Terms of Use (EULA)
Last Updated: July 5, 2024These Terms of Use ("Terms" or "EULA" or "Agreement") constitute a legal agreement between you ("User" or "you") and Procyon Business Logic LLC ("Company" or "we" or "us") governing your use of the Wrist News Reader application ("App"). By installing, accessing, or using the App, you agree to comply with and be bound by these Terms.
1. Acknowledgement
The Company and the User acknowledge that this EULA is concluded between the Company and the User only, and not with Apple. The Company, not Apple, is solely responsible for the Licensed Application and its content.
2. License
The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes strictly in accordance with these Terms and the Usage Rules set forth in the Apple Media Services Terms and Conditions.
3. Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, distribute, transmit, host, outsource, or otherwise commercially exploit the App.
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the App.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or licensors of the App.
4. Ownership
The App is licensed, not sold. The Company retains all right, title, and interest, including all intellectual property rights, in and to the App, including all copies, modifications, extensions, and derivative works thereof.
5. Privacy
Your use of the App is also governed by our Privacy Policy, which can be found by clicking this link. By using the App, you consent to the terms of the Privacy Policy.
6. Subscriptions and Payments
If you subscribe to any services offered through the App, you agree to the terms of the subscription, including the pricing, subscription period, and automatic renewal terms. Subscription details are as follows (amounts in USD):
- $0.99 / Month - Monthly subscription, renewed monthly
- $6.99 / Year - Annual subscription, renewed annually
- $14.99 / Lifetime - Lifetime subscription, one-time charge, does not require a renewal
All subscribers gain access to add 250 feeds to their device as well as import/export utilities.
Free users agree to these terms of usage as well. However, free users are limited to adding 3 feeds only and do not have access to import/export utilities.
Automatic Renewal Terms: Your subscription will automatically renew at the end of the applicable subscription period unless you cancel your subscription. For instructions on cancelling a subscription purchased through the App Store, please click this link. You can manage and cancel your subscription through your Apple account settings. Subscription fees and their refunds are managed through the App Store interface.
7. Termination
These Terms are effective until terminated by you or the Company. Your rights under these Terms will terminate automatically without notice from the Company if you fail to comply with any term(s) of these Terms. Upon termination, you must cease all use of the App and uninstall it from your device(s).
8. Maintenance and Support
The Company is solely responsible for providing any maintenance and support services for the Licensed Application. The Company and the User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
9. Warranty
The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Company warrants that the Licensed Application will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of your initial download ("Warranty Period"). If, within the Warranty Period, the Licensed Application fails to conform to this warranty, the User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
Except for the express warranty provided above, The Company provides the licensed application "as is" and with all faults. The Company disclaims all other warranties, express and implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any consequential, incidental, or indirect damages arising out of the use or inability to use the Licensed Application.
10. Product Claims
The Company, not Apple, is responsible for addressing any claims of the User or any third party relating to the Licensed Application or the User’s possession and/or use of that Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks. Nothing in this agreement limits any legal rights or protections granted to the User by applicable law.
11. Intellectual Property Rights
In the event of any third-party claim that the Licensed infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
12. Legal Compliance
The User represents and warrants that (i) they 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) they are not listed on any U.S. Government list of prohibited or restricted parties.
13. Third Party Terms of Agreement
The User must comply with applicable third-party terms of agreement when using the Licensed Application, e.g., if the User subscribes to premium RSS feeds or news services, they must not violate the terms of those third-party services when using the Licensed Application.
14. Third Party Beneficiary
The Company and the User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon the User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the User as a third-party beneficiary thereof.
15. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Company or its affiliates, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party; or (iv) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of such damages.
News Content Liability Disclaimer
(i) The Company makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of any news content accessed through the App.
(ii) The Company shall not be liable for any inaccuracies, errors, or omissions in any news content, or for any actions taken in reliance thereon.
(iii) The Company is not responsible for the content of external news sources or websites linked to or referenced in the App.
(iv) Users acknowledge that they access and rely upon news content at their own risk.
(v) In no event shall the Company be liable for any damages or losses resulting from Users' reliance on news content accessed through the App, including but not limited to any decisions made or actions taken based on such content.
This addendum is in addition to and does not replace any part of the existing Limitation of Liability clause. To the fullest extent permitted by applicable law, the Company disclaims all liability related to the content, accuracy, reliability, or consequences of use of any news or information accessed through the App.
16. Governing Law
These Terms and any dispute arising out of or in connection with these Terms will be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law principles.
17. Changes to These Terms
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
19. Force Majeure
The Company will not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
20. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Portland, Oregon before a single arbitrator. The arbitration shall be administered by the Arbitration Service of Portland, Inc. ("ASP") pursuant to its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.
The arbitrator shall be experienced in commercial disputes and the laws of the State of Oregon. The arbitration shall be conducted in English. The parties shall have the right to conduct reasonable discovery as determined by the arbitrator, who shall manage the process to ensure efficiency and cost-effectiveness.
The cost of arbitration, including the arbitrator's fees and expenses, shall be borne by the party initiating the arbitration. Each party shall bear its own attorneys' fees and costs unless otherwise awarded by the arbitrator in accordance with applicable law.
Any award rendered by the arbitrator shall be final, binding, and conclusive upon the parties, and a judgment may be entered in any court of competent jurisdiction. The parties agree to waive their right to a jury trial.
For inquiries or to initiate arbitration, contact:
Arbitration Service of Portland, Inc.
9830 SW McKenzie St.
Portland, Oregon 97223
(503) 226-3109
aspdx@hotmail.com
21. Developer Contact Information
If you have any questions about these Terms, please contact us using the form on this site, or at the following address:
Address:
Procyon Business Logic LLC
PO Box 83734
Portland, OR 97283-0734
Email: management@procyonlogic.com