The Impala Studio Apps (hereinafter: ‘App’ or ‘Apps’) are created by Impala Studios B.V., a limited liability company under Dutch law, having its principal place of business at Leidsevaart 16, (2013 HA) Haarlem, the Netherlands, registered at the Dutch Chamber of Commerce with number 34381964 (hereinafter: ‘Impala Studios’, ‘we’, ‘us’ or ‘our’).
Impala Studios is an app development studio that creates a wide variety of Apps. We deliver top-ranked Apps to world wide app stores. Our Apps are created for Apple platforms and operating systems (macOS/iOS/iPadOS) and devices (phone, tablet, watch, etc.). We create Apps that can be downloaded freely, functioning on the basis of an advertising model, as well as a paid version, or functioning on the basis of a subscription model that does not contain advertising. In general, if you do not want us to use your data to tailor the ads that are displayed within the App, you can choose to use the paid version of such App.
1. Use of Apps
1.3 You agree that Impala Studios is not responsible or liable for any content accessed from the App or third-party websites. You agree that you are solely responsible for (and that Impala Studios has no responsibility to you or to any third party for) your use of the App.
1.4 You acknowledge that the App may communicate with our servers from time to time to check for updates to the App, such as bug fixes, patches, enhanced functions, missing plug-ins, and new versions. By installing the App, you agree to such automatically requested and received updates.
1.5 You agree that we may stop (permanently or temporarily) providing the App (or any features within the App) to you or to users generally at our sole discretion, without prior notice to you. You agree that if we disable access to the App, you may be prevented from accessing the App or certain features within the App.
1.6 You may not distribute, publish, or send through an App: (1) any spam, including any unsolicited advertisements, solicitations, commercial messages, informational announcements, or promotional messages of any kind; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (7) any message that is categorized as ‘phishing’.
2. Intellectual Property Rights
2.2 We grant you a personal revocable, non-exclusive, non-transferable license to access and make personal use of our App. You may not download, reverse engineer, decompile, disassemble, or modify it, or any portion of it, except with our express written consent. The App may not be copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the App without our prior written consent. Your unauthorized use of the App will immediately terminate the limited license granted by Impala Studios.
3. No Warranties and Limitation of Liability
3.1 Impala Studios does not warrant that the App, its functions, or content will be uninterrupted or error-free, or that defects will be corrected. Impala Studios makes no representation or warranty as to the accuracy or fitness for use of any offers, advertisement or third party content presented in connection with the App. The App is provided on an ‘as is’ basis. You agree that your use of the App is at your sole risk.
3.2 Impala Studios will not be liable to you for any damages of any kind arising from your use or inability to use the App. Our liability for monetary damages for any claims that you may have against us is limited to the amount you actually paid for the App.
4. Applicable Law and Dispute Resolution
4.1 By using the App, you agree that the laws of the Netherlands will exclusively govern the construction of our agreement and any dispute of any sort that might arise between you and Impala Studios. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer, the choice of law only applies to the extent that there is no restriction with regard to mandatory rules of the country where you are domiciled or habitually resident.
4.2 In the event a dispute arises between you and Impala Studios, we will use reasonable endeavours to resolve such dispute amicably. If we cannot agree on a resolution, you agree that the dispute will be resolved through the Court of Amsterdam, the Netherlands, unless applicable mandatory law provides that you are entitled to address a court in another jurisdiction.
4.3 Any claim arising out of or in connection with your use of or inability to use the App must be brought within one (1) year after the event or such claim is barred.