By downloading or using the app, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all terms & conditions of this agreement. You should make sure, therefore, that you read them carefully before using the app.
You must be 18 years or older to use this app. You may not copy or modify the app, any part of the app, or trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights, data generated/collected by the app, and other intellectual property rights related to it, belong to Engineered Medical Technologies, Inc.
If you do not agree to be bound by this agreement, remove the tCheck app from your mobile device.
The tCheck app and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of tCheck, contact Engineered Medical Technologies, Inc.
Limitation of Responsibility
You will indemnify, hold harmless, and defend Engineered Medical Technologies, Inc. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Engineered Medical Technologies, Inc.’s Software.
In no event (including, without limitation, in the event of negligence) will Engineered Medical Technologies, Inc., its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, tCheck Android & iOS apps or the use or inability to use tCheck Android & iOS apps or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Engineered Medical Technologies, Inc.’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Engineered Medical Technologies, Inc. ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Engineered Medical Technologies, Inc.
Consent of Use of Data
You are entering this app Engineered Medical Technologies, Inc. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The tCheck app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the tCheck app won’t work properly or at all.
You should be aware that there are certain things that Engineered Medical Technologies will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Engineered Medical Technologies cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Engineered Medical Technologies cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Engineered Medical Technologies cannot accept responsibility.
With respect to Engineered Medical Technologies’ responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Engineered Medical Technologies accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Engineered Medical Technologies does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
We may update our User Agreement 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. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about this End User License Agreement, do not hesitate to contact us at firstname.lastname@example.org.