End User License Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.

By accepting this Vida End User License Agreement ("Agreement"), or installing and/or using the Vida mobile software application ("App") you expressly acknowledge and agree that you are entering into a legal agreement with Vida AI Ltd. ("Vida", "we", "us" or "our"), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Agreement. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not accept it, download, install or use the App.

Quick Links to some Important Legal Things

• Who can use the App? You must be at least 18 years old to use the App.
• Who owns what? You own the content you provide (like anything you upload or type in), and you get a license to use the AI-generated output for your personal needs. We own the App and everything else in it.
• How does payment work? You can try the App for free (with some limitations). To unlock all features, you'll need a paid subscription. Subscriptions auto-renew unless you cancel before the next billing cycle.
• Is Vida giving me medical advice? Absolutely not. The App is not a medical service, and all info is AI-generated and for informational purposes only. Always check with a real healthcare provider before making any health, diet, or medical decisions.

1. Ability to Accept

By installing the App you affirm that you are over eighteen (18) years of age. If we become aware that you are under 18, we may suspend or delete your account.

2. App License

Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to download, install, access and use the App on a mobile telephone, tablet or device that you own or control, in accordance with this Agreement and any applicable Usage Rules (defined below).

3. License Restrictions

You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use the Vida name, logo or trademarks without our prior written consent; and/or (viii) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

4. Account

In order to use some of the App features you may have to create or use an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. If you create an Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. We can terminate or disable your Account immediately to protect our App or services, or if you create risk or legal exposure for us, violate this Agreement, if you infringe other people's rights, if we suspect misuse by you of the App, our content or our services. If we take action to disable or terminate your Account, we will notify you where appropriate. If you believe your Account has been terminated in error, or you want to disable or permanently delete your Account, please contact us at [email protected].

5. App Usage Rules

If you are downloading the App from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the App ("Usage Rules"). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled 'Distributor Requirements and Usage Rules', but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.

6. Safe and Appropriate Use

1. You agree that your use of the App is at your own risk and that you will not use the App to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so.
2. Vida does not intend to provide medical or health advice. If you experience any physical adversity, sickness, injury, pain and/or other medical or physical condition or emergency, you should contact your health care professional or seek emergency care with a medical professional.
3. In any event, if we become aware of unlawful or prohibited use of our App or behavior, we reserve the right to report it to the relevant authorities.

7. User Content and Output

1. For the purposes of this Section: (a) "Content" means any text, data, information, reports, files, images, graphics, or other content; (b) "User Content" means any Content submitted or uploaded to, or transmitted through, the App, or otherwise provided or made available to Vida, by or on behalf of you, including through your interactions with the App's chat interface; (c) "Input" means any User Content inputted or otherwise submitted by you to the App in order to receive Output. Unless the context requires otherwise, references herein to "User Content" shall be deemed to include Input as well; and (d) "Output" means any Content which is generated by the App and returned to you, in response to your Input.
2. As between the parties, you are the exclusive owner of all User Content, and subject to your compliance with the terms and conditions of this Agreement, we grant you a license to use the Output for your personal needs.
3. Responsibility for User Content. You are solely responsible for the legality, accuracy and quality of User Content and Input. You understand that if the Input is not accurate, the Output may be inaccurate. You represent and warrant to us that your Content will not include or link to, and will not otherwise allow or encourage: (A) illegal activities; (B) harmful or abusive behavior; or (C) generating spam. You further represent and warrant that you have secured all appropriate rights, consents, and permissions, including providing all necessary notices and authorizations, to provide all User Content to Vida for the purposes contemplated by this Agreement, and that your provision of such User Content and our use thereof in accordance with this Agreement will not violate any applicable law or infringe any rights of any third party.
4. License to User Content. You hereby grant to Vida and its affiliates a worldwide, non-exclusive, royalty-free, paid-up, sublicensable (to Vida's third party service providers engaged by Vida in the provision of the App), right and license to copy, process, create derivative works of, modify, adapt, and otherwise use User Content (in any media, now known or hereafter developed): (A) during the period of your active subscription, for the purpose of performing under this Agreement; and/or (B) on a perpetual basis, provided that the User Content is anonymized and/or de-identified in accordance with industry standards, for the purpose of generally improving the App.
5. Responsibility for Output. You understand and agree as follows:
   1. Artificial intelligence and machine learning are evolving technologies, and due to the probabilistic nature of artificial intelligence and machine learning, use of the App and the Output may sometimes provide incomplete, incorrect, or offensive Output or similar responses for different users of the App.
   2. You are solely responsible and liable for evaluating and verifying (including without limitation by human review) the Output as being suitable and appropriate for your needs and use. Vida recommends that you carefully test, review, and vet the Output before implementation or other use. In addition, you shall not engage in any decision or rely upon Output to make a decision relating to you or any person, that has a legal or material impact or effect on you or that person, such as making decisions about medical and health matters or other important issues.
   3. You will not represent that Output was human-generated when it was not.
   4. The App and the Output are not a substitute for professional advice, diagnosis, or treatment in relation to mental health, physical health, medical issues, dietary decisions or other sensitive matters. You should not rely on the App and/or the Output for any such advice or support and are encouraged to seek assistance from qualified professionals where appropriate. To the maximum extent permitted by law, Vida disclaims all liability for any reliance on the App and/or the Output in connection with such topics.

8. Intellectual Property Rights

1. Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Vida and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software) and all derivatives, improvements and modifications thereof. We reserve all rights not expressly granted herein to the App. "Intellectual Property Rights" means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
2. App Proprietary Materials. Excluding User Content, all other elements made available through the App, including without limitation, text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, "Materials") and the trademarks, service marks and logos contained therein ("Marks", and together with the Materials, the "App Proprietary Materials"), are the property of Vida and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "Vida" and the Vida logo are Marks of Vida and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
3. Use of App Proprietary Materials. The App Proprietary Materials are provided to you "as is" for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. You must retain all copyright and other proprietary notices contained therein.
4. Feedback. If you provide Vida with any suggestions, comments, or feedback regarding the App ("Feedback"), Vida may use such Feedback for any purpose without restriction or obligation to you, and you hereby assign to Vida all rights, title, and interest in and to such Feedback.

9. Payments

1. Currently, you may access and use the App on a freemium basis, for no charge, except that your usage is limited to a certain number of messages to Vida and for a limited period of time only.
2. In order to access and use the full version of the App, you must pay the applicable Subscription Fees as set forth in the subscription plan chosen by you on the App or in the app store ("Subscription Fees"). You will not be charged without your prior consent, and you may cancel your subscription at any time through the applicable app store. Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for successive periods at the then-current rate. You can manage or cancel your subscription through your app store account settings. Subscription Fees are non-refundable for the current billing period, except as required by applicable law or the policies of the applicable app store. Historical data stored on the App may be accessible for a period of sixty (60) days after subscription expiry, subject to these Terms.
3. Please be aware that your use of the App may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

10. Information Description

We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.

11. Third Party and Open Source Software

Portions of the App may include third party open source software that are subject to third party terms and conditions ("Third Party Terms"). If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.

12. Privacy

Our Privacy Policy is available at: privacy-policy.html ("Privacy Policy").

13. Anonymous Information

We may use Anonymous Information for our business purposes, including for improvement of the App and our products and services, as well as share Anonymous Information with third parties. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated, de-identified and/or statistical information about the use of our App and services. You have the right to request a description of the purpose of such research. Notwithstanding, you are aware that you are not legally obligated to provide us with personal information, and you hereby confirm that using the App and providing us personal information in relation thereto is at your own free will.

14. Warranty Disclaimers

1. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND VIDA DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT WE WILL CORRECT ANY ERRORS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
2. NEITHER VIDA NOR ITS PERSONNEL ARE LICENSED MEDICAL CARE PROVIDERS, AND THEY HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE AND/OR DIET. YOU HEREBY ACKNOWLEDGE THAT NO MEDICAL OR SIMILAR PROFESSIONAL ADVICE IS PROVIDED (OR PURPORTED TO BE PROVIDED) VIA THE APP, AND THE APP SHOULD NOT BE USED OR RELIED UPON IN PLACE OF CONSULTING (OR OTHERWISE SEEKING ADVICE FROM) A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL, SUCH AS YOUR PHYSICIAN OR DIETICIAN. FOR THE AVOIDANCE OF DOUBT, THE APP IS NOT A MEDICAL DEVICE OR SERVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. YOU ARE RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES OR MEDICAL CONDITIONS YOU MAY HAVE. SEEK PROFESSIONAL ADVICE BEFORE FOLLOWING ANY TRAINING AND/OR DIETARY INSTRUCTIONS YOU RECEIVE THROUGH THE APP. NOT ALL EXERCISES OR ACTIVITIES THAT MAY BE SPECIFIED ON THE APP ARE SUITABLE FOR EVERYONE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR THROUGH THE APP. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR EMERGENCY SERVICES IMMEDIATELY. IF YOU FEEL DISCOMFORT OR PAIN, IMMEDIATELY STOP THE ACTIVITY CAUSING SUCH DISCOMFORT OR PAIN. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE APP IS VOLUNTARY AND AT YOUR OWN RISK, AND YOU AGREE THAT VIDA WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES (SUCH AS, BUT NOT LIMITED TO, HEALTH PROBLEMS, PERSONAL INJURY, OR DEATH) TO YOU OR ANY THIRD PARTY THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THE APP.
3. THE APP INCLUDES ARTIFICIAL INTELLIGENCE TOOLS ("AI FEATURES") THAT ARE EXPERIMENTAL AND MAY NOT ALWAYS BE ACCURATE, COMPLETE, OR ERROR-FREE. OUTPUT GENERATED BY THE APP IS BASED ON PROBABILISTIC MODELS AND MAY NOT REFLECT FACTUAL, VERIFIED, OR COMPLETE INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING AND INDEPENDENTLY ASSESSING ANY OUTPUTS, RECOMMENDATIONS, OR INFORMATION GENERATED BY AI FEATURES BEFORE RELYING ON OR USING THEM, PARTICULARLY FOR IMPORTANT OR SENSITIVE MATTERS. THE APP MAY RELY ON ARTIFICIAL INTELLIGENCE MODELS AND SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. VIDA MAY CHANGE OR REPLACE SUCH PROVIDERS FROM TIME TO TIME WITHOUT NOTICE. VIDA IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR PERFORMANCE OF ANY THIRD PARTY AI PROVIDER, AND MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THEIR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDA DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION ANY RESULTS, REPORTS, STATISTICS, DATA AND/OR ANALYSES OBTAINED THROUGH USE OF THE APP.
4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

15. Limitation of Liability

1. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIDA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIDA'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE SUBSCRIPTION FEES, IF ANY, ACTUALLY PAID BY YOU TO VIDA FOR USING THE APP WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM OR THE SUM OF ONE HUNDRED USD ($100), WHICHEVER IS HIGHER.

16. Indemnity

You agree to defend, indemnify and hold harmless Vida and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

17. Export Laws

You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

18. Updates and Upgrades

We may from time to time provide updates or upgrades to the App (each, a "Revision"), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

19. Term and Termination

1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, including but not limited to upon termination of Vida subscription and/or failure to pay the Subscription Fees, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
2. Upon termination of this Agreement, you shall cease all use of the App. This Section 19.2 and Sections 3 (License Restrictions), 8 (Intellectual Property Rights), 12 (Privacy), 13 (Anonymous Information), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), and 20 (Assignment) to 23 (General) shall survive termination of this Agreement.

20. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Vida without restriction or notification. Any prohibited assignment shall be null and void.

21. Modification

We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.

22. Governing Law and Disputes

To the maximum extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

23. General

This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Vida concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by Vida. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

24. Distributor Requirements and Usage Rules

Apple

If you download the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

(i) You acknowledge and agree that:

1. (a) this Agreement is concluded between Vida and you only, and not with Apple, and Vida and its licensors, and not Apple, are solely responsible for the App and the content thereof.
2. (b) your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
3. (c) the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
4. (d) Vida is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
5. (e) Vida is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vida's sole responsibility;
6. (f) Vida, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
7. (g) in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
8. (h) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

(ii) 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.

(iii) If you have any questions, complaints, or claims regarding the App, please contact Vida at: Email: [email protected].

(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).