Terms of Use (EULA)

Please read this software license agreement carefully. by installing or using the software you indicate acceptance of and agree to the terms and conditions of this agreement. if you do not agree to these terms and conditions, do not install or use the software. This agreement does not supersede any other written agreement between you and Alec Arshavsky.

This agreement (the “Agreement”) is made between Alec Arshavsky and you (the “Licensee”) and Apple Inc, has no responsibility under this Agreement whether for content, warranties, maintenance or support. By accepting this Agreement, you agree that Apple Inc is a third party beneficiary to this Agreement and that Apple hence may enforce the provisions of this Agreement against you as a third party beneficiary The terms and conditions of this Agreement are intended by the parties as a final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement unless such agreement is signed by both parties and does not by reference incorporate the terms and conditions of this Agreement. In the absence of such an agreement, this Agreement shall constitute the complete and exclusive statement of the terms and conditions and no extrinsic evidence whatsoever may be introduced in any judicial proceeding which may involve this Agreement. This Agreement may not be modified except by a written contract executed by both parties hereto.

SECTION 1. GENERAL PROVISIONS.

1.1 Software. For the purpose of this Agreement, the licensed computer software program(s) downloaded and/or installed pursuant to this Agreement and the supporting documentation for such will be referred to as the “Software”. The Software may contain portions of software being the sole property of third parties. Such software is provided subject to the terms and conditions of such third parties available at www.verdance.app.

1.2 License. Subject to the terms and conditions set out herein Licensee is hereby granted a limited, non-exclusive, non-transferable right to use the Software on one (1) hardware device and to use the online services (hereinafter referred to as the “Services”) that Alec Arshavsky will make available from time to time. Terms for using the Software on iPhone and iPod touch are subject to the Usage Rules set forth in the App Store Terms of Service. Alec Arshavsky may cancel Licensee’s access to the Services at any time if Licensee is in breach of this Agreement or fails to pay any applicable service fees. Licensee is not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the software to distribute spam or inappropriate content
  • Use the software to distribute negative messages or content related to Alec Arshavsky, its employees, and products being developed
  • Use the Software for any purpose that Alec Arshavsky considers is a breach of this EULA agreement

1.3 Intellectual Property. Alec Arshavsky shall at all times retain ownership of the Software as originally downloaded by Licensee and all subsequent downloads of the Software by Licensee. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Alec Arshavsky. Alec Arshavsky reserves the right to grant licenses to use the Software to third parties.

1.3 Restrictions. Alec Arshavsky reserves any and all rights, implied or otherwise, which are not expressly granted to Licensee hereunder, and retains all rights, title and interest in and to the Software. Licensee agrees that it has no right whatsoever to modify the Software or any portion thereof in any manner. Licensee shall not reverse engineer, decompile, disassemble, modify, adapt, rent, lease, loan or create derivative works based upon the Software or any part thereof. This does however not restrict any acts in relation to any parts of the Software which are licensed under the license agreements set out in Section 3.5, to the extent such acts are not possible to restrict under such license agreements. Licensee may not use or provide the Software as a managed service provider, application service provider, in any commercial time share arrangement, or in any activity intended to directly produce revenue without the prior written approval from Alec Arshavsky. Licensee may not resell the Software licensed hereunder nor use the software to provide consulting or training services to third parties. Licensee shall not assign the Software to a third party without the prior written consent of Alec Arshavsky.

1.4 Limitation of Remedies and Damages. IN NO EVENT WILL ALEC ARSHAVSKY, APPLE INC, OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF ALEC ARSHAVSKY OR APPLE INC OR AN ALEC ARSHAVSKY OR APPLE INC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ALEC ARSHAVSKY CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO ALEC ARSHAVSKY FOR THE SOFTWARE THAT CAUSED THE DAMAGES. NO ACTION MAY BE BROUGHT AGAINST ALEC ARSHAVSKY LATER THAN ONE (1) YEAR FROM OCCURENCE OF THE INCIDENT THAT CAUSED LICENSEE THE ALLEGED DAMAGES. The provisions of this Section 1.4 allocate risks under this Agreement between Licensee and Alec Arshavsky. Alec Arshavsky’s pricing reflects this allocation of risk and limitation of liabilities.

1.5 Nondisclosure. “Confidential Information” means the Software, the Services, source code, object code, trade secrets, know-how and any proprietary tools, proprietary knowledge or proprietary methodologies disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) and not generally available to the public, which the Receiving Party may gain access to or knowledge of as a result of this Agreement. The Receiving Party shall observe complete confidentiality with respect to the Confidential Information, and shall use commercially reasonable efforts and take all reasonable steps to protect the Confidential Information from any use, reproduction, publication, disclosure, or distribution except as specifically authorized by this Agreement. The Receiving Party shall promptly notify the Disclosing Party of any known unauthorized use or disclosure of the Confidential Information and will cooperate with the Disclosing Party in any litigation brought by the Disclosing Party against third parties to protect its proprietary rights.

1.6 Assignment. Licensee may not assign or transfer its rights or obligations under this Agreement without prior written approval by Alec Arshavsky and any purported assignment or transfer without Alec Arshavsky’s consent shall be null and void.

1.7 Injunctive Relief. Licensee hereby expressly agrees that Alec Arshavsky, in addition to any other rights or remedies which Alec Arshavsky may possess, shall be entitled to injunctive and other equitable relief without having to post bond or other security to prevent a material breach or continuing material breach of this Agreement.

1.8 Warranties. LICENSEE AND ALEC ARSHAVSKY AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” AND UNSUPPORTED, AND THAT NEITHER ALEC ARSHAVSKY NOR APPLE INC MAKES ANY WARRANTY AS TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. HENCE NO WARRANTY IS PROVIDED BY ALEC ARSHAVSKY, APPLE INC OR THEIR LICENSORS, WHO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.

1.9 Termination. This Agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Alec Arshavsky. It will also terminate or blocked immediately if you fail to comply with any term of this Agreement or violate the laws of your Country or State/Province/Region/Union/Prefecture. Upon such termination, the licenses granted by this Agreement will immediately terminate and you agree to stop all access and use of the Software. You agree that you will not be able to receive any refunds if your license has been terminated or blocked. The provisions that by their nature continue and survive will survive any termination of this Agreement The provisions of the preamble and Sections 1.3, 1.4, 1.5, 1.6, 1.7 and 1.9 shall survive termination of this Agreement for any reason whatsoever.

1.10 Application content. Alec Arshavsky is not liable for keeping the application content unchanged over time. All content included in the application may change at any time without further notice.

SECTION 2. THIRD PARTY CONTENT.

2.1 Third party content.  Alec Arshavsky is not liable for the content delivered by third parties. All content is delivered “AS IS” and unsupported.  Alec Arshavsky makes no warranties for future delivery of third party content. 

2.2 Third party services. The Software does use third party services that declare their own Terms and Conditions (including: Apple Maps). You must comply with applicable third party terms of agreement when using the Software. Your right to use the Software will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS (Apple) has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

SECTION 3. USER GENERATED CONTENT.

The Software may invite you to chat and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Software, 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 Software and through third-party websites. 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:

  1. 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, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Software, and other users of the Software to use your Contributions in any manner contemplated by the Software and these Terms of Use.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Software and these Terms of Use.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not include sexual or pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings.”
  12. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  13. your Contributions do not violate any federal or state law concerning pornography, or otherwise intended to protect the health or well-being of minors
  14. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  15. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

There is no tolerance for objectionable content or abusive users in the Software.

Any use of the Software in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Software.

Alec Arshavsky addresses all objectionable content within 24 hours.

SECTION 4. CHANGES TO THIS AGREEMENT.

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

By using the Software, you are subject to our Privacy Policy.

These terms and conditions are effective as of 6/1/2022

SECTION 5. LEGAL COMPLIANCE.

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

SECTION 6. DEVELOPER NAME AND ADDRESS.

Contact:

Alec Arshavsky

1170 E Ellicott Rd S

Calhan, CO 80808

We can be reached via email at verdancehelp@gmail.com

Verdance