Terms & Conditions
END USER LICENSE AGREEMENT
Last Updated: October 1st, 2017
This Japan Analytics application (collectively with any documentation and updates, including those delivered automatically via Apple Inc.'s App Store, the "App") is made available by PD Analytics Pte. Ltd. ("PD Analytics," "we," "us," "our"), a Singaporean company. This End User License Agreement ("EULA") is between you, the individual installing the App ("you" or "your") and PD Analytics. This EULA is solely between you and PD Analytics, and not with Apple Inc. ("Apple"), and as between Apple and PD Analytics, PD Analytics is responsible for the App and the content thereof. You may be subject to other agreements that govern your use of Apple's products and services.
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS EULA. BY TAPPING THE "ACCEPT" BUTTON LOCATED ON THIS PAGE, YOU AGREE TO BE BOUND BY THIS EULA AND YOU CONFIRM YOUR UNDERSTANDING AND RECEIPT OF THIS EULA. IF YOU DO NOT AGREE WITH ALL TERMS AND CONDITIONS OF THIS EULA AND DO NOT AGREE TO BE BOUND BY THIS EULA, PLEASE CLICK "DECLINE". IF YOU DO NOT AGREE TO THIS EULA, YOU MAY NOT ACCESS OR USE THE APP OR THE DATA (DEFINED BELOW).
1. THIS EULA. We reserve the right to change this EULA from time to time at our sole discretion, and to provide you with notice of such changes by any reasonable means, including by making the revised version available through the App. You can determine when this EULA was last revised by referring to the "Last Updated" legend near the top of the EULA. If you continue to use the App following any change to this EULA, then you will have accepted the changes (provided that any material change to this EULA shall not apply retroactively to any claim or dispute between you and us in connection with this EULA that arose prior to the date of such material change). We may, at any time and without notice, modify or discontinue all or part of the App or Data; charge, modify or waive fees required to use the App or Data; or offer special opportunities to some or all App users. By using the App, you affirm that you are of legal age to enter into this EULA or, if you are not, that you have obtained parental or guardian consent to enter into this EULA. We may require you to update your version of the App, and future updates and releases may have new and different terms and conditions, which may be presented to you in a similar manner as these.
2. LICENSE; DATA. Subject to and conditioned upon your compliance with this EULA, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license, during the Term, to (a) install the App on any supported Apple iOS device that you own or control ("Your Devices"); (b) use the App as installed on Your Devices, in object code form only, solely for your own personal, non-commercial use and solely as permitted by the applicable usage rules set forth in the App Store Terms of Service; and (c) with respect to data (if any) that we make available to you through or in connection with the App, whether in the form of text, numerical data, graphs, charts, or otherwise (such data that we make available to you, the "Data"), access, use, print and send such Data, solely through the App, solely to the extent specifically enabled through the App and solely for your own personal, non-commercial use.
3. LICENSE RESTRICTIONS AND RULES OF CONDUCT. The App is licensed, not sold, to end users. In using the App and Data, you will comply with all applicable laws, rules, regulations, orders and other requirements, as well as all applicable terms of any third-party agreements (such as wireless service agreements), and will respect the rights and dignity of others. Without limiting the foregoing, you will not: (a) sell, resell, rent, lease, loan, reproduce, modify, adapt, create derivative works of, distribute, transmit, publicly perform, or publicly display, or exploit for any commercial purposes, any portion of, use of or access to the App or Data; (b) use the App, the Data or any portion thereof for commercial or institutional purposes, or incorporate the App, the Data or any portion thereof into any product or service (in each case, including Data that you print in hard copy form); (c) translate, decompile, disassemble or (except to the extent such prohibition is unenforceable under applicable law) reverse engineer the App or Data, or otherwise attempt to discover any portion of the source code or trade secrets embodied in or related to the App or Data; (d) remove any copyright, trademark, or other proprietary rights notice from the App or Data; (e) use the App or Data for any fraudulent or unlawful purpose, including to violate the legal rights of others; (f) impersonate or falsely state or misrepresent your affiliation with any person or entity in connection with the App, or express or imply that we endorse any statement you make; (g) interfere with or disrupt the operation of the App or the servers, software or networks used to make the App or Data available, or violate any requirements, procedures, policies, regulations, terms or conditions of the providers of such servers, software and networks; (h) transmit or otherwise make available in connection with the App any virus, worm, Trojan horse, time bomb, spyware, malware or other harmful or potentially harmful code or materials, or any material non-public information about a company without such company's authorization; (i) restrict or inhibit any other person from using the App or Data; (j) create a database or compilation by systematically downloading, storing, printing and/or sending Data; (k) circumvent any limitations on the quantity or type(s) of Data that can be accessed, used, stored, printed or sent through or in connection with the App, or, without a Subscription (defined below), attempt to access any Data or App functionality that is only available through a Subscription; or (l) use any robot, spider, search/retrieval application or other means to retrieve, index, "scrape," "data mine" or gather Data or reproduce or circumvent the navigational structure or presentation of the App or Data. For the avoidance of doubt, you have no rights to any source code of or any other code underlying the App.
4. OUR PROPRIETARY RIGHTS. PD Analytics owns all right, title and interest in the App and Data (including, without limitation, Data in text, numerical or graphical form), and no title to or ownership of the App or Data is transferred to you, under this EULA or otherwise. The App and Data may be protected by copyright, trademark, patent and/or other proprietary rights and laws. You will not infringe, violate or contest, and will take all steps and precautions necessary to protect, PD Analytics’ rights in the App and Data. Our trademarks and service marks include, without limitation, PD ANALYTICS, the PD Analytics logo, Accounting Visualized, the Japan Analytics logo and any associated marks and logos. All trademarks and service marks available in or through the App or Data that are not owned by us are the property of their respective owners. You may not use our marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All rights not expressly granted by PD Analytics to you in this EULA are expressly reserved to PD Analytics. You agree that any unauthorized use of the App or Data (including, without limitation, accessing, using, storing, printing or sending Data in excess of what we specifically permit you to access, use, store, print or send) would result in irreparable injury to us and our affiliates for which money damages would be inadequate, and that in such event we and our affiliates shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you.
5. SUSPENSION OR TERMINATION. Subject to and in accordance with Apple’s In-App Subscription Agreement, we may suspend, restrict or terminate your access to or use of the App, any Data, or any Subscription, at any time and for any reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA). The rights granted to you with respect to the App and Data will terminate immediately upon termination of or your violation of this EULA, and in such event, you will immediately cease using or exercising any other rights in the App and Data, remove the App and Data from Your Devices, and destroy any Data in your possession or control. We reserve the right to take any steps we believe are necessary or appropriate to enforce and/or verify your compliance with this EULA. We and our affiliates shall not be liable for any termination of your access to and/or use of the App or Data. Sections 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, and this Section 5, shall survive any expiration or termination of this EULA.
6. DATA AND OTHER INFORMATION; THIRD-PARTY RESOURCES. Certain Data provided through the App may have been independently obtained from outside sources, such as companies who make their data publicly available. Although PD Analytics attempts to confirm that the App and Data are complete, accurate and current, the App or Data may occasionally be incomplete, inaccurate, or out of date and may be subject to delays or omissions, and we make no representations as to the completeness, accuracy, or currency of the App or Data. ALTHOUGH THE APP AND DATA MAY CONCERN FINANCIAL MATTERS, THEY ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND NEITHER THE APP NOR THE DATA CONSTITUTE OR ARE INTENDED TO BE CONSTRUED OR RELIED UPON AS AN ENDORSEMENT OR RECOMMENDATION, FINANCIAL OR INVESTMENT ADVICE, OR AN OFFER OR SOLICITATION TO BUY OR SELL SECURITIES OF ANY KIND. Additionally, the App and Data provide links to third-party applications, sites and online resources. We are not responsible for and do not endorse any such applications, sites or resources. YOUR USE OF THIRD-PARTY APPLICATIONS, SITES AND RESOURCES IS AT YOUR OWN RISK.
a. In accordance with the terms of Apple In-App Subscription Agreement we offer a one-week trial which provides full access to data and functionality without purchasing a Subscription.
b. Subscriptions Through In-App Purchase. We offer you the ability to purchase a Subscription through the App via Apple's "In App Purchase API" functionality (each such Subscription, an "In-App Purchase Subscription"). In such case, you may be asked by Apple to supply certain information to Apple in connection with such In-App Purchase Subscription, which may include without limitation your credit card or other payment account number (for example, your wireless account number), your billing address and your shipping information. BY PURCHASING AN IN-APP PURCHASE SUBSCRIPTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. Our receipt of verification of information from Apple or its designee may be required prior to the acknowledgment or fulfillment of any In App Purchase Subscription. Except to the extent applicable law provides otherwise, all sales through the In-App Purchase API via the App are final and all charges from those sales are nonrefundable except as otherwise expressly set forth in this EULA. You may determine the time remaining on your Subscription using functionality available through the Apple Subscriptions API in the App.
c. General. Except to the extent prohibited by applicable law and in accordance with Apple’s In-App Subscription Agreement, we reserve the right to change Data and Subscription delivery options without notice. All Subscriptions are subject to this EULA and may be subject to additional terms that we post on or through the App or otherwise make available to you. If there is no wireless connection available for Your Device, you will only be able to use the App to access Data that has already been cached on or downloaded to Your Device, until a wireless connection is available for Your Device. Further, on occasion, technical and other problems may delay or prevent delivery to Your Device of Data that is part of a particular Subscription.
9. INDEMNITY. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold PD Analytics, its affiliates, and their respective directors, officers, employees, agents, representatives, licensors and providers (the "Indemnitees") harmless from and against all allegations, claims, actions, demands, causes of action and other proceedings ("Claims") arising out of (a) your use of, inability to use, or activities in connection with the App, the Data or any Subscription or (b) any violation of this EULA or any laws, rules or regulations by you or using Your Devices; and you agree to reimburse the Indemnitees on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any such Claim(s).
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
a. Generally. THE APP AND DATA ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE APP AND DATA, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. PD ANALYTICS, ITS AFFILIATES, APPLE, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY THAT THE APP OR DATA, OR ANY PART THEREOF, WILL BE ACCURATE, COMPLETE, ERROR-FREE OR CURRENT, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE (INCLUDING WITHOUT LIMITATION YOUR DEVICES) WILL BE COMPATIBLE WITH THE APP OR DATA. NEITHER WE NOR APPLE SHALL HAVE ANY OBLIGATION TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES WITH RESPECT TO, OR ANY UPGRADES OR NEW RELEASES OF OR TO, THE APP OR DATA. WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR: (I) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE APP OR THE DATA; OR (II) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE APP OR DATA, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION PROVIDED IN CONNECTION WITH YOUR USE OF THE APP OR DATA, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP OR DATA IS TO STOP USING THE APP AND DATA. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE APP AND DATA. Without limiting the foregoing, you agree to mitigate any damages or harm that you suffer or may suffer in connection with the App or Data or your use thereof. IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY WISH TO CONTACT APPLE TO DETERMINE ITS APPLICABLE REFUND POLICY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP. EXCEPT AS EXPRESSLY SET FORTH HEREIN, APPLE WILL BE RESPONSIBLE FOR NO OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
b. Certain Limitations. In the event of any claims by you or any third party relating to the App, or to your possession or use of the App, you agree that Apple shall have no responsibility for addressing, investigating, defending, settling or discharging such claims, including without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property infringement claims.
c. Wireless Limitations, Including Security. Use of and access to the App and Data may involve the electronic transmission of information across the networks of wireless service providers and/or Wi-Fi connections. Because PD Analytics does not operate or control such networks or connections, we are not responsible for limitations and/or failures in performance associated with, or the privacy or security of, such networks or connections. While we try to maintain the security of the App and Data, we do not guarantee that the App or Data, or your use thereof, will be secure. Additionally, third parties may make unauthorized alterations to the App or Data, and wireless connections may be interrupted, or features may be disabled, when attempting to access or use the App or Data.
d. Software, Hardware and Services and Related Fees. You agree that it is your sole responsibility to obtain and pay for any software, hardware and services (including internet connectivity, mobile carrier services and Your Devices) needed to use the App and Data, and to ensure that any software, hardware and services that you use will function correctly with the App and Data. Your mobile carrier's messaging, data and other rates and fees will apply to use of the App on Your Devices. Downloading, installing or using the App may be prohibited or restricted by your mobile carrier, and the App may not work with all mobile carriers or device models.
11. JURISDICTION. If you access the App or Data, you do so at your own risk, and you are solely responsible for complying with all local laws, rules, and regulations. We may limit the availability of the App and/or Data, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. PD Analytics does not guarantee that it will be possible to use the App in all geographic locations.
12. GOVERNING LAW; DISPUTE RESOLUTION. You hereby agree that this EULA, your use of the App and Data, and any claim or dispute arising in connection with this EULA or your use of the App or Data, shall be governed by and construed in accordance with the laws of Singapore, without regard to its principles of conflicts of law. You expressly agree that the State Courts of Singapore shall have sole and exclusive jurisdiction over any lawsuit arising from or in connection with this EULA and/or your use of the App or Data, and you shall raise no objections in relation thereto. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this EULA or to any dispute or transaction arising from this EULA.
13. EXPORT. By accessing, downloading or using the App, you represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree to abide by Singaporean, U.S. and other export control laws of the jurisdiction in which you reside and you agree not to transfer the App to a foreign national or foreign destination that is prohibited by such laws unless you obtain necessary governmental authorization therefor and comply with such laws. You represent and warrant to PD Analytics that you are not a person with whom PD Analytics is prohibited from doing business under any such laws.
14. MISCELLANEOUS. This EULA does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and PD Analytics. You may not assign, transfer, or sublicense this EULA or any of your rights or obligations under this EULA without our express prior written consent. We may assign, transfer, subcontract or sublicense this EULA or any of our rights or obligations hereunder without your consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This EULA hereby incorporates by this reference any additional terms that we post on or through the App and, except as otherwise expressly provided herein, this EULA is the entire agreement between you and us relating to the App and Data. If any provision of this EULA is held to be illegal, invalid or otherwise unenforceable, such provision will not affect the validity and enforceability of any other provision and will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this EULA, while the remainder of this EULA will continue in full force and effect. Notices to you may be made via posting to the App, by email, or by regular mail, in our discretion. We may also provide notice of changes to this EULA or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this EULA and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The English language version of this EULA is legally binding in case of any inconsistencies between the English version and any translations. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
15. THIRD-PARTY BENEFICIARIES. You agree that Apple and its subsidiaries are third-party beneficiaries under this EULA, and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this EULA is not subject to the consent of any third party.
16. CONTACT. Except as otherwise expressly provided herein, we (and not Apple) are responsible for addressing any claims or issues you may have relating to the App. If you have any questions, complaints or claims regarding the App or this EULA, please contact us at firstname.lastname@example.org or by telephone at +65 660-28188. Email communications are not necessarily secure, so please do not include sensitive information in any email to us. Our address is 10 Anson Road, #05-17 International Plaza, 079903 Singapore.
© 2017 PD Analytics Pte. Ltd. All rights reserved.