Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not have the access to this Service.
This Agreement is concluded between iOS Optimizer and the Customer, and not with Apple, and iOS Optimizer is solely responsible for the Service and the content thereof. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary relating to your use of the iOS Optimizer app.
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
1. to send or receive any material which is not civil.
2. to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
3. to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
4. to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5. to cause annoyance, inconvenience or needless anxiety;
6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
7. for a purpose other than which we have designed them or intended them to be used;
8. for any fraudulent purpose;
9. other than in conformance with accepted Internet practices and practices of any connected networks;
10. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
11. in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
Without limitation, you further undertake not to or permit anyone else to:-
We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions.
We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
If you use (or anyone other than you, with your permission uses) the Mobile Application, and Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.
If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
Without limitation to anything else we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:
The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
All editorial content, information, photographs, illustrations, artwork, and other graphic materials, and names, logos and trademarks on the iOS Optimizer Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
We may periodically make changes to the contents of the Mobile Application, including the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places has differing laws, by accessing the Mobile Application both you and we agree that the laws of the U.S. Government, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.
You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the U.S. Government in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.