END USER LICENSE AGREEMENT

Last updated January 22, 2021

ARE Inquizition is licensed to You (End-User) by ARE Inquizition, (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. ARE Inquizition, not Apple, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest https://www.apple.com/legal/internet-services/itunes/us/terms.html App Store Terms of Service

ARE Inquizition acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to you are reserved.    

THE APPLICATION ARE Inquizition (hereinafter: Application) is a piece of software created to be an educational study tool for the architecture licensure examinations  - and customized for Apple mobile devices. It is used to assist in memorization of topics pertaining to the architecture licensure examinations.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA). 

2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing. 

2.2  This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.  

2.3  You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with ARE Inquizition 's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with ARE Inquizition 's prior written consent).              

2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1  Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical  specifications mentioned above.

3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE OR SUPPORT

4.1  ARE Inquizition is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.

4.2 ARE Inquizition and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USER GENERATED CONTRIBUTIONS

The Application does not offer users to submit or post content. 

6. LIABILITY

6.1  Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

6.2  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

7. WARRANTY

7.1  Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation. 

7.2  No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of  ARE Inquizition's sphere of influence that affect the executability of the Application.              

7.3  You are required to inspect the Application immediately after installing it and notify ARE Inquizition about issues discovered without delay by e-mail. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ten (10) days after discovery.              

7.4  If we confirm that the Application is defective,   ARE Inquizition reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.          

7.5  In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.      

7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers. 

8. PRODUCT CLAIMS

ARE Inquizition and the End-User acknowedge that  ARE Inquizition, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:   

(i) product liability claims; 

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

9. LEGAL COMPLIANCE

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.      

10. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact: areinquizition@gmail.com

11. TERMINATION

The license is valid until terminated by  ARE Inquizition or by You. Your rights under this license will terminate automatically and without notice from  ARE Inquizition if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

ARE Inquizition represents and warrants that  ARE Inquizition will comply with applicable third-party terms of agreement when using licensed Application. 

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.   

13. INTELLECTUAL PROPERTY RIGHTS

ARE Inquizition and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights,  ARE Inquizition , and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.  

14. APPLICABLE LAW

This license agreement is governed by the laws of the State of  New York  excluding its conflicts of law rules. 

15. MISCELLANEOUS

15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.         

15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

PRIVACY POLICY

Last Updated January 25, 2021

Thank you for using our Service (“ARE Inquizition”). Your privacy is important to us. This notice explains our online information practices and the choices you can make about the way your information is used at our Service.

THE INFORMATION WE COLLECT

All personal details that you provide through the Service are safe, private, and secure. We respect the importance of information security and confidentiality, and do not disclose them to outside sources. We do not collect personally identifiable information about you, such as your name, address, telephone number, fax number, e-mail address, etc. 

For processing transactions, we collect either credit card information or bank information, depending on your form of payment, though we do not store any credit card information once your transaction is complete. 

We do automatically collect certain non-personally identifiable information when you visit our Service. We call this information “Anonymous Data”. Anonymous Data is non-personally identifiable information about your use or the aggregate use of all users that allows us to provide analytics and information on application or Instagram performance, trends, and other metrics that may be useful to users or us. Anonymous Data includes, but is not limited to, the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider (e.g. Comcast, Verizon FIOS, etc.), the country a mobile device is used in, the time zone of use, the type of mobile device, non-personally identifiable information about use or performance of an Instagram account, and similar information.

HOW WE USE THIS INFORMATION

We do not share your information with any third parties, with the exception of verified and secure e-commerce payment providers. When placing an order, our e-commerce provider handles your personal information and keeps it safe and secure. 

We use non-personally identifiable information to analyze site usage, which allows us to improve the design and content of our site. These activities may include, but are not limited to:

Administering, protecting, operating and maintaining the Service and our systems; Improving the navigation and content of our Service, system administration and security; Compiling aggregated statistics about the site usage and to better understand the preferences of our site visitors; Carrying out research and development to improve our services; Carrying out other legitimate business purposes, as well as other lawful purposes about which we will notify our visitors. 

SECURITY

We take precautions to protect your information. We use commercially reasonable efforts to maintain a secure data environment, however, we cannot guarantee the security of your personal information. Ordering online for an ARE Inquizition product or service is secure and convenient. We recommend you use the latest browsers to ensure that you are protected by advances in security technology. Only input credit or debit card information in the appropriately marked places in our registration materials. Please do NOT include this information in any other communication on our Messaging Services or other communication.

LOG FILES

Like most standard Services, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.

REVISIONS

We reserve the right to revise this policy or any part of it from time to time. Please review the policy periodically for changes. We will notify you of any material changes we make and you will have the opportunity to opt out at that time.

CONTACT

Should you have any questions concerning this Privacy Policy, you may contact ARE Inquizition at areinquizition@gmail.com