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Lifespeed Terms Of Service

Lifespeed, Inc.

TERMS OF SERVICE FOR LIFESPEED

Welcome to Lifespeed – a consumer-centric healthcare platform that allows you to personalize and share your health story with clarity from Lifespeed, Inc. (“Lifespeed,” “we,” “us” or “our”).

These Terms of Service (“Terms”) apply to your access and use of the mobile application (the “App”), website (“Site”) and other online products and services (collectively, the “Service”) of Lifespeed.

Accepting these Terms

BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service.

Lifespeed reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Lifespeed) at any time and in its sole discretion. If Lifespeed makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Service, and/or by updating the “Last Updated” date at the top of these Terms and posting the revised Terms to our Service. Your continued use of any of the Service will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Service to make sure that you understand the terms and conditions that will apply to your use of the Service.

For purposes of these Terms, “Lifespeed” refers to Lifespeed and Lifespeed’s investors, directors, officers, employees, agents, representatives and assigns.

ACCOUNT

To access certain areas and features within the Service, you must create an account. You agree to (a) provide accurate, truthful, current and complete information when creating an account, (b) maintain and promptly update your account information, (c) maintain the security of your account by not sharing your password with others and restricting access to your account and (d) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. You represent and warrant that you (a) are at least 18 years of age, and (b) have not been previously suspended or removed from using the Service.

Privacy

Please see Lifespeed’s Privacy Policy for information about how Lifespeed collects, uses and discloses information about users of the Service.

SERVICE

Access to the Service.  On the condition that you comply with these Terms, Lifespeed hereby grants you a non-exclusive, non-transferable, revocable license to access and use the Service (including any Lifespeed Material therein) solely in the manner permitted by these Terms. If Lifespeed, in its sole discretion, elects to provide any upgrade that replaces or supplements the original version of the Service, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.                

Modifications to the Service.  Lifespeed may review, improve, change, or discontinue (temporarily or permanently) the Service or any features, information, materials, or content made available via the Service at any time, with or without notice to you. If you no longer wish to use the Service following any such modifications, you may terminate these Terms.

Third-Party Services.  The Service requires the use of certain third-party products and services (“Third-Party Services”) identified on the Service.  Use of any Third-Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to usage of data you may share through the Third-Party Services in the course of using the Service, other applicable policies, and may include separate fees and charges. Lifespeed may display content from third parties through the Service or may provide information about or links to Third-Party Services. Your interactions with any such third parties, and any terms, conditions, warranties or representations associated with such interactions, are solely between you and the applicable third parties. Lifespeed is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Service. If you are not able to access or use the Third-Party Services for any reason, you will not be able to use the Service, and your sole remedy will be to terminate these Terms.

NEITHER THE SERVICE NOR ANY OF THE MATERIALS PROVIDED VIA THE SERVICE CONSTITUTE (AND SHOULD NOT BE INTERPRETED AS) MEDICAL ADVICE, OPINION OR SERVICES. FURTHER, THERE IS NO DOCTOR-PATIENT RELATIONSHIP BETWEEN LIFESPEED AND YOU.

Giving Others Access to Your Account

You can provide third parties with access to your account and the content you upload and store through the Service, in your sole discretion. You understand and agree that you provide third parties with access to your account and your content, including medical records, at your own risk. IN NO EVENT WILL LIFESPEED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, INVASION OF PRIVACY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE SERVICE (OR YOUR DATA OR ANY MODIFICATION TO YOUR DATA), IF YOU PROVIDE THIRD PARTIES WITH ACCESS TO YOUR ACCOUNT OR TO CONTENT YOU UPLOAD AND STORE THROUGH THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF LIFESPEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

For more information on the Service and how to use it, please visit our FAQ page at [insert hyperlink here].

RESTRICTIONS ON USE OF THE SERVICE

You are solely responsible for your conduct (and the conduct of anyone who uses the Service on your behalf) with respect to the Service, which you use at your own risk. Except as expressly permitted in writing by Lifespeed, you will not do, and will not permit any third party to do, any of the following:

·       rent, lease, lend, sell, sublicense or create derivative works of the Service;

·       distribute the Service or make the Service available over a network where it could be used by multiple devices at the same time;

·       modify, disclose, decompile, reverse engineer, disassemble, attempt to derive the source code, underlying ideas, or algorithms of the Service or any part of the Service, except to the extent required by applicable law;

·       remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the Service;

·       use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit Lifespeed’s other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service;

·       use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms;

·       attempt to gain unauthorized access to the Service or their related systems or networks;

·       use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the rights of Lifespeed or any third party;

·       impersonate or use the Service by misrepresenting your affiliation with a person or entity;

·       build a competitive product or service, or copy any features or functions of the Service;

·       disclose to any third party any performance information or analysis relating to the Service; or

·       cause or permit any third party to do any of the foregoing.

If you violate (or are alleged to have violated) any of the foregoing restrictions, your license to use of the Service will immediately and automatically terminate, and you may have infringed the rights of Lifespeed, which may subject you to prosecution and damages.

ACCEPTABLE USE POLICY

In using the Service, you may not upload, use, create, transmit, store, display, distribute, share or otherwise make available any content, descriptions or information that:

·       is illegal or fraudulent or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;

·       may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property;

·       is obscene, pornographic, indecent or sexually explicit;

·       depicts graphic, excessive or gratuitous violence, or make any threats to commit violent acts;

·       is derogatory, demeaning, inflammatory, malicious, defamatory, abusive, offensive, hateful, harassing, humiliating to other people (publicly or otherwise), libelous or otherwise objectionable;

·       you do not have a right to make available under any law or under contractual or fiduciary relationships;

·       you know is untruthful; or

·       infringes, misappropriates or violates the intellectual property or proprietary rights of others (including, but not limited to, rights of privacy and rights of publicity).

Lifespeed reserves the right, but is not obligated, to investigate any violation of this Section 6 or misuse of the Service. Enforcement of this Section 6 is solely at Lifespeed's discretion, and failure to enforce these Terms in some instances does not constitute a waiver of Lifespeed's right to enforce this Section 6 in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will be free from conduct or content that violates this Section 6.  Lifespeed may, in its sole discretion, remove or disable access to any content for any reason or for no reason, including if Lifespeed believes that such content violates these Terms or any other agreement we have with you for use of the Service.

OWNERSHIP AND RESERVATION OF RIGHTS

Lifespeed reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in these Terms are hereby reserved and retained by Lifespeed. Lifespeed reserves all right, title and interest to and in all information, materials and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content) (collectively “Lifespeed Material”). Lifespeed Material includes any information, videos or images delivered by Lifespeed via a Third-Party Service in the course of providing the Service. Lifespeed Material is confidential, and you may not disclose Lifespeed Material that you have received in the course of the Service or otherwise. Lifespeed Material is protected in all forms, media and technologies now known or later developed. 

Trademarks

Lifespeed’s name, Lifespeed’s trademarks, Lifespeed’s logos and any other Lifespeed product, service name or slogan included in the Service are property of Lifespeed and may not be copied, imitated or used (in whole or in part) without Lifespeed’s prior written consent. The look and feel of the Service, including all custom graphics, button icons and scripts, constitute service marks, trademarks or trade dress of Lifespeed and may not be copied, imitated or used (in whole or in part) without Lifespeed’s prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Lifespeed and its licensors with such company or an endorsement or approval by such company of Lifespeed or its licensors or their respective products or services.

Feedback

Lifespeed will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials that you provide regarding Lifespeed or the Service, whether by email, posting through the Service, or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of Lifespeed. Lifespeed will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send Feedback to Lifespeed if you expect to be paid or want to continue to own or claim rights in your Feedback. Lifespeed also has the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights or of their right to privacy. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.

SUSPENSION AND TERMINATION

Lifespeed may suspend your license to access or use the Service or terminate these Terms at any time, with or without cause, immediately upon notice to you. You may terminate these Terms by cancelling your account through the Service. Lifespeed reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Service during suspension or after termination, including by creation of a different account. Lifespeed may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Service is suspended.

DISCLAIMER

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIFESPEED DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, THE LIFESPEED MATERIAL AND THIRD PARTY-TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT AND CONDITION OF TITLE.

NO MEDICAL ADVICE

THE CONTENT AND/OR INFORMATION PROVIDED VIA THE SERVICE DOes NOT CONTAIN OR CONSTITUTE AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE, MEDICAL OPINIONS OR MEDICAL SERVICES, AND THERE IS NO DOCTOR-PATIENT RELATIONSHIP OR THERAPIST-PATIENT RELATIONSHIP BETWEEN LIFESPEED AND YOU. YOU ACKNOWLEDGE AND AGREE THAT LIFESPEED HAS NEITHER PROVIDED NOR REnderED ANY medical advice TO YOU. THE SERVICE IS NOT a substitute for the advice of a medical professional, and the information made available on or through THE SERVICE should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition. THE SERVICE DOes NOT DIAGNOSE OR IDENTIFY ILLNESSES OR CONDITIONS. If you require medical advice, MEDICAL services OR THERAPY, you should consult a medical professional DIRECTLY AND NOT THROUGH LIFESPEED.

Indemnification

At your sole expense, you will defend Lifespeed and its employees, agents, directors, and investors (“Indemnitees”) against any and all actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify the Indemnitees for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of or resulting from (a) your use of the Service or the use of the Service by a third party accessing your account, including any infringement of rights of third parties, or (b) your breach of these Terms.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LIFESPEED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE SERVICE (OR YOUR DATA OR ANY MODIFICATION TO YOUR DATA), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF LIFESPEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL LIFESPEED’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICE (OR YOUR DATA OR ANY MODIFICATION TO YOUR DATA) EXCEED THE FEES PAID TO LIFESPEED BY YOU FOR THE SERVICE, IF ANY (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE)

Arbitration

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND Lifespeed TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.

You and Lifespeed will arbitrate any dispute, claim or controversy arising from or related to these Terms or the Service, except that neither you nor Lifespeed is required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade names or patents. ARBITRATION PREVENTS YOU AND Lifespeed FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Arbitration will be conducted confidentially in San Francisco, California, by a single arbitrator in accordance with the rules of JAMS (or its successor). Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NEITHER YOU NOR Lifespeed will commence against the other a class action, class ARBITRATION or other representative action or proceeding.

REPORTING AND REMOVAL

The Service users may report content to the Service that he/she thinks violates these Terms, and Lifespeed may remove such content, suspend or terminate the account of the user who made posted such content and/or take additional action to enforce these Terms against such user.

In addition, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Lifespeed has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. We also may, at our discretion, limit access to the Service and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you think that anything on or made available through the Service infringes upon any copyright that you own or control, you may file a notification with Lifespeed’s Designated Agent as set forth below:

Designated Agent:

Nolan Murtha

Address of Designated Agent:

PO Box 51085 

Irvine, CA 92619

 

Telephone Number of Designated Agent:

949-416-5105

Email Address of Designated Agent:

info@getlifespeed.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, Lifespeed or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to the material or activity.

miscellaneous

Governing Law and Dispute Resolution. These Terms will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. The state and federal courts located in San Francisco County, California, will have exclusive jurisdiction over any suit in connection with the Service or these Terms that is not subject to arbitration, and you and Lifespeed hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Service will be governed by, construed in accordance with, and enforced under the laws of the State of California without resort to its conflict of law provisions. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or any right, title, interest or obligation hereunder without the prior written consent of Lifespeed. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and void and without effect. Lifespeed may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees and other successors in interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.

Electronic Communications. You agree to receive electronically all current and future notices, disclosures, communications and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.

Force Majeure. Lifespeed will not be liable for any loss or damage arising from any event beyond its reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

Severability. If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Survival. Notwithstanding any terms to the contrary in these Terms, Sections [XXX] will survive any termination of these Terms.

notice for california users

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

NOTICE REGARDING APPLE

Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the Service for use on the iPhone, iPod Touch or iPad:

You and Lifespeed acknowledge that the terms are solely between you and Lifespeed, and not with Apple, Inc. (“Apple”), and that Lifespeed, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the Service is dependent on the third party from which you received the Service, e.g., the Apple iPhone App Store (“App Store”). You agree to pay all fees charged by the App Store in connection with the Service (if any). You further acknowledge that the usage rules for the Service are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service (“Apple Usage Rules”) as of the date you download the Service. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.

Scope of License

The license granted to you is limited to a non-transferable license to use the Service on any iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage Rules.

Maintenance and Support

Lifespeed is solely responsible for providing maintenance and support services with respect to the Service. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Warranty

You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Service by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Lifespeed. However, you understand and agree that, in accordance with these Terms, Lifespeed has disclaimed all warranties of any kind with respect to the Service, and therefore, there are no warranties applicable to the Service, except those implied by law.

Product Claims

You and Lifespeed acknowledge and agree that as between Apple and Lifespeed, Lifespeed, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the Service or your possession and/or use of the Service, including, but not limited to (a) product liability claims, (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

Intellectual Property Rights

You and Lifespeed acknowledge and agree that, in the event of any third-party claim that the Service or your possession and use of the Service infringes that third-party’s intellectual property rights, Lifespeed, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

Legal Compliance

You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

Any end-user questions, complaints or claims with respect to the Service should be directed to:

Lifespeed, Inc.
 

support@getlifespeed.com

 

Third Party Beneficiary

The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third-party beneficiary thereof.