Apple Device Additional Terms
Effective Date: July 12th, 2018
If you access a Mindstrong App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running
Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby
you and Mindstrong:
- Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these
Terms, then the Apple Device Additional Terms shall control with respect to access and use of the App via an
- Agreement with Mindstrong, Not Apple. You acknowledge that these Terms are an agreement between
Mindstrong and you, and not with Apple. Mindstrong, not Apple, is solely responsible for any App you
access via your Apple Device (“iOS App”) and the content thereof. If these Terms are less restrictive
with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App
Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
- Scope of License. The license granted to use an iOS App is limited to a non-transferable license to
use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the
App Store Terms of Service.
- Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to any iOS App. If Mindstrong decides (in its sole discretion)
to provide support and maintenance services for an iOS App, Mindstrong is solely responsible for providing
- Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty
provided by Mindstrong in these Terms, you may notify Apple and Apple will refund the purchase price for the
iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs
or expenses attributable to any failure to conform to any warranty is Mindstrong’s sole responsibility.
Notwithstanding the foregoing, Mindstrong is not obligated to provide any warranty with respect to an iOS
App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers
provided in these Terms.
- Product Claims. You hereby acknowledge that Mindstrong, not Apple, is responsible for addressing your
or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to:
(i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note
that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit
Mindstrong’s liability beyond what is permitted by applicable law.
- Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that an iOS
or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s
intellectual property rights, Mindstrong, not Apple, is solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance. 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.
- Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of
these Terms, Apple has the right (and deemed to have accepted the right) to enforce these Terms against you
with respect to the iOS App as a third-party beneficiary thereof.
- Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS
App to Mindstrong at the contact information below.