Flashside End User License Agreement

This End User License Agreement (“Agreement”) is between you and CQUELLE GmbH and governs use of Flashside (App) made available through the Apple App Store. By installing the Flashside, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the App.

In order to ensure CQUELLE GmbH provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please inform us through the contact form.

1. Parties

This Agreement is between you and CQUELLE GmbH only, and not Apple, Inc. ("Apple"). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. CQUELLE GmbH, not Apple, is solely responsible for the CQUELLE GmbH App and its content.

2. Privacy

CQUELLE GmbH may collect and use information about your usage of the App, including certain types of information from and about your device, as described in the Flashside Privacy Policy. This includes the platform and version of the App you run, used only in aggregate to keep the App working and to decide which versions to support.

2a. Free use and optional paid features

The App is currently provided free of charge. CQUELLE GmbH may in the future offer optional paid features or plans through the App Store. Any such offering will be clearly marked as paid, will be purchased through Apple's in-app purchase system under the App Store Terms of Service, and will never be charged without your consent.

3. Limited License

CQUELLE GmbH grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. You may only use the Flashside App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions

By using the CQUELLE GmbH App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the App does not violate any applicable law or regulation. Your access to the Flashside App may be terminated without warning if CQUELLE GmbH believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Flashside App, you agree to be bound by this Agreement in respect to your child's use of the App.

5. Objectionable Content

Policy Content may not be submitted to CQUELLE GmbH, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty

Flashside disclaims all warranties about the App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, CQUELLE GmbH, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support

CQUELLE GmbH does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, CQUELLE GmbH, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

CQUELLE GmbH, not Apple, is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

CQUELLE GmbH shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Flashside App. To the extent CQUELLE GmbH is required to provide indemnification by applicable law, CQUELLE GmbH, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property right.

Contact

CQUELLE GmbH
Erdkampsweg 70a
22335 Hamburg
Germany

Managing director: Eugen Yamamoto
Commercial register: Amtsgericht Hamburg, HRB 159619

Email: welcome@cquelle.com
Website: www.cquelle.com

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