Welcome to ChatBuddy, a mobile application developed and owned by One Thum Software, LLC ("we" or "us"). By using the ChatBuddy app, you agree to these Terms of Service. Please read them carefully.
1. Acknowledgement
1.1 You acknowledge that this End User License Agreement (EULA) is concluded between you and One Thum Software, LLC, and not with Apple Inc.
1.2 You acknowledge that Apple Inc. is not responsible for the ChatBuddy app or its content. One Thum Software, LLC is solely responsible for the ChatBuddy app and the content thereof.2. Scope of License
2.1 The license granted to you for the ChatBuddy app is a non-transferable license to use the app on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
2.2 You acknowledge that this EULA does not provide usage rules for the ChatBuddy app that conflict with the Apple Media Services Terms and Conditions.
3. Maintenance and Support
3.1 You acknowledge that One Thum Software, LLC is solely responsible for providing any maintenance and support services for the ChatBuddy app, as specified in this EULA or as required by applicable law.
3.2 You acknowledge that Apple Inc. has no obligation to provide any maintenance or support services for the ChatBuddy app.
4. Warranty
4.1 You acknowledge that One Thum Software, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in this EULA.
4.2 In the event of any failure of the ChatBuddy app to conform to any applicable warranty, you may notify One Thum Software, LLC, and One Thum Software, LLC will refund the purchase price for the ChatBuddy app to you. To the maximum extent permitted by applicable law, One Thum Software, LLC has no other warranty obligation whatsoever with respect to the ChatBuddy app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be One Thum Software, LLC's sole responsibility.
5. Product Claims
5.1 You acknowledge that One Thum Software, LLC is responsible for addressing any claims you or any third party may have relating to the ChatBuddy app or your possession and use of the ChatBuddy app.
5.2 You acknowledge that this EULA does not limit One Thum Software, LLC's liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights
6.1 You acknowledge that, in the event of any third-party claim that the ChatBuddy app or your possession and use of the ChatBuddy app infringe on a third party's intellectual property rights, One Thum Software, LLC, and not Apple Inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance
7.1 You represent and warrant that 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.
7.2 You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
9.1 You must comply with any applicable third-party terms of agreement when using the ChatBuddy app.
10. Third Party Beneficiary
10.1 You acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this EULA.
10.2 Upon your acceptance of the terms and conditions of this EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at legal@onethum.com.
