Mobile End-User License Agreement (EULA)
Last Updated: August 28, 2018
Please read this Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the PackageX mobile application and other solution components that is a last yard AI-led package handling solution (“Mobile App”) developed by PackageX, Inc. (“PackageX”). This EULA governs your use of the Mobile App, which will allow you to access the package handling service (the “Service”) directly from your mobile device. Your use of the Service will remain subject to the PackageX Terms of Service (the “Terms of Service”); to the extent it conflicts with this EULA, the Terms of Service will control. Your use of the Mobile App indicates your consent to this EULA.
- License. PackageX grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for your internal business purposes strictly in accordance with this EULA and the Terms of Service.
- Your Account. Your use of the Mobile App requires that you have an account and agree to the Terms of Service.
- Changes to this EULA. PackageX reserves the right to modify this EULA. PackageX will post the most current version of this EULA at https://packagex.app/mobile-eula. If PackageX makes material changes to this EULA, we will notify you via the Mobile App. Your continued use of the Mobile App after PackageX publishes notice of changes to this EULA indicates your consent to the updated terms.
- No Included Maintenance and Support. PackageX may deploy changes, updates, or enhancements to the Mobile App at any time. PackageX may provide maintenance and support for the Mobile App but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance and/or support services in connection with the Mobile App.
- Acceptable Use. You agree that you will not use or encourage others to use the Mobile App in a way that could harm or impair others’ use of the Mobile App.
- Consent to Electronic Communications and Solicitation. By downloading the Mobile App, and/or opting-in through notification settings, you authorize PackageX to send you (including via email, SMS, WeChat and other push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding PackageX products and services. You can review your account settings to adjust your messaging preferences or unsubscribe to some messaging by following instructions provided by PackageX.
- No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PACKAGEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- iOS Application. APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO) THE MOBILE APP AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COST, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
- Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Suspension and Termination of the Mobile App. PackageX reserves the right to suspend or terminate your access to the Mobile App at any time based on the status of your account under the Terms of Service. You understand that if your account is suspended or terminated, you may no longer have access to the content that is stored within the Service.
- Intellectual Property Rights. In the event of a third-party claim that the Mobile App, or your possession and use of the Mobile App, infringes third party’s intellectual property rights, PackageX, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- 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.
- Governing Law. This EULA shall be governed by and construed in accordance with the laws governing your Terms of Service.
- 15. Contact Information. If you have any questions regarding this EULA, please contact PackageX by email at email@example.com, or by mail at 500 7th Avenue, 8th Floor, New York, NY 10018 with attention to: PackageX Legal
- Third Party Beneficiaries. Upon your acceptance of this EULA, Apple (for iOS Mobile Apps) and Google (for Google Mobile Apps), respectively, will have the right to enforce this EULA against you as a third-party beneficiary thereof.