Terms Of Use
(EULA)
Last updated April 05, 2024
Cityvend is licensed to You (End-User) by Cityvend LLC, located and registered at 13643 Bailey St, Whittier, California 90601, United States ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Cityvend LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Cityvend LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Cityvend when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Cityvend is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
Cityvend ("Licensed Application") is a piece of software created to Empowerentrepreneurs to start or grow their business — and customized for iOS and Androidmobile devices ("Devices"). It is used to Premier online platform for entrepreneursseeking to enhance sales performance and foster customer loyalty .
The Licensed Application is not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), Federal InformationSecurity Management Act (FISMA), etc.), so if your interactions would be subjectedto such laws, you may not use this Licensed Application. You may not use theLicensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license toinstall and use the Licensed Application on any Devices that You (End-User) own orcontrol and as permitted by the Usage Rules, with the exception that such LicensedApplication may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided byLicensor that replace, repair, and/or supplement the first Licensed Application, unlessa separate license is provided for such update, in which case the terms of that newlicense will govern.
2.3 You may not share or make the Licensed Application available to third parties(unless to the degree allowed by the Usage Rules, and with Cityvend LLC's priorwritten consent), sell, rent, lend, lease or otherwise redistribute the LicensedApplication.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile,remove, modify, combine, create derivative works or updates of, adapt, or attempt toderive the source code of the Licensed Application, or any part thereof (except withCityvend LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and theUsage Rules) or alter the Licensed Application or portions thereof. You may createand store copies only on devices that You own or control for backup keeping underthe terms of this license, the Usage Rules, and any other terms and conditions thatapply to the device or software used. You may not remove any intellectual propertynotices. You acknowledge that no unauthorized third parties may gain access tothese copies at any time. If you sell your Devices to a third party, you must removethe Licensed Application from the Devices before doing so.
2.6Violations of the obligations mentioned above, as well as the attempt of suchinfringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. Whenusing the Licensed Application, You must ensure that You comply with applicablethird-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensorrecommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complieswith modified/new versions of the firmware and new hardware. You are not grantedrights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that theapp end-user device on which You intend to use the Licensed Application satisfiesthe technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it seesappropriate at any time.4/4/24, 11:24 PM Termly https://app.termly.io/dashboard/website/49020f36-d6ed-40cc-a4a6-3f67c0557031/eula 3/6
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4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and supportservices for this Licensed Application. You can reach the Licensor at the emailaddress listed in the App Store or Play Store Overview for this Licensed Application.
4.2 Cityvend LLC and the End-User acknowledge that the Services have noobligation whatsoever to furnish any maintenance and support services with respectto the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloadedLicensed Application content and Your personal information, and that Licensor's useof such material and information is subject to Your legal agreements with Licensorand Licensor's privacy policy: https://www.cityvendhome.com/terms-of-use-eula.
You acknowledge that the Licensor may periodically collect and use technical dataand related information about your device, system, and application software, andperipherals, offer product support, facilitate the software updates, and for purposes ofproviding other services to you (if any) related to the Licensed Application. Licensormay also use this information to improve its products or to provide services ortechnologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs,message boards, online forums, and other functionality, and may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or in the Licensed Application, including butnot limited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material (collectively, "Contributions").Contributions may be viewable by other users of the Licensed Application andthrough third-party websites or applications. As such, any Contributions you transmitmay be treated as non-confidential and non-proprietary. When you create or makeavailable any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the LicensedApplication, and other users of the Licensed Application to use your Contributionsin any manner contemplated by the Licensed Application and this LicenseAgreement.
3. You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name or likeness oreach and every such identifiable individual person to enable inclusion and use ofyour Contributions in any manner contemplated by the Licensed Application andthis License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or other forms ofsolicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
8. Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specific personor class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any thirdparty.
11. Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being of minors.4/4/24, 11:24 PM Termly https://app.termly.io/dashboard/website/49020f36-d6ed-40cc-a4a6-3f67c0557031/eula 4/6
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12. Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates,any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this LicenseAgreement and may result in, among other things, termination or suspension of yourrights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or makingContributions accessible to the Licensed Application by linking your account from theLicensed Application to any of your social networking accounts, you automaticallygrant, and you represent and warrant that you have the right to grant, to us anunrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose,sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display,reformat, translate, transmit, excerpt (in whole or in part), and distribute suchContributions (including, without limitation, your image and voice) for any purpose,commercial advertising, or otherwise, and to prepare derivative works of, orincorporate in other works, such as Contributions, and grant and authorizesublicenses of the foregoing. The use and distribution may occur in any mediaformats and through any media channels.
This license will apply to any form, media, or technology now known or hereafterdeveloped, and includes our use of your name, company name, and franchise name,as applicable, and any of the trademarks, service marks, trade names, logos, andpersonal and commercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise been asserted inyour Contributions.
We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area in the LicensedApplication. You are solely responsible for your Contributions to the LicensedApplication and you expressly agree to exonerate us from any and all responsibilityand to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwisechange any Contributions; (2) to recategorize any Contributions to place them inmore appropriate locations in the Licensed Application; and (3) to prescreen or deleteany Contributions at any time and for any reason, without notice. We have noobligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall belimited to intent and gross negligence. Only in case of a breach of essentialcontractual duties (cardinal obligations), Licensor shall also be liable in case of slightnegligence. In any case, liability shall be limited to the foreseeable, contractuallytypical damages. The limitation mentioned above does not apply to injuries to life,limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due toa breach of duties according to Section 2 of this License Agreement. To avoid dataloss, You are required to make use of backup functions of the Licensed Application tothe extent allowed by applicable third-party terms and conditions of use. You areaware that in case of alterations or manipulations of the Licensed Application, Youwill not have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses,viruses, or any other malware at the time of Your download. Licensor warrants thatthe Licensed Application works as described in the user documentation.4/4/24, 11:24 PM Termly https://app.termly.io/dashboard/website/49020f36-d6ed-40cc-a4a6-3f67c0557031/eula 5/6
9.2 No warranty is provided for the Licensed Application that is not executable on thedevice, that has been unauthorizedly modified, handled inappropriately or culpably,combined or installed with inappropriate hardware or software, used withinappropriate accessories, regardless if by Yourself or by third parties, or if there areany other reasons outside of Cityvend LLC's sphere of influence that affect theexecutability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing itand notify Cityvend LLC about issues discovered without delay by email providedin
. The defect report will be taken into consideration and furtherinvestigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Cityvend LLC reserves achoice to remedy the situation either by means of solving the defect or substitutedelivery.
9.5 In the event of any failure of the Licensed Application to conform to anyapplicable warranty, You may notify the Services Store Operator, and Your LicensedApplication purchase price will be refunded to You. To the maximum extent permittedby applicable law, the Services Store Operator will have no other warranty obligationwhatsoever with respect to the Licensed Application, and any other losses, claims,damages, liabilities, expenses, and costs attributable to any negligence to adhere toany warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutoryperiod of limitation amounting to twelve (12) months after the Licensed Applicationwas made available to the user. The statutory periods of limitation given by law applyfor users who are consumers.
10. PRODUCT CLAIMS
Cityvend LLC and the End-User acknowledge that Cityvend LLC, and not theServices, is responsible for addressing any claims of the End-User or any third partyrelating to the Licensed Application or the End-User’s possession and/or use of thatLicensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legalor regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation,including in connection with Your Licensed Application’s use of the HealthKit andHomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to aUS Government embargo, or that has been designated by the US Government as a"terrorist supporting" country; and that You are not listed on any US Government listof prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the LicensedApplication, please contact:
Carlos Ventura
13643 Bailey St
Whittier, CA 90601
United States
13. TERMINATION
The license is valid until terminated by Cityvend LLC or by You. Your rights under thislicense will terminate automatically and without notice from Cityvend LLC if You fail toadhere to any term(s) of this license. Upon License termination, You shall stop all use4/4/24, 11:24 PM Termly https://app.termly.io/dashboard/website/49020f36-d6ed-40cc-a4a6-3f67c0557031/eula 6/6
of the Licensed Application, and destroy all copies, full or partial, of the LicensedApplication.
14. THIRD-PARTY TERMS OF AGREEMENTS ANDBENEFICIARY
Cityvend LLC represents and warrants that Cityvend LLC will comply with applicablethird-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer'sEnd-User License Agreement," both Apple and Google and their subsidiaries shall bethird-party beneficiaries of this End User License Agreement and — upon Youracceptance of the terms and conditions of this License Agreement, both Apple andGoogle will have the right (and will be deemed to have accepted the right) to enforcethis End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Cityvend LLC and the End-User acknowledge that, in the event of any third-partyclaim that the Licensed Application or the End-User's possession and use of thatLicensed Application infringes on the third party's intellectual property rights, CityvendLLC, and not the Services, will be solely responsible for the investigation, defense,settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of California excludingits conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity ofthe remaining provisions shall not be affected. Invalid terms will be replaced by validones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down inwriting. The preceding clause can only be waived in writing.
17.3 __________