End User License Agreement



Last updated: 21 August 2024

Introduction
The Crouton App (“App”) is made available through the App Store through a license (“License”), and it is not sold to you. Your License is subject to this Custom End User License Agreement (“Custom EULA”) between you and the provider of the App, being Creative Interactions Limited (“we", “us”, "our"). This Custom EULA forms a legal agreement between you and the us. This Custom EULA does not apply to Apple, and we are solely responsible for the App. Apple has the right to enforce this Custom EULA against you as a third-party beneficiary relating to your use of the App.

This Custom EULA does not provide usage rules for apps that are in conflict with the Apple Media Services Terms and Conditions as of 21 August 2024. By downloading, accessing and using the App, both we and you acknowledge that you have had the opportunity to review the Apple Media Services Terms and Conditions found here.

1. Acceptance of the terms
1.1. By downloading, accessing, and/or using the App, you agree to be bound by this Custom EULA. The Custom EULA takes effect from the date that you download the App. If you do not accept this Custom EULA, then you must not access or use the App.

1.2. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes on our website or in the App. Your continued use of, or access to, the App following the posting of any changes constitutes acceptance of the updated terms. If you do not agree to any updated terms, you must cease using the App.

2. Scope of the License
2.1 We grant you a non-transferable and non-exclusive license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

2.2 The terms of this Custom EULA will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by us that replace or supplement the original App (unless such an upgrade is accompanied by its own EULA).

3. Consent to use of data and personal information
3.1 We are committed to protecting your privacy. By downloading, accessing, and/or using the App, you acknowledge the collection, use, storage and disclosure of your personal information, as outlined in the App’s Privacy Policy located here.

3.2 We may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. We may use this information (in a form that does not personally identify you) to improve the App, our products or to provide services or technologies to you.

4. Use of the App
4.1 When using the App, you must:

  • 4.1.1 do so for personal, non-commercial purposes only;
  • 4.1.2 do so for a lawful purpose only;
  • 4.1.3 follow any reasonable directions given by us;
  • 4.1.4 not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any aspect of the App;
  • 4.1.5 not disable, avoid, or circumvent any security or access restrictions of the App;
  • 4.1.6 do so in accordance with applicable third-party terms of agreement; and
  • 4.1.7 not submit, upload or add User Content or Third Party Content that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches any agreements you have with others.


5. User Content
5.1 The App may also allow you to submit, upload, store, share, post, link, or make available certain information (“User Content”).

5.2 You are solely responsible for the User Content that you submit, upload, store or add to the App (or share, post, or link via the App) and we take no responsibility and assume no liability for User Content.

5.3 By providing User Content in any way:
  • 5.3.1 you represent that the User Content is yours, or you have the right to use it, and that the User Content complies with these terms; and
  • 5.3.2 you grant us the right and license to use, modify, perform, display, reproduce and distribute such User Content on the App


5.4 We have the sole discretion to remove User Content from the App that we deem violates the provisions of this Custom EULA, or for any other reason, to the extent that we have access to such User Content. We do not guarantee to you that you will have any recourse to edit, delete, or recover any User Content that you have submitted, uploaded, stored or added to the App. We have no liability to you for any User Content submitted by other users of the App, that may be made available to you.

6. Third Party Content
6.1 Through your use of the App, it may display, include or allow you to access third-party content, or provide links to third-party websites (“Third Party Content”). Third Party Content is not under our control and is solely made available for general information purposes.

6.2 We do not endorse the contents of Third Party Content, and do not check its accuracy, completeness and reliability. We do not have any liability or responsibility to you or to any third-party in relation to Third Party Content, and your access to and reliance on Third Party Content is at your own risk and subject to any third parties’ terms and conditions.

7. Warranty
7.1 We disclaim all warranties in relation to the App to the maximum extent permitted by applicable law. To the extent that any warranty exists under such law that cannot be disclaimed, we (and not Apple) shall be solely responsible for any warranty.

7.2 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.

8. Fees and subscriptions
8.1 Your right to use the App is conditional upon you paying the applicable fees (if any) for your subscription to use the App. A subscription allows access to certain functionality or data of the App for a defined period of time that will be clearly shown to you at the time of subscription. If you use a free version of the App, then your subscription for that version does not require payment of any fees. Payment of the applicable fees is made through the Apple App Store.

9. Maintenance and Support
9.1 We (and not Apple) is solely responsible for providing any maintenance and support services in relation to the App, as specified in this EULA or as required by law.

9.2 We reserve the right to modify, add, or remove parts of the App at any time. We may introduce improvements and new features from time to time into the App, some of which may be made immediately available.

9.3 We will not be liable to you or to any third party for any modification, change, suspension or discontinuance of the App or any part of it.

10. Product claims
10.1 Any claim by you or a third party relating to the App, or your possession and/or use of the App are governed by these terms (and Apple is not responsible for such claims), including, but not limited to:
  • 10.1.1 product liability claims;
  • 10.1.2 any claim that the App fails to conform to any applicable legal or regulatory requirement; and/or
  • 10.1.2 claims arising under consumer protection, privacy, or similar legislation, including (where applicable) in connection with any use by the App of the HealthKit and HomeKit frameworks.


11. Legal compliance
11.1 You represent and warrant that:
  • 11.1.1 you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and
  • 11.1.2 you are not listed on any United States Government list of prohibited or restricted parties.


12. Liability
12.1 To the maximum extent permitted by law:
  • 12.1.1 We, and our affiliates, agents, contractors, suppliers, service providers or licensors will not be liable to you for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or relating to these terms or your use of the App, including, but not limited to, any errors or omissions in any User Content or Third Party Content, even if we have been advised of the possibility of such damages; and
  • 12.1.2 Our total liability to you for all damages will not exceed the amount paid by you to use the App in the three months immediately preceding your claim.


13. Indemnity
13.1 You shall indemnify and hold harmless, us, our agents and affiliates from and against any and all third-party claims, liabilities, losses and expenses (including all associated actual legal costs), due to, arising out of or in connection with, your:
  • 13.1.1 use of the App;
  • 13.1.2 violation of the terms of this Custom EULA; or
  • 13.1.3 violation of any law or the rights (including intellectual property rights) of a third party.


13.2 You acknowledge and accept that we may, at our option, control the investigation, defence and settlement of legal claims arising out of or in connection with your use of the App and you shall cooperate with us in respect of such investigation, defence and/or settlement where reasonably requested.

14. Intellectual Property
14.1 Nothing in this Custom EULA gives you any ownership rights over the App, nor any aspect of the App, including User Content.

14.2 We (and not Apple) are responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches that third parties’ intellectual property rights).

14.3 Where you provide any suggestions or feedback to us about the App, you acknowledge and agree that we may freely use and disclose all such suggestions and feedback as we see fit for any purpose.

14.4 If you believe that any materials made available on the App infringe your intellectual property rights, please contact us on info@crouton.app with details of your concerns. We take the protection of intellectual property rights seriously and will investigate in accordance with our procedures.

15. Suspension and Termination
15.1 This Custom EULA is effective until terminated by you or by us. Your rights under this Custom EULA will terminate automatically if you fail to comply or breach any of the terms of this Custom EULA.

15.2 If we reasonably consider in our sole discretion that you have breached any of these terms, we may immediately and without notice take all or any of the following actions:
  • 15.2.1 issue a warning to you;
  • 15.2.2 immediate, temporary, or permanent suspension or deactivation of your ability to use the App;
  • 15.2.3 place any restriction on your access to the App (or part of it); and/or
  • 15.2.4 disclose such information to law enforcement authorities as we reasonably feel is necessary.


16. General
16.1 The terms of this Custom EULA will be governed by, and construed in accordance with, the laws of New Zealand.

16.2 These terms (together with any other terms and conditions notified by us to you) constitute the entire agreement between us and you regarding your use of the App and supersede all prior arrangements, agreements and understandings between you and us.

16.3 Any delay or failure to enforce our rights under these terms does not mean we have waived those rights.

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