Intellimote for iOS

Terms of Use

Terms of Use

These Terms of Use ("Terms") govern your use of the Intellimote: Smart Remote application (“Intellimote” or “Application”) operated by Dariusz Niklewicz (“Developer”, “us”, or “we”).

By accessing and using Intellimote, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services. We may modify these Terms and the Privacy Policy at any time and such modification will be effective upon posting to the Application.

Subscriptions

Some parts of the Application are billed on a auto-renewable subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis. Your Subscription will be charged to your iTunes account at confirmation of purchase. Your Subscription will automatically renew at the end of your Subscription period unless canceled at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage your Subscription or turn off auto-renewal at any time from your iTunes account settings. Cancellation of the active Subscription period is not allowed. You can also upgrade or downgrade your Subscription plan using Application. All Subscriptions may be final and non-refundable. By accepting these terms, you agree that Developer is not required to provide a refund for any reason. Developer may change, modify, or eliminate features of the Subscription at any time, with or without notice. You agree that Developer will bear no liability to you or any third party if Developer does so.

Subscription Fee Changes

Developer, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will not go into effect automatically; you must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.

Third-Party Content

In some cases, Application may contain links to third-party web sites or services that are not owned or controlled by Developer. Application may display data provided by third-party services (like multimedia item's title) that are not owned or controlled by Developer.
Developer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Developer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Intellectual Property

Intellimote is owned and operated by Developer. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by Developer are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the Application are the property of Developer or its subsidiaries or affiliated companies and/or third-party licensors. All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Application shall be owned by Developer, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to Developer a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Application. All trademarks, service marks, and trade names are proprietary to Developer or its affiliates and/or third-party licensors. Except as expressly authorized by Developer, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. Developer reserves all rights not expressly granted in the Terms.

Limitation of Liability

In no event shall Developer, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Representations and Warranties

Your use of the Application is at your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance.
Developer, its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements. You understand that Intellimote may expose you to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Developer with respect hereto. Developer does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and Developer expressly disclaims any and all liability in connection with content and other materials.

Termination

You agree that Developer may terminate your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. Developer may also at any time discontinue providing access to Application, or any part thereof, with or without notice. You agree that any termination of your access to Intellimote or any portion thereof may be effected without prior notice, and you agree that Developer will not be liable to you or any third party for any such termination. Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application.

Changes to These Terms

You are advised to review these Terms of Use periodically for any changes. By using Intellimote, you agree to these Terms of Use and Privacy Policy.