1.1. MasterEQ consists of educational content related to the topic of emotional intelligence (“MasterEQ App”). These materials have been developed and updated from time to time by psychologists. The lessons consist of modules that introduce psychological tools designed to address everyday life situations. The MasterEQ App contains tools that enable and help the engagement with the educational content, such as tests, a personalized learning path, weekly challenges, a mood tracker.
1.2. MasterEQ App is created and made available by Master EQ International Korlátolt Felelősségű Társaság, a company registered in Hungary (European Union), with its registered seat at: Alkotmány utca 36., 4243 Téglás, Hungary (E-mail address: hello@mastereqapp.com, Tax number: 28806723-2-09, Company registration number: 09-09-032101, Representatives: Mile Andrea, Mile Ferenc, Müller Helga Bernadett, hereinafter: “Master EQ” or “Us” or “We”).
1.3 THE MASTEREQ APP IS NOT INTENDED TO PROVIDE MEDICAL OR PSYCHOLOGICAL ADVICE. THE CONTENT AND THE APPLICATION ITSELF IS SOLELY FOR ENTERTAINMENT PURPOSES AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR OTHER ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE ABOUT YOUR MENTAL HEALTH OR WELL-BEING. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR APPLICABILITY OF THE CONTENT FOR ANY INDIVIDUAL SITUATION. USE AT YOUR OWN DISCRETION.
1.4. All content and the user interface of the MasterEQ App is only available in English.
1.5. Further information on the content, technical specification, restrictions, compatibility and other similar topics related to the MasterEQ App is made available on the Master EQ website and within the MasterEQ App (“Documentation”).
1.6. Should You have any question, request or remark, please feel free to contact us on the email address above.
2.1. These End User Terms and Conditions (“Terms”) govern all contracts between Us and our customers (including You) who use the MasterEQ App (hereinafter: “You”). If and to the extent You are entitled to use the MasterEQ App under a separate agreement concluded between Us and a business partner (for example your employer) or concluded between You and a third-party provider, certain terms may be superseded by that separate agreement.
2.2. Use of the MasterEQ App is subject to the acceptance of these Terms. Use of the MasterEQ App is governed by these Terms and no part of the MasterEQ App may be used in any way without accepting these Terms. Acceptance of these Terms is primarily performed by clicking on the checkbox indicating acceptance, without such acceptance, the use of MasterEQ App is prohibited. By accepting these Terms, You declare that You have read, understood, acknowledged and expressly accepted these Terms. The agreement between You and Us is not be deemed to be a written agreement under applicable Hungarian law.
2.3. We reserve the right to change MasterEQ App. We have the right, at our discretion, to make MasterEQ App and any version of it available on any platform, geographic area or distribution channel, to refrain from making it available, to limit or terminate its availability, and to change certain functions, content or related services, to make them unavailable or only available to a limited extent, in general or on a particular platform, distribution channel or geographic area.
2.4. The titles and headings used in these Terms are provided for convenience only and shall not affect the interpretation or construction of these Terms.
3.1. Subject to these Terms, We give You access to our educational content related to the topic of emotional intelligence, and related software and services enabling and helping the use of our content. The complete content and functionality is only made available to You on a fixed term subscription basis, which is subject to the payment of fees.
3.2. You may download the MasterEQ App free of charge, but – unless You purchase paid subscription – You will only have access to limited content, as set forth below. You will have to register in the MasterEQ App to use it.
3.3. Free Content: We give access to a limited amount of content (e.g. limited number of lesson) and functionality free of charge, which can be accessed upon downloading and installing the MasterEQ App and registration (“Free Content”). Currently, You are entitled to access 3 lessons free of charge without an active paid subscription. We have no obligations concerning any warranty, guarantee, indemnity, maintenance or support pertaining to Free Content, nor do we guarantee any availability or uptime. We may downgrade, limit or otherwise modify Free Content at any time without notice.
3.4. Subscription to the Full Content: You may access the full content and all related tools and functionality of the MasterEQ App available at the time of use (hereinafter: “Full Content”) on a subscription basis, which requires payment.
3.4.1. The Full Content of the MasterEQ App is available on the basis of fixed-term, continuous, non-suspendable and non-interruptible subscriptions. The subscriptions are fixed term, which means that We give access to You to the Full Content for a set period of time (“Subscription Period”). We will offer You multiple Subscription Periods of different length. Different Subscription Periods may be available for (pro rata) different prices. We are entitled to charge Your chosen payment method, before the start of any Subscription Period (including the renewal of Your subscription). During (and only during) a paid Subscription Period, You may access the Full Content of the MasterEQ App; without an active Subscription Period, You will be rejected access to the Full Content.
3.4.2. Subscriptions are automatically renewed at the end of each Subscription Period, unless You have cancelled it before the start of the new Subscription Period. This means that, after the expiry of each Subscription Period, an additional Subscription Period of the same length starts without notice to You or further consent from You. We hereby inform You that, due to the technical limitations, the removal of the MasterEQ App from Your device or the deletion of the User Account in the MasterEQ App does not result in the cancellation of the subscription for Full Content. This means that You must cancel the subscription in the Apple App Store. The cancellation of Your subscription will take effect on the day after the last day of the then-current Subscription Period, from which date You will only be entitled to access the Free Content and Your learning path, but You will not have access to certain other information in Your User Account (such as: Your test results). If you cancel your subscription, your information will still be stored by us. However, you may delete your account at any time, in which case we will delete the data associated with your User Account.
3.4.3. Before the start of any Subscription Period, You have to pay the fee applicable to the chosen Subscription Period (“Subscription Fee”) at the time of payment, as published by the Master EQ. If you do not cancel the subscription in due course, Your chosen payment method will be charged the then-current Subscription Fee for the Subscription Period. Should any such payment fail for any reason, We may (but not obligated to) grant You a limited grace period to remedy this and pay the Subscription Fee, without terminating Your access to the Full Content.
3.4.4. Subscription Fees are subject to change, We may unilaterally, and without notice change Subscription Fees. Such changed Subscription Fees will not be applicable to the Subscription Period in progress, but it will apply to any subsequent Subscription Period. This means that in case Your subscription is renewed automatically, the new Subscription Fee will be due and payable by You.
3.4.5. You may choose a different Subscription Period, which choice will come into force, and apply to the subsequent Subscription Period(s), but will not apply to the then-current Subscription Period in progress.
3.4.6. All Subscription Fees listed in the MasterEQ App are gross amounts, which include all costs incurred during the subscription period and VAT (or similar taxes), payable to the Master EQ.
3.5. We are not obligated to refund any fees already paid (even in the event of termination of the agreement between You and Us). The Subscription Period that has been started cannot be interrupted or discontinued based on Your request.
3.6. Furthermore, to the extent permitted by law, We may
3.6.1. make available a different set of Free Content,
and/or
3.6.2. make Full Content subscriptions available for different prices and/or for different Subscription Periods
based on geographical areas, time periods, platforms or other circumstances.
3.7. Free trial: new users can request a 3-day trial access to the Full Content of the MasterEQ App free of charge. After this 3-day trial period, if you do not cancel Your subscription during the trial period, a paid Subscription Period of Your choice will automatically start, the price for which will be automatically charged by Us on Your registered payment method. After registering in accordance with these Terms, You become entitled to access the Full Content of the MasterEQ App for a one-time, 72-hour continuous, uninterruptible trial period, starting at a time of the Your choice, without any charge. A precondition of this trial access is You providing all the declarations, data and information necessary for the subsequent non-free access and use of the Full Content of the MasterEQ App, and choosing one from the available Subscription Periods. If You do not cancel Your subscription during the trial period referred to in this point, We automatically act in accordance with Your declaration, and You will have to pay the Subscription Fee. If You do not cancel your subscription by the end of the 3-day trial period, You authorize Us to initiate payment of the Subscription Fee for the Subscription Period of his choice, in accordance with the payment method chosen by You. After the expiration of the 3-day trial period, if the Subscription Fee has been paid, You are not entitled to a refund. You are only entitled to the trial period (i.e. the free use of the Full Content of the MasterEQ App for 72 hours) under this point once, hence if within our reasonable discretion we determine that You already accessed the Full Content of the MasterEQ App as set forth in this point, We may refuse to give You access for an additional trial period.
3.8. Discounts, promotions: From time to time, We may, at Our sole discretion, offer discounts, special offers (hereinafter referred to as „Discounts„). We may inform You of the then-current Discounts during the use of the MasterEQ App on the interface of the application, as well as through in-app and push notifications. We are entitled to introduce and terminate Discounts and change the terms and conditions thereof at our sole discretion.
4.1. The MasterEQ App can only be used after registration. You can register with Your name and Your email address or by using Your Facebook, Apple or Google account. Any registration is subject to Our review and approval prior to the creation of the User Account; subject to the requirement of equal treatment, We may reject any registration and refrain from creating a User Account at Our discretion. After the approval of Your registration, We create an account for You (hereinafter: “User Account”), using which You will be able to access content, take notes and track Your progress. We are entitled to review registrations and, subject to the requirement of equal treatment, to withdraw consent to the registration, delete the User Account and prohibit further access to the MasterEQ App at Our discretion.
4.2. You are responsible for the accuracy and veracity of the information provided by You during the registration. If any data is untrue or if We have reasonable doubts as to the accuracy of the data, We are entitled to deny access to Your User Account and the Master EQ App without prior notice and without informing You of the reasons.
4.3. The User Account is non-transferable, You are the only person who is entitled to access and use the MasterEQ App with Your User Account.
4.4. The MasterEQ App may only be used by people over the age of 18. If You are under the age of 18 or not otherwise entitled to conclude a contract on Your own behalf (for example, due to the laws of You country) and You wish to use the MasterEQ App, these Terms (and any other necessary declaration) may only be accepted by Your legal representative or by You with the consent of Your legal representative.
4.5. The MasterEQ App may only be used in strict accordance with its Documentation, these Terms, its user manual, intended purpose, and as expressly permitted by the functionalities provided within the MasterEQ App. Commercial use of the MasterEQ App is strictly prohibited. You shall not: (a) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer, or provide access to the MasterEQ App to a third party, (b) use the MasterEQ App for the benefit of any third party, (c) incorporate the MasterEQ App or part of it into a product or service You provide to a third party, (d) interfere with any licensing mechanism in MasterEQ App or otherwise circumvent mechanisms in the MasterEQ App intended to limit Your use, (e) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any part of the MasterEQ App, except as permitted by applicable law, (f) remove or obscure any proprietary or other notices contained in any part of the MasterEQ App, or (g) publicly disseminate information regarding the performance of the MasterEQ App. When using MasterEQ App, You are responsible for the accuracy, correctness and legality of the data provided by You and Your right to provide such data. By uploading any data, You warrant that the use of the uploaded data does not infringe the rights of any third party. You are not entitled to receive or otherwise access in any way the object code, assembly code or source code of the MasterEQ App (with the exception of using the executable application). You are responsible for Your own conduct, acts of use of the MasterEQ App (and of anyone using Your User Account) and for keeping and maintaining Your identifiers, passwords and User Account confidential and to avoid third party access to them. You may only use the MasterEQ App on compatible devices (compatibility information is available in the Apple App Store page of the MasterEQ App, and it is subject to change).
4.6. We have the right to monitor the use of the MasterEQ App and to take any action We deem necessary (including the deletion of Your User Account) at Our sole reasonable discretion, without prior notice and without giving any reason, if We detect any user activity that is inconsistent with or contrary to the Documentation, these Terms, any user manual, intended purpose, any law or regulation.
4.7. You can delete Your User Account, in which case We will delete Your data that was accessible in the User Account, which means that You will not be able to recover such data. We hereby advise You to save the data You wish to keep prior to deleting Your User Account. Deletion of the User Account does not automatically result in the cancellation of Your subscription for Full Content.
4.8. New versions of the MasterEQ App: We are continuously developing the MasterEQ App, and provide You with updates and new versions. We are not be liable for Your use of any version of the MasterEQ App other than the latest publicly available version from the time the new version becomes available to the public if it contains a critical security fix and We have notified You of this, otherwise if it has been publicly available for more than 15 days. We may unilaterally and at our sole discretion decide to discontinue any previously available version of the MasterEQ App, regardless of the impact on the scope and nature of the content, functions and services available to the users. New versions may have different compatibility and system requirements.
5.1. The MasterEQ App, as intellectual property, is protected by law (including without limitation all available visual, audio, video and any other learning material, content, documentation and software). The MasterEQ App is the exclusive intellectual property of Master EQ (and its licensors), including in particular that We (and our licensors) are the exclusive owner of all relevant copyrights, trademarks, know-how and any other intellectual property rights, trade secrets. We do not sell, transfer or convey any intellectual property or rights thereto and We do not grant You exclusive rights or the right to modify any intellectual property or to create derivative works. We only grant the limited right of use expressly set forth in these Terms, and reserve all other rights. The MasterEQ App (including all content available therein) is for private, end-user use only.
5.2. You are granted a non-transferable, non-sublicensable, non-exclusive right to download the MasterEQ App from the Apple App Store and to install it on an unlimited number of compatible devices owned or used by You, and to use (run, display) it in the manner as expressly permitted by the functionalities provided within the MasterEQ App, without geographical limitation. It is forbidden to use the MasterEQ App in ways other than those expressly authorized herein (in particular, but without limitation it is forbidden to adapt, create a derivative work, reproduce, distribute, publicly perform, transmit to the public by broadcast or otherwise, retransmit to the public by any other means than by the original means it is transmitted by, adapt, exhibit, transfer).
5.3. The saving or printing of the contents of the MasterEQ App, or any part of it (e.g. learning materials), on physical or other media, is prohibited, any content may only be accessed and used as part of the MasterEQ App, as set forth in these Terms.
5.4. Any activity aimed at the delisting, systematization, archiving, hacking or decrypting of software, data or database is prohibited.
5.5. Third party intellectual property available in the MasterEQ App are subject to third party rights, and as such, terms and conditions other than these Terms may apply.
5.6. You cannot use trademarks, brand names, trade names (including registered and unregistered signs, e.g.: MasterEQ) and domain names appearing on certain interfaces of the MasterEQ App or related to the use of the MasterEQ App without Our express written permission.
We intend to settle any concerns that might arise in an amicable manner and We ask You to cooperate in reaching a mutually acceptable amicable resolution to any dispute or other matter. Master EQ’s primary place of business is located in Hungary, but the MasterEQ App is made available in multiple countries around the globe. The laws of Hungary apply to these Terms and any use of the MasterEQ App and the jurisdiction of the Hungarian courts having jurisdiction and competence at the place of the Master EQ’s registered seat is stipulated for the settlement of any disputes arising related to the use of the MasterEQ App and/or related to these Terms (provided that the consumer rights applicable in the given situation do not supersede this). Nothing herein is intended to supersede or restrict any consumer right You might have that cannot be superseded or restricted by these Terms; such rights shall be available to You.
7.1. If you experience any errors or problems, or if you have any concerns, you can browse our Frequently Asked Question menu for more information or further help. You may also contact Us regarding any issues, comments or complaints You may have experienced while using the MasterEQ App to hello@mastereqapp.com. You can report any data entry errors to the same email address.
7.2. We intend to remedy any complaint as soon as possible. If it is not possible to remedy the complaint immediately due to the nature of the complaint, or if You do not agree with the handling of the complaint, We will keep the record of the complaint for five years, including Our response to the complaint.
7.3. We will respond to your written complaint within 30 days.
7.4. If any complaint is rejected by Us, We will notify You of the reason for the rejection.
7.5. We intend to resolve any concerns that may arise in a reassuring and amicable manner. If We are unable to resolve an issue with You, as a consumer under applicable law, You may apply to the competent Hungarian conciliation board based on your place of residence or domicile, or to the Hungarian conciliation board based on our registered office. Additionally, You may initiate legal proceedings in court or submit a complaint to (or otherwise to initiate their proceedings of) any competent consumer protection authority that has jurisdiction for the matter. The following Hungarian conciliation board has competence based on Our registered seat:
CONCILIATION BOARD OF HAJDÚ-BIHAR COUNTY
(in Hungarian: HAJDÚ-BIHAR VÁRMEGYEI BÉKÉLTETŐ TESTÜLET)
Address: Vörösmarty u. 13-15., 4025 Debrecen, Hungary
Opening hours: Tuesday, Wednesday and Thursday: 9:00-12:00 and 13:00-15:00;
Phone number: 36-52-500-710, +36-52-500-745, Fax: +36-52-500-720
E-mail: bekelteto@hbkik.hu
7.6. There is no code of conduct applicable to Us as referred to in the Unfair Commercial Practices Act of Hungary.
8.1. ALTHOUGH WE CONTINUOUSLY IMPROVE THE MASTEREQ APP, AND AIM TO PROVIDE YOU WITH A GOOD LEARNING EXPERIENCE, THE MASTEREQ APP MAY CONTAIN ERRORS, BUGS, AND OTHER IMPERFECTIONS, AND THESE MAY LIMIT OR OTHERWISE ADVERSELY AFFECT YOUR USE. WE PROVIDE MASTEREQ APP, AS-IS, WITH ALL FAULTS, AND WE DO NOT PROVIDE ANY WARRANTY OR GUARANTEE BEYOND THE WARRANTY AND GUARANTEE RIGHTS TO WHICH YOU ARE ENTITLED UNDER THE LAW. WE DO NOT ASSUME ANY WARRANTY OR GUARANTEE IN RELATION TO YOUR PROGRESS IN THE LEARNING MATERIAL OR THE DEVELOPMENT OF YOUR SKILLS.
8.2. OUR TOTAL AGGREGATE LIABILITY (INCLUDING ANY (INCLUDING ANY STATUTORY INDEMNIFICATION UNDER APPLICABLE LAW OR ANY CONTRACTUAL INDEMNIFICATION OBLIGATIONS) SHALL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES YOU HAVE PAID TO US IN THE ONE-YEAR PERIOD BEFORE THE OCCURRENCE GIVING RISE TO THE DAMAGES.
8.3. FURTHERMORE WE SHALL NOT BE LIABLE FOR (I) THIRD-PARTY CLAIMS AGAINST YOU AND (II) ANY CLAIM RELATING TO THE USE OF THIRD PARTY PRODUCTS IN COMBINATION WITH THE MASTEREQ APP (III) FOR CLAIMS REGARDING SPECIFICATIONS OR INSTRUCTIONS GIVEN BY YOU, OR (IV) FOR ANY LOSS OF PROFIT, BUSINESS OR GOODWILL, LOSS OF OR CORRUPTION OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, FOR BUSINESS INTERRUPTION, FOR LOSS OF USE OF EQUIPMENT, FOR LOSS OF PRIVACY OR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. OUR THIRD-PARTY SUPPLIERS OR AGENTS OR LICENSOR SHALL HAVE NO MONETARY LIABILITY TO YOU FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THE AGREEMENT BETWEEN US AND YOU.
8.4. You are responsible for any activity related to your Apple account, Your User Account and any password You use.
8.5. The MasterEQ App may contain links to third-party websites or applications. All payment transactions related to the MasterEQ App will be processed and executed by third party service providers in accordance with the terms of use and other terms and conditions and the data processing and other policies and rules of such third party or parties. We recommend that You familiarize yourself with these documents. We are not liable for any act or omission or for the data processing or otherwise privacy related practices of any third party.
8.6. We intend to give access to the MasterEQ App with minimal interruptions; however, outages may occur from time to time. Unless otherwise provided by applicable legislation, we give no warranty regarding the uninterrupted accessibility of the MasterEQ App, or Your User Account. We are not liable for any damage Your computer or other property as a result of data connection errors, intermittent or permanent unavailability of content/service, these shall not be grounds for a refund.
8.7. We are not liable for any damage or injury which could have been avoided if the latest version of the MasterEQ App available at the time of its occurrence had been used, or which has arisen as a consequence of improper use, breach of contract or bad faith use.
8.8. We may be subject to non-excludable warranty and guarantee obligations based on e.g. Your citizenship or place of residence (in particular if You are a resident in the European Economic Area), which We accept and adhere to. Nothing in these Terms is intended to supersede such consumer rights. If any provision under this title – Liability and responsibility – cannot be applied due to a legal provision which does not allow for any derogation or for any other similar reason, the provision concerned shall be replaced by the closest legal provision which exclude our liability to the greatest extent possible or, if the former is not possible, limit it to the greatest extent possible (including, in particular, the exclusion of liability for indirect and consequential damages).
Persons in the European Union may have a right of withdrawal in case of products and service purchased online, with certain exceptions. This Section 9. is only relevant to You, if such legislation applies to You.
As soon as You pay the Subscription Fee, We give You access to the Full Content of the MasterEQ App, You can access any and all content We make available to Our users at that time without any restriction. When You subscribe to the MasterEQ App, You give consent to Us providing You access to the Full Content of the MasterEQ App, and You acknowledge and accept that You lose the right of withdrawal.
Acknowledging that You lose Your right of withdrawal will not affect any of Your other rights as a consumer and will not affect Your ability to cancel Your subscription.
10.1. We may amend and/or update these Terms from time to time with future effect and as necessary for technical, economic or legal reasons. We will notify You of any changes to these Terms as appropriate under the circumstances, e.g., by displaying a prominent notice within the MasterEQ App, by sending You a push notification or by sending You an email no later than 30 days before the proposed effective date. You may either approve or object to such changes before their proposed effective date. All changes shall be deemed approved by You, unless You object to the revision before the proposed effective date. We will expressly inform You of the proposed effective date in the announcement of such changes. From this effective date, the changes will apply to the agreement in force between You and Us; if You object to any revision, we will be entitled to terminate the agreement between You and Us, and terminate Your access to the Maser EQ App and delete Your User Account (without further notice or notice period).
10.2. We can amend and/or update these Terms unilaterally, without Your approval or consent for important reasons. We will notify You of such changes to these Terms and the reasons for them as appropriate under the circumstances, e.g., by displaying a prominent notice within the MasterEQ App, by sending You a push notification or by sending you an email no later than 30 days before the proposed effective date. You accept the following, as important reasons that give Us the right to amend or update these Terms unilaterally:
10.2.1. Updates with regards to changes in the features, content, user interface, structure, compatibility or other characteristics of MasterEQ App.
10.2.2. If the legal or other regulatory environment necessitates an update or amendment.
10.2.3. If required by order of a court or other authority.
10.2.4. Correction of inaccuracies, administrative errors, typos, calculation errors and unclear texts.
10.2.5. If the general terms of use or other governing rules of the platforms where the MasterEQ App is made available, or the technological environment makes this necessary.
10.2.6. Providing additional rights to You (including any updates and amendments that only affect You in a beneficial way).
10.3. In order to keep track of the changes, You are advised to visit Our website from time to time, where the previous versions of the texts are available in archived form.
10.4. Assignment. You may not assign these Terms or any rights or interest under any agreement between You and Us or delegate any obligations to be performed under these Terms, without the Our expressed prior written consent. We can assign, transfer, delegate any of Our rights and obligations under these Terms to third parties (including especially, but without limitation Our affiliates, such as parent company or subsidiaries) without Your consent, including but not limited to, in cases of corporate reorganization, merger, acquisitions, sale, or transfer of all or substantially all of company assets. Notification of any such assignment will be provided to You by reasonable means (e.g., via email).
11.1. Our users can receive system information and other notifications via email (if you provide us with Your email address), in-app notification and/or push notification (if You enable push notifications). You may choose to not provide us with Your email address (if You register with Your Facebook, Google or Apple account), and you may choose to not give us consent to send you push notifications, but in this case We will not be able to send You important notifications (such as notifications of the update of these Terms) using these channels. We will only send You newsletters or advertisements with Your consent .
11.2. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
11.3. No failure or delay by the injured party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.
12.1. The MasterEQ App is currently available on the Apple App Store, so You are also subject to the terms and conditions of the Apple App Store (which may supersede these Terms in case of contradiction, provided that the terms and conditions governing the use of the Apple App Store asserts this) and must comply with them.
12.2. MasterEQ App downloaded from Apple, Inc. (“Apple”) App Store, MasterEQ App may only be used on Apple-branded devices that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, unless otherwise set forth in the Apple Media Services Terms and Conditions. Subscriptions purchased using the Apple App Store are subject to Apple App Store refund policies. This means We cannot grant a refund if you made a purchase through the Apple App Store – please read Apple’s in-app purchase refund policy and/or contact store support. If You purchased an automatically renewing Subscription through the Apple App Store and would like to cancel it, you will need to do so in your Apple App Store account directly. Instructions can be found here: https://support.apple.com/en-gb/HT202039#third_party
12.3. If You download the MasterEQ App from Apple App Store or if You otherwise use it on any Apple-branded device, you acknowledge that You have read, understood, and agree to the following terms and conditions:
12.3.1. These Terms are concluded between You and Us, not with Apple, and Apple is not responsible for the MasterEQ App and the content in this application. If you need any support with respect to the MasterEQ App, please contact us, not Apple.
12.3.2. Apple is under no obligation to provide maintenance or support services regarding MasterEQ App, Apple has no warranty obligation with respect to the MasterEQ App. Apple is not responsible for addressing any claims by you or any third party relating to the MasterEQ App or Your access to or use, including: (i) product liability claims; (ii) any claim that the MasterEQ App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the MasterEQ App and/or Your possession and use of the application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the MasterEQ App.
12.3.3. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, as a third-party beneficiary of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You.
12.3.4. You hereby 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.
