Unapologetic Power, LLC (“Syrelle”) Terms of Service

1. Agreement to Terms

Please read these terms of service (these “Terms”) carefully. By accessing or using the Syrelle services (the “Services”), you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them. By agreeing to these Terms, you and Syrelle will, as described in section 16 below, be required to resolve most consumer-related disputes with each other solely on an individual basis through arbitration where permitted by applicable law and not with a jury trial or as a class arbitration, class action, or any other kind of representative or court proceeding. If you do not agree to be bound by these Terms, please do not use the Services.

2. Additional Terms
 

We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.

3. Service Use

Eligibility. You must be 18 years or older to use the Services. In addition, if you are under the age of majority where you live, you may only use the Services if your parent or guardian agrees to our Terms. Please read these Terms with them. If you are a parent or legal guardian of a user under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the Services.

Account Registration and Security. To use many of the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. You are not allowed to share the registration link, QR codes or any other means by which you access this account with any other person or entity. Once your free trial has expired, you agree to either delete the app from your device or purchase access to the app.

4. Subscriptions and Promotional Offers

a. Recurring Subscriptions. If you purchase a recurring subscription to use Syrelle (“Recurring Subscriptions”), the Recurring Subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. You authorize Syrelle to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless canceled in accordance with section 4(b). If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

b. Cancellation. You must cancel your Recurring Subscription at least 24 hours before the end of the then-current subscription period to avoid being charged for the next subscription period. If you purchased your Recurring Subscription via syrelle.net, you can cancel at https://syrelle.net/cancelsubscription. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party. View our support page or contact us by email at support@syrelle.net if you need assistance with canceling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to Syrelle until the end of your current subscription period.

c. Changes. We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, in advance to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in section 4(b).

d. Clinical Usage Converting to Recurring Subscriptions. You may be offered a free clinical offer (“Offer Terms”) in connection with a Recurring Subscription (a “Promotional Offer”), such as a trial period. You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously subscribed to Syrelle. If you cancel Syrelle and rejoin at a later date, if the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to Syrelle and allowed your subscription to expire before the date stated in the Offer Terms. Syrelle reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers may only be claimed through syrelle.net or through your clinic if you are a returning patient. You must provide a valid payment method accepted by us to enroll in Syrelle unless otherwise stated in the Offer Terms. Once your promotional period ends, you authorize Syrelle to begin billing your designated payment method on a recurring basis at the then-current price for the relevant subscription plus any applicable taxes unless it is canceled in accordance with section 4(b) at least 24 hours prior to the end of the promotional period.

e. Lifetime Subscriptions. You may purchase a “lifetime” Syrelle subscription for one account to access Syrelle for the remaining time period of Syrelle, which may not necessarily be the remainder of your lifetime. The Services may evolve over time and the Syrelle features available when you enroll in a lifetime subscription may not always be part of Syrelle. Syrelle may also launch new Services in the future that are not part of Syrelle and therefore outside of your lifetime subscription. Any lifetime subscription you purchase is personal to you and may not be transferred, shared, licensed, sublicensed, or sold.

f. Other Subscriptions. We may also offer you the ability to access Syrelle as part of an agreement between Syrelle and your health provider, health plan, or any other entity. To receive access to Syrelle via this method, you must follow the instructions provided by your organization pursuant to the terms of its agreement with Syrelle. Your ability to access and use Syrelle via this method may be subject to additional terms between you and your organization. Once your eligibility via this method expires, your right to use Syrelle expires unless you subscribe to the Services per these Terms.

5. Other Payments Terms

a. Payment Method. If you purchase a subscription, gift card, or other item through the Services, you must provide an accurate and up-to-date payment method acceptable to us. You authorize Syrelle to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees. No transaction is binding on Syrelle until accepted and confirmed by Syrelle. We may update your stored payment method using information provided by our payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You are responsible for any additional charges that your payment method provider charges.

b. Cancellations and Disputes. If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. Syrelle reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined.

c. Refunds. You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.

d. Future Functionality. Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by Syrelle regarding such functionality or features.

6. Services and User Content Rights

a. Syrelle Services Ownership. Subject to the limited license rights granted under these Terms, Syrelle and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, and other materials made available via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the U.S. and any other applicable jurisdiction. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.

b. Limited License Granted by Syrelle. Subject to your compliance with these Terms, Syrelle grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes (unless Syrelle has granted you written permission to do otherwise, for example on a trial or test basis). Further, Syrelle grants you a limited non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app we distribute through an app store on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.

c. User Content Ownership. Except for the license you grant below, Syrelle does not claim any ownership rights in any messages, images, text, and any other content posted through the Services by our users, including any content you post to social media platforms that tags a Syrelle account or that uses a hashtag incorporating a Syrelle trademark and/or service mark (collectively, “User Content”). User Content does not include any portion of the Services included in your User Content. Nothing in these Terms will be deemed to restrict any mandatory rights that you may have to use and exploit your User Content, as between you and Syrelle.

d. License You Grant to Syrelle. By making any User Content available to Syrelle, you hereby grant to Syrelle a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard. When you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.

7. Third-Party Content

The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content.

8. Copyright Complaints and Infringer Policy

If you believe that anything on the Services infringes any copyright that you own or control, you may notify Syrelle’s designated agent as follows:

Designated Agent
[Address]
Telephone Number:
E-Mail Address:

If the content infringes rights protected by U.S. copyright laws, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Syrelle for certain costs and damages.

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who infringe the intellectual property rights of others.

9. Prohibitions on User Content and Conduct

You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:

a. Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, service mark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, or national law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person or entity from using or enjoying the Services, or may expose Syrelle or others to any harm or liability of any type;

b. Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, Syrelle’s name, any Syrelle trademark, service mark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from Syrelle or its licensors;

c. Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services;

d. Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

e. Develop or use any applications that interact with the Services without our prior written consent;

f. Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Syrelle or any of Syrelle’s providers or any other third-party (including another user) to protect the Services;

g. Attempt to access or search the Services, scrape, or extract data or other content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by Syrelle or as permitted by our robot.txt file;

h. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code;

i. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

j. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

k. Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

l. Use or attempt to use another user’s account without authorization from that user and Syrelle;

m. Encourage or enable any other individual to do any of the foregoing;

n. Post, upload, create, publish, store, submit, transmit, or otherwise share any Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules.

10. Trademarks

Syrelle’s trademarks and service marks, including but not limited to SYRELLE and Syrelle’s other logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without Syrelle’s prior written permission. The absence of a trademark or service mark from this list does not constitute a waiver of Syrelle’s trademark, service mark or other intellectual property rights concerning that mark. All third-party trademarks and service marks mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Syrelle.

11. Termination

We may immediately terminate your access to and use of the Services or your account if you violate these Terms, in our sole discretion without notice to you and to the extent permitted by applicable law. We may terminate your subscription if your Syrelle premium subscription was obtained through an organization if you are no longer eligible for a subscription based on the terms of our agreement with your organization. We may terminate your Syrelle premium subscription if your Syrelle premium subscription was obtained through a third-party promotion and you no longer meet the eligibility requirements for that offer.

You may cancel your account at any time by sending an email to us at support@syrelle.net, although you will still have to cancel any active subscriptions as stated in section 4(b).

Upon any termination, discontinuation, or cancellation of the Services or your account, all of your rights to use the app and the Services shall immediately cease and all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

12. Warranty Disclaimers

Your use of the Services is at your sole risk. Except as otherwise provided in writing by us and to the extent permitted by applicable laws, the Services are provided “as is” and “as available” without warranties of any kind, express or implied. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.

13. Medical Disclaimers

a. The Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care and/or advice;
b. Syrelle is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;
c. Syrelle does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;
d. Syrelle is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;
e. You should always consult a medical professional if you have any questions regarding a medical condition; and
f. You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

14. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Syrelle and its members, managers, officers, directors, partners, employees, and agents (individually and collectively, the “Syrelle Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and/or (e) your misuse or other conduct in connection with the Services.

You will promptly notify the Syrelle Parties of any third-party Claims, cooperate with the Syrelle Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Syrelle Parties will have control of the defense or settlement, at Syrelle’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Syrelle or the other Syrelle Parties.

15. Limitation of Liability

To the fullest extent permitted by applicable law, neither Syrelle nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Syrelle has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Unless such limits are prohibited by applicable law, in no event will Syrelle’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the greater of: (a) the amounts you have paid to Syrelle for use of the Services for the last twelve (12) months; or (b) fifty U.S. dollars (US $50.00). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Syrelle and you.

16. Agreement to Arbitrate

At this time, Syrelle’s Services are provided to end users through agreements with clinics and other organizations. Disputes between Syrelle and those organizations are governed by separate written agreements.

This Section 16 is included as a placeholder for potential future direct-to-consumer subscriptions. If Syrelle later offers Services directly to individual subscribers, this section may require that most disputes between Syrelle and individual subscribers be resolved solely by binding arbitration on an individual basis, and not in a jury trial or class action.

For clarity, during clinic-sponsored access, disputes are governed by Section 17 (Governing Law and Venue).

17. Governing Law and Venue

These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. If any dispute between the parties hereto is not subject to arbitration, then the state and federal courts located in Fulton County, Georgia will have exclusive venue and jurisdiction. You and Syrelle waive any objection to venue in any such courts.

18. Modifying and Terminating the Services

We may change or discontinue any or all or any parts of the Services, at any time but with notice provided via in-app notification, email, or website posting, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. You also have the right to stop using the Services at any time; your continued use of the Services after such receipt of notice shall be deemed acceptance of and agreement to all such modifications. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services.

19. Changes to Terms

We may make changes to these Terms by notifying you of the changes, including by posting the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as specified in section 16, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.

20. Other Terms

a. These Terms and all additional terms incorporated herein constitute the entire and exclusive understanding and agreement between Syrelle and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Syrelle and you regarding the Services.
b. If any provision or part of a provision of these Terms is held unlawful, invalid, or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect.
c. These Terms and all additional terms and related documents, including notices and other communications are in the English language. Any translations provided are for your convenience only.
d. You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without Syrelle’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms without such consent will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
e. Syrelle’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Syrelle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
f. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under Georgia law, consumers are entitled to the following specific consumer rights notice: The Georgia Department of Law, Consumer Protection Division may be contacted in writing at 40 Capitol Square, SW, Atlanta, GA 30334, or by telephone at (404) 651-8600 or (800) 869-1123.

21. Feedback

Syrelle does not accept nor consider unsolicited creative ideas, materials, or pitches of any kind. See our Unsolicited Submissions Policy below. If you provide ideas, suggestions, or other feedback about Syrelle or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you. Syrelle does not waive any rights to use similar or related ideas previously known to Syrelle, developed by its employees, or obtained from other sources.

Unsolicited Submissions Policy
Syrelle does not accept or consider unsolicited ideas, suggestions, proposals, or materials, including but not limited to creative concepts, product designs, business strategies, or content (collectively, “Submissions”). This policy is intended to avoid misunderstandings or disputes when Syrelle’s products, services, or marketing strategies appear similar to Submissions.

If you choose to send us any Submissions, you agree that:

1. No Confidentiality. Your Submissions will not be treated as confidential, regardless of any statement to the contrary in your submission or correspondence.

2. No Compensation. You will not receive any compensation, credit, or consideration of any kind for your Submissions.

3. Syrelle’s Rights. Syrelle may freely use, disclose, reproduce, modify, distribute, or otherwise exploit your Submissions without restriction, obligation, or payment to you.

4. Prior Work. Syrelle does not waive any rights to use similar or related ideas previously known to Syrelle, developed by its employees, or obtained from other sources.

By sending a Submission, you acknowledge that you have read, understood, and agree to this Policy.

22. Contact Information

If you have questions about these Terms or the Services, please contact Syrelle by email at support@syrelle.net or write to us at 110 Village Green Avenue, Woodstock, Georgia 30189.

23. iOS Minimum Terms for Custom EULA

The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any Syrelle mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.

a. Acknowledgement. The Terms are concluded between Syrelle and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.
b. Scope of License. The license granted to you for our app under section 6 of the Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by our Apple Usage Rules set forth in the App Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
c. Maintenance. We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.
d. Warranty. We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under section 12 of the Terms. In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed under section 12, you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
e. Liability. Subject to section 15 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (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.
f. IP Claims. Subject to section 15 of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
g. Legal Compliance. You represent and warrant that you (i) 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) are not listed on any U.S. Government list of prohibited or restricted parties.
h. Name and Address. If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 22.
i. Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.