Application terms of service

The Application Terms govern your use of Aegis Alpha SA (ABLE) services through our applications. These terms clarify that the agreement is solely between you and ABLE, not with Apple or Microsoft, and that you can only use the application on devices you own. The application is licensed for personal use, and ABLE is responsible for any claims regarding the application, not Apple or Microsoft. You must comply with applicable laws and third-party agreements. Lastly, Apple and Microsoft are considered third-party beneficiaries and can enforce these terms.

These Application Terms (the “Application Terms” govern your access and use of Aegis Alpha SA (“ABLE”) services (the “Services”) through ABLE applications (“Application”), as applicable, which continue to control in the event of conflict between these Application Terms and other Terms or User Terms (collectively with these Application Terms, the “Terms”). If you’re agreeing to these Application Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Application Terms on that organization’s or entity’s behalf and bind them to these Application Terms (in which case, the references to “you” and “your” in these Application Terms, except for in this sentence, refer to that organization or entity).

1. Both you and ABLE acknowledge that the Terms are concluded between you and ABLE only, and not with Apple or Microsoft, and that Apple or Microsoft is not responsible for the Application or the Content;

2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they apply to the Services;

3. You will only use the Application in connection with an Apple or Microsoft-powered device that you own or control;

4. You acknowledge and agree that Apple or Microsoft has no obligation whatsoever to furnish any maintenance and support services concerning the Application;

5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Microsoft of such failure; upon notification, Apple’s or Microsoft's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

6. You acknowledge and agree that ABLE, and not Apple or Microsoft, is responsible for addressing any claims you or any third party may have about the Application;

7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, ABLE, and not Apple or Microsoft, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;

8. You represent and warrant that you are not located in a country subject to an EU or U.S. Government embargo, or the EU or U.S. Government has designated that as a “terrorist supporting” country, and that you are not listed on any EU or U.S. Government list of prohibited or restricted parties;

9. Both you and ABLE acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

10. Both you and ABLE acknowledge and agree that Apple and Apple’s subsidiaries AND, OR Microsoft and Microsoft's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple or Microsoft will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.