services for term of the plan purchased. To continue using a Premium Services after the end of the initial Service term, you must renew your Service subscription for additional terms at the then applicable Service subscription renewal fee. Failure to renew your Service subscription after the end of the initial term or any renewal term and/or notification of a dispute for prior charges, may result in immediate termination of your Service subscription and access to any Service feature, subject to the Company's sole discretion. Basic Services are a free download and have no term. Basic Services may be terminated by us at any time without notice. If your right to use the Services is terminated for breach of this Agreement, you may not be able to use the Service features and your right to use any phone number allocated to you will be canceled. Messaging records, photos, videos, text messages and voicemails stored on the Company's servers, if any, will be deleted within a reasonable time following expiration or termination of a Connect App Service account. If you renew after expiration of your most recent Service term, your new Service term will begin on date of registration and you may not have access to any phone number you had previously. For your convenience, we use an auto-renewal program. To the extent permitted by the laws of your state, the form of payment you have on file will be automatically charged for the prevailing renewal fee. We may receive and/or request automatic updates of your account information from the financial institution that issued your form of payment on file in order to keep your payment information current. To cancel Service or auto-renewal, simply turn off auto-renew in your iTunes or Google Play account settings at least 24 hours before your current month or year of service ends. Monthly plans will not auto-renew and you will need to purchase plans monthly as needed. You agree to be responsible for any applicable taxes, regulatory fees, or administrative charges, now in force or enacted in the future in connection with the subscription and your use of the Services. Services that are purchased by the minute (such as IPP Services) will expire six months after the date of purchase.
10. Indemnification. You agree to hold harmless and indemnify us and our respective subsidiaries, affiliates, officers, agents, employees, partners and licensors, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating in any way to, your use of the Connect App or Services (including but not limited to the cancellation, absence, failure or outage of the Connect App or Services, including specifically any claims arising out of the failure to complete emergency service calls).
11. Modification. We reserve the right to modify the Connect App or the Services, temporarily or permanently, with or without notice or liability to you.
12. Termination. You agree that one or each of YMax and/or VocalTec, in their respective discretion, may immediately suspend and/or terminate this Agreement and your subscription to use the portion of the Connect App or Services provided by the terminating party, without any refund, (a) if requested by law enforcement or other government agencies, (b) as a result of unexpected technical or security issues or problems, (c) if we reasonably suspect that you are using the Services in a fraudulent manner, (d) if your use of the Connect App or Services violates any laws, regulations, or rules, or otherwise disrupts use of the Connect App or Services by others, (e) as a result of nonpayment of any fees, including subscription renewal fees, owed by you in connection with your use of the Connect App or Services, (f) as a result of changes in any rules or regulations that affect our ability to provide the Services or any relevant portion thereof, or (g) your breach or violation of any of your obligations under this Agreement or incorporated agreements or guidelines. Termination of your subscription includes cancellation of your ability to use the Connect App and Services, without refund and deletion of all related account information associated with or inside your account. Further, you agree that any termination of this Agreement under this Section 12 will be made in the Company's sole discretion and that neither the Company nor any of its agents or affiliates will be liable to you or anybody else for termination of your subscription or this Agreement in accordance with this Section 12. We will offer vanity and Connect App numbers for a monthly or annual fee. These numbers are non-transferable. If a phone number associated with your Service is transferred, the Services associated with that number will be terminated. You may terminate your use of the Services at any time. Remaining balances will not be refunded. All provisions of this Agreement that must survive in order to give effect to their meaning will survive any expiration or termination of this Agreement, including without limitation, all of your representations, warranties and indemnification obligations.
13. Intellectual Property Rights. You acknowledge and agree that the Connect App and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in the Connect App and Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Connect App or Services, in whole or in part.
14.No Warranties. EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE CONNECT APP OR SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. The Connect App and Services are provided "as is", without any warranties of any kind, whether expressed or implied, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose.
15. Limitation of Liability. We can only be held liable for direct damages resulting from failure to perform our respective obligations under this Agreement. In this respect, direct damages means the amount you actually paid for the Connect App and/or Services during the year in which such damages occur. To the maximum extent permitted by applicable law, we will not be liable for any indirect, special, incidental or consequential damages whatsoever including, but not limited to, damages for loss of profits or loss or disclosure of confidential or other information, for business interruption, for loss of privacy, or divulgence of sensitive and confidential information or any such damage arising out of or in any way related to the use of or inability to use the Connect App and/or Services, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow some of the exclusions or limitations as established above, so they may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
16. Export/Import. You agree to comply with all export and import laws and restrictions and regulations of the United States and foreign countries, and not to export, re-export or import the Connect App or Services or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. Neither the Connect App or Services, nor their respective underlying information or technology may be downloaded or otherwise exported or re-exported (i) to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to U.S. trade sanctions applicable to the Connect App or Services, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the United States Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the United States Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List. You acknowledge that the Connect App and Services contain encryption technology, the export of which is restricted by the United States and certain foreign laws. By downloading the Connect App or using the Services you agree to this section and represent and warrant that you comply with these conditions.
17. Automatic Updates. The Connect App and/or Services may communicate with our servers to check for available updates to the Connect App or Services, including bug fixes, patches, missing plug-ins and new versions (collectively, "Updates"), however we have no obligation to provide you with such Updates and we do so solely at our option. To ensure that you have the most recent Updates for the Connect App and Services you should accept and download Updates provide through the iTunes App or Google Play stores. We will have no liability for your inability to use certain features of the Connect App or Services or reduced Connect App or Service performance associated with your failure to install available Updates. By installing the Connect App and/or using the Services, you hereby agree to allow us the option to automatically provide Updates from our and/or our partners' servers.
18. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to us to use the Connect App and Services is correct and current; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and (c) you are at least 18-years-old.
20. Assignment. You agree that you may not assign this Agreement to any third party and that we may assign this Agreement, without your consent, to any person including, without limitation, (i) to any person that controls, is controlled by, or is under common control with us, or (ii) pursuant to a transfer of all or substantially all of our business or assets, whether by merger, sale of assets, sale of stock, or otherwise. Any assignment in violation of this section shall be void.
21. Governing Law. The Company and you agree that this Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Florida, without reference to its conflicts of laws principles.
22. Waiver and Severability of Terms. Even if we do not exercise or enforce any or all of our respective rights or any provision of this Agreement it does not mean that we waive the right or provision, and we may still enforce those rights and provisions later. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
23. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or this Agreement must be filed within ninety days after such claim or cause of action arose or be forever barred.
24. Mandatory Binding Arbitration; Forum. The Company and you agree to arbitrate all disputes and claims between us. You agree that, by entering into this Agreement, you and the Company are each waiving the right to a trial by jury or to participate in a class action. The arbitration shall be administered in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association, as modified by this Agreement. Any matter to be settled by arbitration shall be submitted to the American Arbitration Association in Palm Beach, Florida, and you consent to binding arbitration in Palm Beach, Florida. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The individual party may recover damages and attorneys' fees, if authorized by the law governing SUCH PARTY'S claim, to the same extent the individual party would be entitled to recover in court. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties to the arbitration agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. This agreement to arbitrate is intended to be broadly interpreted and shall survive termination of this Agreement.
25. iOS/Connect App Specific Provisions. The following provisions apply to Connect App Services downloaded from the Iphone App Store:
a. You acknowledge that this Agreement is between you and the Companies and not with Apple, Inc. or any of its affiliates (collectively, "Apple") and that the Companies, and not Apple. are solely responsible for the Connect App and the Service.
b. The license granted to you hereunder for use of the Connect App and Service is limited to a personal, non-transferable, non-assignable, revocable and non-exclusive right to use the Connect App and the Service on any compatible iPhone, iPod touch or iPad owned or controlled by you for the relevant subscription period and subject to the terms and conditions set forth in this Agreement.
c. The Companies, and not Apple, are solely responsible for providing maintenance and support services with respect to the Connect App and the Service. You acknowledge and agree that Apple has no obligation whatsoever to provide any such maintenance and/or support.
d. The Companies, and not Apple, are solely responsible for the breach of any warranties specifically set forth in this Agreement. If the Connect App or Service fails to conform with any such warranties, you may notify Apple of such non-conformity and Apple will refund the purchase price paid by you for the Connect App or Service and, to the maximum extent permissible by law, Apple shall have no other liability to you arising from such non-conformity, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be your sole responsibility.
e. You acknowledge that Apple is not responsible for any claims you may have relating to the Connect App or Service, including without limitation, (i) product liability claims, (ii) any claim that the Connect App or Service fails to conform to any applicable legal or regulatory requirement, or (iii) any claims arising under consumer protection or similar legislation.
f. You acknowledge and agree that, in the event of any third party claim that the Connect App or Service, or your use and possession of the same, infringes a third-party's intellectual property rights, the Companies, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
g. You acknowledge and agree that Apple is a third party beneficiary of this Agreement and, upon acceptance by you of this Agreement, Apple will have the right (and is deemed to have accepted such right) to enforce this Agreement against you as a third party beneficiary hereof.