This EULA is a legally binding document between the user ("You") and SecondPerspective Ltd., trading as Suji, a company registered in the United Kingdom, and its subsidiary Suji Sub Inc., registered in the United States ("Company," "We," "Us"), and not with Apple or Google, and Suji, not Apple or Google, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service.
Your use of Suji's mobile applications, hardware products, and associated services (collectively, "Products and Services") is conditional upon your acceptance of and compliance with this EULA. By accessing or using our Products and Services, you agree to be bound by this EULA.
1. Scope of License
1.1 License Grant
The mobile application provided by us ("Licensed Application") is the subject of this license. We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on any Apple-branded or Google-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions and the Google Play Terms of Service.
You shall not:
- Decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
- Remove identification, proprietary notices or labels from the Software or Hardware.
2. Maintenance and Support
We are solely responsible for providing any maintenance and support services for the Licensed Application, as specified in this EULA or as required by law. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
3.1 Hardware Warranty
We provide a 12-month warranty for hardware defects, limited to repairs or replacements as deemed necessary by us.
3.2 Software Warranty
The mobile application in its free version is provided "as is," without any warranty. Premium features come with a lifetime warranty so long as the subscription remains active. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the Licensed Application to you; any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
4. Data Collection, Protection, and Compliance
4.1 Types of Data Collected
We may collect various types of data in connection with the Licensed Application, including but not limited to:
- Personal Identification Information
- Usage and Device Information
- Location Data
4.2 Encryption and Security Measures
We employ AES-256 encryption for data at rest and HTTPS/TLS protocols for data in transit.
4.3 How Data is Used
Your data is used for various purposes including but not limited to:
- Providing and improving our Products and Services.
- Personalizing user experience.
- Communicating with you about updates, promotional offers, and other information.
4.4 Sharing of Data
We do not sell, trade, or rent your Personal Identification Information to others. However, we may share generic aggregated demographic information not linked to any personal identification information with our business partners, trusted affiliates, and advertisers.
4.5 User Consent
4.6 Data Breach Protocol
We implement reasonable security measures to protect your data, but we cannot guarantee its absolute security. In case of a data breach involving Protected Health Information ("PHI"), we will:
- Notify the affected users within 72 hours of discovering the breach.
- Report the breach to relevant regulatory bodies within 60 days, in compliance with HIPAA and other applicable laws.
- Conduct an internal investigation to determine the breach's scope and origin.
- Implement remediation efforts, such as security audits, software updates, and staff training.
4.7 User Responsibilities
Users must adhere to the following practices:
- Use strong, unique passwords for their Suji accounts.
- Never share account credentials.
- Regularly update account information.
- Logout of public or shared computers promptly.
5. Product Claims and Legal Compliance
We, not Apple or Google, are responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of the Licensed Application, including:
- Product liability claims.
- Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement.
- Claims arising under consumer protection, privacy, or similar legislation.
You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall SecondPerspective Ltd., its subsidiaries, affiliates, agents, directors, or employees be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Products and Services.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SecondPerspective Ltd. has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, SecondPerspective Ltd.'s liability in such jurisdictions shall be limited to the extent permitted by law.
7. Intellectual Property Rights
In the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringe upon intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
8. Third Party Terms of Agreement and Third Party Beneficiary
You must comply with applicable third-party terms of agreement when using the Licensed Application. Apple and Google, and their respective subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple and Google will have the right to enforce this EULA against you as a third-party beneficiary.
9. Developer Name and Address
For any questions, complaints, or claims regarding the Licensed Application, please contact:
SecondPerspective Ltd. (t/a Suji) Address: Biocity Scotland, Motherwell, Ml1 5UH
10. Governing Law
The Licensed Application and associated documentation qualify as "Commercial Items," as defined by 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, the Licensed Application and documentation are licensed to U.S. Government end-users only as Commercial Items and with the same rights that are granted to all other users pursuant to the terms of this EULA. Copyright laws of the United States reserve unpublished rights.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement and any disputes or claims arising out of or in connection with it are governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules.
If you are not a U.S. resident or citizen, and you reside and are using the Licensed Application in any European Union country, Switzerland, Norway, or Iceland, then local laws and jurisdiction apply to any dispute or claim arising from this EULA, without regard to conflict of laws principles.
This EULA specifically excludes the application of the United Nations Convention on the International Sale of Goods.
Failure to comply with any terms of this EULA will result in immediate termination of your license.
This EULA is effective until terminated by You or Us. By continuing to use our Products and Services, you are explicitly agreeing to the terms outlined above.