END-USER LICENSE AGREEMENT
Last updated January 27, 2022
Dose.fm is licensed to you end user by Dose Labs, Inc located at 3003 West Olympic Boulevard Suite 106-129, Los Angeles California, 90006, United States hereinafter license or for you only under the terms of this license agreement we are registered in California United States and have a registered office at 3003 West Olympic Boulevard, Suite 106-129, Los Angeles, California, 90007.
By downloading the application from the Apple AppStore and any update thereto (as permitted by this License Agreement), You indicated and You agree to be bound by all of the terms and conditions of this License Agreement, and that you accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions are obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Dose Labs, Inc, not Apple, is solely responsible for the licensed Application and the contents thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Dose Labs, Inc acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
- THE APPLICATION
Dose.fm (hereinafter: Application) is a piece of software created to create personalized and contextual listening experiences and customized for Apple mobile devices, it is used to stream audio content for passengers in rideshare vehicles.
Furthermore it is used to earn Dose Tokens for streaming content.
The Application is not tailored to comply with industry specific regulations (Health Insurance Portability and accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), If your intentions would be subjected to such laws, you may not use this Application. You may not use this Application in a way that would violate the Gramm-Leach-Bliley ACT (GLBA).
- SCOPE OF LICENSE
- You are given a non-transferable, non-exclusive, non sublicensable license to install and use the Licensed Application on any Apple-branded Products that you (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that licensed Application may be accessed and used by other accounts associated with you (End-User, The Purchaser) via Family Sharing or volume purchasing.
- This license will also govern any updates of the Application provided by the Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
- You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Dose Labs, Inc’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
- You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Dose Labs, Inc’s prior written consent.)
- You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on the devices that you own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices, You acknowledge that no unauthorized third parties may gain access to these copies at any time.
- Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to persecution and damages.
- Licensor reserves the right to modify the terms and conditions of licensing.
- Nothing in this license should be interpreted to restrict third-party terms. When using the Application you must ensure that You comply with applicable third-party terms and conditions.
- TECHNICAL REQUIREMENTS
- The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
- Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
- You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Application satisfies the technical specifications mentioned above.
- Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
- MAINTENANCE AND SUPPORT
- Licensor is solely responsible for providing any maintenance and support services for this license Application. You can reach the licensor at the email address listed on the App Store overview for this license application.
- Dose Labs, Inc and the end user acknowledged that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the license Application.
- USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the excess and, download, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secrets, or moral rights of any third party.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated bu the application and these Terms os Use.
- Your Contributions are not false, inaccurate or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions to not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protest the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or phyical handicap.
- CONTRIBUTION LICENSE
By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the application. You are solely responsible for your Contributions to the application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- Licensor’s responsibility in the case of violation of obligations and torches shall be limited to intent and gross negligence. Only in case of a breach of essential duties contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability should be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
- License or warrants that the application is free of spyware, Trojan horses, viruses, or any other malware at the time of your download. Licensure warrants that the application works as described in the user documentation.
- No warranty is provided for the application that is not executable on the device, that has been unauthorized Lee modified, handled it appropriately or culpably, binder installed with inappropriate Hardware or software, used wood inappropriate accessories, regardless if by yourself or by Third parties, or if there are any other reasonable outside of those lab stinks sphere of influence that affect the execution ability of the application.
- You are required to inspect the application immediately after installing it and notify Dose Labs, Inc about any issues discovered without delay by email provided writing. The defect report will be taken into consideration further investigated if it has been mailed within a period of ninety (90) days after discovery.
- If we confirm that the application is defective, Dose Labs, Inc reserves the choice to remedy the situation either by means of solving the defect or substitute delivery.
- In the event of any failure of the application to conform to any applicable warranty, you may notify the AppStore operator and your application purchase price will be refunded to you (if applicable). To the maximum extent permitted by applicable law, the AppStore operator will have no other warranty obligation whatsoever with respect to the app, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
- If the user is an entrepreneur, any claim based on false expired after a statutory period of limitation amounting to 12 months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
- PRODUCT CLAIMS
Dose Labs, Inc and the End-User acknowledge that Dose Labs, Inc and not Apple, is responsible for addressing any claims of the End-User or any third-party relating to the license application or the end users possession and or use of that license application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to confirm to any applicable legal or regulatory requirement; and
(iii) claims arising under the consumer protection, privacy, or similar legislation, including in connection with Your licensed Applucation’s Use of the HealthKit and HomeKit.
- LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country” ; and that You are not listed in any U.S. Government list of prohibited or restricted parties.
- CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application please contact:
Dose Labs, Inc
3003 West Olympic Boulevard
Los Angeles, CA, 90006
The license is valid until terminated by Dose Labs, Inc or by You. Your rights under this license will terminate automatically and without a notice from Dose Labs, Inc if You fail to adhere to any term(s) of this license. Upon license termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
- THIRD-PARTY TERMS OF AGREEMENT AND BENEFICIARY
Dose Labs, Inc represents warrants that Dose Labs, Inc will comply with applicable third-party terms of agreement when using license Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developers End-User License Agreement,” Apple and Apple subsidiary shall be third-party beneficiaries of this End-User license License Agreement – and upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have acceptable the right the) to enforce this End-User License Agreement against You as a third-party beneficiary thereof.
- INTELLECTUAL PROPERTY RIGHTS
Dose Labs, Inc and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that Application infringes on the third parties intellectual property rights, Dose Labs, Inc and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
- APPLICABLE LAW
This license agreement is governed by the laws of the State of Delaware including the conflicts of law rules.
- If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way which will achieve the primary purpose.
- Collateral agreements, changes and amendments are only valid if laid down and in writing. The preceding clause can only be waived in writing.