You acknowledge and agree that this Agreement is solely between you and Wave, and not with Apple, and that Apple has no responsibility for the App or content thereof. To the extent there is any conflict between this Agreement and Apple’s terms and conditions, the terms of Apple shall prevail only with respect to the App. Your use of the App must also comply with App Store Terms of Service.
2. Scope of License
Each license granted to you for the App is limited to 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.
3. Maintenance and Support
You and Wave acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Wave is solely responsible for providing any maintenance and support services with respect to the App except as otherwise set out herein or as required under applicable Law.
Wave is solely responsible for any product warranties, whether express or implied by Law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable Law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Wave’s sole responsibility.
5. Product Claims
You and Wave acknowledge and agree that Wave, not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This Agreement does not limit Wave’s liability to you beyond what is permitted by applicable Law.
6. Intellectual Property Rights
You and Wave acknowledge and agree that, in the event of any third party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, Wave, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim pursuant to the terms and conditions agreed between you and Wave.
7. Legal Compliance
You represent and warrant that: (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address
You may direct any questions, complaints, or claims with respect to the App (other than questions relating to billing, cancellation, or payment details) to the contact details provided below.
Wave Financial Inc.
155 Queens Quay E, Box 3, Toronto, ON M5A 0W4
9. Third Party Terms of Agreement
You agree to comply with applicable third party terms of agreement when using the App.
10. Third Party Beneficiary
You and Wave acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.