END USER LICENSE AGREEMENT
Apple Store: Koko Facial Yoga Exercises.
Play Store: Koko Face Yoga
It is licensed to You (The user) by Koko Face Yoga ("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 to it (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 involved in this License Agreement recognize that the Services are not participants in this agreement and are not bound by any terms or obligations concerning the Licensed Application, including warranty, liability, maintenance, and support. The Licenser, not the Services, is solely responsible for the Licensed Application and its content.
This License Agreement may not provide usage rules for the Licensed Application that conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Users acknowledge that they had the opportunity to review the Usage Rules, and this License Agreement does not conflict with them.
Apple store: Koko Facial Exercises.
Play Store: Koko Face Yoga.
When purchased or downloaded through the Services, it is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Apple store: Koko Facial Exercises. Play Store: Koko Face Yoga ("Licensed Application") is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
1. THE APPLICATION
The Licensed Application is software created to help people look beautiful, improve their skin conditions, get makeup solutions and personalized products, etc. It is customized for iOS and Android mobile devices ("Devices"). It Analyzes facial concerns, offers expert online sessions, and provides solutions and product links from third-party brands.
Furthermore, it is used to:
- Experiment with different makeup looks: The App has an expert virtual makeup session, and a face scan allows users to improve their after-makeup looks. Personalized content library with varying makeup looks. This can help find new looks.
- Learning about skincare ingredients and home remedies: The App provides information about different skincare ingredients, such as their benefits and how to use them. This can be helpful for users who want to learn more about skincare and how to choose the right products for their needs.
- Tracking skincare progress: The App allows users to track their skincare progress over time based on a face scan analysis. This can help users see what works well for their skin and adjust their routine.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed 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 to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application 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 by the Licensor that replaces, repair, and supplement the first Licensed Application unless a separate license is provided for such update, in which case the terms of that new license 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 the Licenser's prior written consent), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.
2.4. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt or attempt to derive the source code of the Licensed Application or any part thereof (except with Licensor prior written consent).
2.5. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices You own or control for backup, keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used.
2.6. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so. Violations of the obligations mentioned above and the attempt of such infringement may be subject to prosecution and damages.
2.7. The Licensor reserves the right to modify the terms and conditions of licensing. Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1. The Licensed Application requires a firmware version of iOS 13 and above or higher. Licensor recommends using the latest version of the firmware.
3.2. The Licensor attempts to keep the Licensed Application updated to comply with modified/new versions of the firmware and new hardware. You are not granted the right to claim such an update.
3.3. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4. The Licensor reserves the right to modify the technical specifications as appropriate.
4. MAINTENANCE AND SUPPORT
4.1. The Licensor is solely responsible for providing maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2. The Licenser and the end user acknowledge that the Services are not obligated to furnish maintenance and support services for the Licensed Application.
4.3 Our terms of service
5. USE OF DATA
You acknowledge that the Licensor will be able to access and adjust your downloaded Licensed Application content and personal information and that the Licensor's use of such material and information is subject to your legal agreements with the Licensor and the Licensor's privacy policy. You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies 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. It may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not 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 and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement. You have the written consent, release, and permission of each identifiable person in your Contributions to use the name or likeness of each such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate any third party's privacy or publicity rights. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors. Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap. 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 preceding violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sub-licenses of the preceding. The use and distribution may occur in any media format and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted. We do not assert any ownership over your Contributions. You retain full ownership of all your contributions and any associated intellectual property or other proprietary rights. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your contributions to the Licensed Application, and you expressly agree to exonerate us from any responsibility and refrain from any legal action against us regarding your contributions.
We have the right, at our sole and absolute discretion:
- To edit, redact, or otherwise change any contributions.
- To recategorize contributions and place them in more appropriate locations in the licensed application.
To prescreen or delete any Contributions at any time and for any reason without notice.
- We have no obligation to monitor your Contributions.
8. LIABILITY
8.1. The Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to use backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8.2. The Licensor takes no accountability and responsibility. When using Koko Face Yoga, information will be transmitted over a medium that may be beyond the control and jurisdiction of Koko Face Yoga and its third-party brands. Accordingly, Koko Face Yoga and its Licensors assume no liability for or relating to the use, delay, failure, interruption, or corruption of any data/content, including selfie images/photographs or other information collected or transmitted in connection with the use of the App. Koko Face Yoga App and the content are provided on an "as is" basis. Koko Face Yoga, ITS LICENSORS, AND ITS BRAND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES' RIGHTS FOR PARTICULAR PURPOSE. Koko Face Yoga, its licensors, suppliers, or any third parties mentioned on the Koko Face Yoga are not liable for any personal injury, including death, caused by your use or misuse of the App or Content. Any claims related to your use of the App or any content must be raised within one (1) year of the date of the event giving rise to such action occurring. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
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. The Licensor warrants that the Licensed Application works as described in the user documentation.
9.2. No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Licensor sphere of influence that affect the executability of the Licensed Application.
9.3. You must inspect the Licensed Application immediately after installing it and notify the Licensor about issues discovered without delay by email provided in Contact Information. If the defect report is emailed within one hundred twenty (120) days after discovery, it will be considered and further investigated. If we confirm that the Licensed Application is defective, the Licensor reserves the right to remedy the situation by solving the defect or substituting delivery.
9.4. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation concerning the Licensed Application and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.5. If the user is an entrepreneur, any claim based on faults expires after a statutory limitation period of twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply to users who are consumers.
10. PRODUCT CLAIMS
Licensor and the End-User acknowledge that the Licensor, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end-users possession and use of that Licensed Application, including but not limited to product liability claims; any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist-supporting" country and are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the Licensed Application, don't hesitate to get in touch with smile@kokofaceyoga.com.
13. TERMINATION
The license is valid until terminated by the Licensor or by You. Your rights under this license will terminate automatically and without notice from the Licensee if you fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
The Licensor represents and warrants that it will comply with applicable third-party terms of the Agreement when using a Licensed Application. By Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
The Licensor and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the end-user possession and use of that Licensed Application infringes on the third party's intellectual property rights, the Licensor, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1. If any of the terms of this Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated to achieve the primary purpose.
17.2. Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.