End User License Agreement

Updated as of 9 September 2021

Our App, as made available to you through the Store, is licensed to you, not sold to you. Your licence for the App is subject to your prior acceptance of this End User License Agreement (“EULA”) between you and Parpera Australia Pty Ltd ACN 641 580 743 (“we/us”) and is granted to you by us, not the relevant Store Provider. We reserve all rights in and to the App not expressly granted to you under this EULA.

1. License

1.1 Scope

This licence granted to you for the App by us is limited to a non-transferable licence to use the App on any Permitted Device that you own or control and as permitted by the Usage Rules. Without limiting the Usage Rules, the App is only licensed to you for personal, noncommercial use.  You acknowledge that the services that we provide under our Membership Agreement (which does not form part of this EULA) are necessary in order for you to make use of the intended functionality of the App and that you will need to enter into a separate Membership Agreement with us to receive those services and use that functionality.

You and we acknowledge that this EULA is between you and us (and not the Store Provider), and that the Store Provider is not responsible for the App or its content.

The terms of this licence will govern any upgrades provided by us that replace and/or supplement our original App, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will apply.

1.2 Prohibitions

This licence does not allow you to use the App on any Device that you do not own or control, and except as provided in the Usage Rules, you must not distribute or make the App available over a network where it could be used by multiple devices at the same time. Except to the extent, if any, that applicable laws prevent us restraining you from doing so, you must not rent, lease, lend, sell, transfer redistribute, or sublicense the App and, if you sell your Device to a third party, you must remove the App from the Device before doing so. You must not copy (except as expressly permitted by this EULA and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages.

1.3 Support and Maintenance

Except to the extent (if any) required by law, neither we nor the Store Provider is obliged to provide any maintenance or support for the App under this EULA or otherwise.

1.4 Store Provider Rights

To the extent that this EULA is expressed to confer rights on the Store Provider, or otherwise operate for the benefit of the Store Provider, you and we agree that the Store Provider (and the Store Provider’s subsidiaries), are third party beneficiaries of this EULA (and we hold those rights and benefits in trust for the Store Provider). To the extent so applicable, the Store Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.

2. Consent to Use of Data

Without limiting our Privacy Policy, you agree that we may collect and use technical data and related information, including but not limited to 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 our App.

3. Termination

The licence is effective until terminated by you or us. Your rights under this licence will terminate automatically without notice from us if you fail to comply with any term(s) of this licence. Upon termination of the license, you must cease all use of our App and destroy all copies, full or partial, of our App.

4. External Services and Third-Party Materials

Our App may enable access to, or use of, our and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires internet access and use of certain External Services requires you to accept additional terms (whether ours or a third party’s). You must comply with those additional terms when using our App.

You agree that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, except to the extent (if any) that we separately agree otherwise with you, you agree to use the External Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain External Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the External Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and, to the full extent permitted by law, do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

Any financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Medical information displayed by any External Service is for general information purposes only and should not be relied upon for medical diagnostic or treatment advice except as directed by a doctor. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither we nor any of our content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services.

You agree that the External Services contain proprietary content, information and material that is owned by us and/or our licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this EULA or that infringes any intellectual property rights of a third party or the Store Provider. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you must not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.

In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the relevant Device are not available in all languages or in all countries or regions. We make no representation that such External Services or Third PartyMaterials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.We reserve the right to change, suspend, remove, or disable access to any External Services at any time without notice. To the full extent permitted by law, in no event will we be liable for the removal of or disabling of access to any such External Services. We may also impose limits on the use of or access to certain External Services, in any case and without notice or, to the full extent permitted by law, liability.

5. Warranties

5.1 Mandatory Rights Not Affected

(Australia) In Australia, statutory consumer protection laws, including the Competition and Consumer Act, give you rights which cannot be excluded, including consumer guarantees as to acceptable quality and fitness for purpose. Clauses 5 and 6 of this EULA are subject to the rights you have under that legislation.

(Rest of World) In countries other than Australia, clauses 5 and 6 of this EULA are subject to any rights that by law cannot be excluded.

5.2 No Warranty

You expressly acknowledge and agree that use of our app is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Our app and any services performed or provided by or through our app are provided "as is" and "as available", with all faults and without warranty of any kind, and (to the extent permitted by law) we hereby disclaim all warranties and conditions with respect to our app and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. To the extent permitted by law, we do not warrant against interference with your enjoyment of our app, that the functions contained in or services performed or provided by our app will meet your requirements, that the operation of our app or services will be uninterrupted or error-free, or that defects in our app or services will be corrected. No oral or written information or advice given by us shall create a warranty. If our app or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.

5.3 Refund

If our App does not conform with a warranty (if any) applicable under this EULA or by law (to the extent not excluded), then:

(a) if the Store Provider is Apple - you may notify Apple, and Apple will refund the purchase price (if any) for our App to you; or

(b) if the Store Provider is Google – you should notify us (not Google), and we will arrange a refund the purchase price (if any) for our App to you if by law you are entitled to it. In all other respects, Google’s Payment Processor’s standard terms and conditions regarding refunds will apply.

To the maximum extent permitted by applicable law, the Store Provider and we will have no other warranty obligation of any kind with respect to our App. Any other claims, losses, liabilities, damages, costs or expenses permitted under this EULA that are attributable to any failure to conform to any warranty will be our (and not the Store Provider’s) responsibility.

6. Limitation of Liability

6.1 General Limitation

In no event shall we be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use our app, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall our total liability to you for all damages (other than as may be required by applicable law) exceed the amount of A$50.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6.2 Mandatory Rights

(Australia) If we are liable to you under Australia’s Competition and Consumer Act or similar Australian state legislation, then to the extent that we are entitled to do so, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at our option: the supplying of the services again; or the payment of the cost of having the services supplied again.

(Rest of World) If we are liable to you under the laws of any country other than Australia, then to the extent to which we are entitled to do so, we limit our liability and obligations in respect of any claim under those laws to the minimum liability and obligations permitted under that law (or, if the relevant law permits more than one form of limitation of liability or obligation, then the limitation selected by us).

6.3 Responsibility For Claims

You and we agree that we (and not the Store Provider) is responsible for addressing any claim by you or any third party relating to our App or your possession and/or use of our App, including, but not limited to: (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, including (where applicable) in connection with any use by our App of any Associated Frameworks.

You and we agree that, in the event of any third party claim that our App or your possession or use of our App alone infringes that third party’s intellectual property rights, we (and not the Store Provider), will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim (and you must permit us to do so).

7. Export Restrictions

You must not use or otherwise export or re-export our App except as authorised by United States law and the laws of the jurisdiction in which our App was obtained. Without limiting the foregoing, 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. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

8. US Government Use

Our App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

9. Contact details

If you have any questions, complaints or claims with respect to our App then you should direct them to us (not the Store Provider) as follows:

Address: Mezzanine, 388 George Street, Sydney, NSW, 2000, Australia

Email: support@parpera.com

10. Applicable Law

The laws of New South Wales, Australia govern this EULA and your use of our App. Your use of our App may also be subject to other local, state, national, or international laws.

11. Definitions

In this EULA the following phrases have the following meanings:

App means the app known on the Store as Parpera.

Associated Framework means:

(a) where the relevant Store Provider is Apple - the HealthKit and HomeKit frameworks; and

(b) where the relevant Store Provider is Google - the Google Fit and Google Assistant frameworks.

Apple has the same meaning as in the Media Services Terms and Conditions of Apple Inc., located at 1 Infinite Loop, Cupertino, California.

Device means any device that can access the Store.

Google has the same meaning as in the Google Play Terms of Service of Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, California.

Payment Processor means the party authorised by Google to provide services that enabled us to charge you for our App (if applicable).

Permitted Device means:

(a) if the relevant version of our App is intended for an iOS environment – then Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) but not Mac OS X (“Mac Computers”); or

(b) if the relevant version of our App is intended for an Android Operating System environment – then any device running the Android Operating System.

Store means either (as applicable):

(a) the App Store Service provided by Apple; or

(b) the marketplace Google has created and operates which allows registered developers in certain countries to distribute products directly to users of Devices.

Store Provider means Apple or Google, as applicable.

Store Provider Terms means:

(a) where the Store Provider is Apple – Apple’s Media Services Terms and Conditions; or

(b) where the Store Provider is Google – the Google Play Terms of Service.

Usage Rules means the usage rules set out in the Store Provider Terms.

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