Terms of Service
Monogram LP (“MGLP," "we," "our," and “us” and terms of similar meaning) provides our website monogramsoftware.com (the "Site"), application and software, (the "Application") and our related services (collectively, the "Services") to you ("User," "you" or "your") subject to these terms and conditions of use. These terms and conditions of use together with the MGLP Privacy Policy (collectively, the “Terms”) govern your access and use of our Services.
Please read these Terms carefully before accessing or using the Services. By accessing or using the Services you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms and all policies and guidelines incorporated by reference in these Terms. If you are using the Services on behalf of a company, partnership, association, government or any entity or organization (“Organization”), you warrant that you are duly authorized to do so and that you are authorized to bind such Organization to these Terms. In such circumstances, “you” will include your Organization.
If you do not agree to be bound by these Terms in their entirety, you may not use the Services.
In the event that your use of the Services is subject to an applicable Enterprise Agreement, Master Services Agreement, Order Form or other agreement between you and us pertaining to your or your Authorized Users' (as defined below) use of the Services ("Enterprise Agreement"), then the terms of the Enterprise Agreement will prevail to the exclusion of these Terms (except as otherwise set forth in the Enterprise Agreement).
MGLP reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your registration information, if any, or we will post a notice in the Application, or on our Site.Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on the Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the Terms that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.
If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation; however, as provided in Section 4, subscription fees paid to MGLP hereunder shall be non-refundable.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.
The Services are not intended to be used by children. You must be at least eighteen (18) years old to use the Services. If we determine that a User is under the age of eighteen (18), we will terminate that User’s use of the Services.
1. Privacy Policy
Please refer to MGLP’s Privacy Policy, available at monogramsoftware.com for information on how MGLP collects, uses and discloses personally identifiable information from its users (the "Privacy Policy"). By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
2. Registration Data; Account Security
If you register for an account on the Services, you agree to: (a) provide true, accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); and (b) promptly update the Registration Data and any other information you provide to MGLP, to ensure it remains true, accurate and complete.The Application may allow you to add other authorized users to your account ("Authorized Users"). You are responsible for all activity on your account and for the activities of your Authorized Users, and to ensure your Authorized User's compliance with these Terms. You agree to keep your access credentials (such as passwords or other information required to access the Service) secure and confidential. You must immediately notify MGLP of any unauthorized use (or suspected unauthorized use) of your access credentials. You are responsible for all activity on your MGLP account (including by Authorized Users). The access credentials are the property of MGLP and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, and / or if you or any of your Authorized Users violate these Terms.
3. Limited Rights to Access and Use Services
Subject to the terms and conditions of these Terms, MGLP herby grants you a non-exclusive, revocable, non-transferrable, non-sublicensable and limited license to install, access and use the Application and the right to access and use the Services. Further, as a condition of using the Services, you and your Authorized Users must:
• not attempt to undermine the security or integrity of MGLP’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
• not use, or misuse, the Services in any way which may impair the functionality of the Application, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
• not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
• not use the Services to transmit any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
• not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation.
4. Fees; Charges; Taxes
Unless as otherwise provided in an applicable Enterprise Agreement, applicable subscription fees and any other charges for the use of the Services are described on the Site. They may change from time to time. If subscription fees change, we will use reasonable efforts to give you at least 30 days’ notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. Fees for payment transactions are subject to change without notice, unless otherwise prohibited, at the discretion of our payment platform partners. Current pricing is available at monogramsoftware.com. Except as may be expressly provided herein, all subscription fees paid to MGLP is non-refundable. Although great care is taken in the production of the Site and description of the Services, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. Unless otherwise stated, all prices are quoted and are payable in Canadian Dollars and are quoted before shipping charges, GST, PST, QST, HST or other applicable taxes which will be added on top of the quoted price, but itemized separately. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
5. Ownership, Copyright and TrademarksIn these Terms, the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content." Content submitted or uploaded by you or your Authorized Users to the Services, including monogram information, saved monogram information, profile information, dashboard information and streaks, through the Application is called “User Content." As between MGLP and you, User Content is your property. MGLP’s rights to that User Content are the licenses granted to it in these Terms at Section 5 hereof.Other than the User Content, the Services, all Content and all software available on or in respect of the Services or used to create and operate the Services is the property of MGLP or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MGLP. Except as otherwise provided expressly herein, any use of MGLP's name, logo or trademarks shall require MGLP's prior written consent. MGLP reserves the right to publicize the use of the Services by User and may publicly identify User and use User's logo(s) in connection with advertising and other promotional and marketing materials.Your User Content is your responsibility. We have no responsibility or liability for User Content, or for any loss or damage (including in respect of User data) your User Content may cause to you or other people. Although we have no obligation to do so, we have the sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services (e.g. to Authorized Users), you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
6. Your License of Your User Content to MGLP
By posting or distributing User Content to or through the Services, you: (a) grant MGLP and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content for the purposes of these Terms; (b) represent and warrant that: (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any applicable laws or the rights of or cause injury to any person or entity.
7. Our Limited License of Content to You
(a) Subject to these Terms, MGLP grants you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to view and access the Content strictly for the purposes of obtaining the Services from us. You may not: (i) modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content except as expressly permitted in these Terms; (ii) remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iii) use any data mining, robots or similar data gathering or extraction methods; and (iv) use the Services or the Content other than for their intended purpose.
(b) Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by MGLP at any time.
(c) You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law in Canada, the United States, and any country in which you are using the Services. These laws include economic sanctions. "Economic sanctions" means United Nations Security Council Resolutions requiring states to restrict or prohibit business activities with certain foreign states, individuals and entities of those states, and non-state actors, and the laws, regulations and policies that restrict or prohibit business activities with certain foreign states, individuals and entities of those states, and non-state actors.
(d) To request permission for uses of Content not included in this license, you may contact MGLP at contact@monogramsoftware.com.
8. Usage Data and Aggregated Derivative Data MGLP’s Application may contain technologies that monitor, record and report to MGLP regarding the use of the Application including but not limited to information concerning the type of devices used to access the Application, and the frequency, type and manner of use of the Services (collectively, “Usage Data”). You agree that MGLP may, in its sole discretion, collect and use Usage Data to support, maintain, and improve the Services and for MGLP's business purposes, and to enforce MGLP rights under the Terms. To the extent any Usage Data is or contains personal information within the meaning of applicable law, you hereby: (a) consent to MGLP’s collection, use and disclosure of such Usage Data for these purposes; and (b) represent and warrant that you have obtained the consent of any individual to whom such Usage Data relates to MGLP’s collection, use and disclosure of such Usage Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.
MGLP reserves the right to, and you agree that MGLP may, create anonymized aggregate data: (c) derived from or based on Usage Data, User Content and any reports or outputs generated by MGLP based on such data; and (d) derived from the workforce performance management metrics collected in connection with MGLP's provision of the Services in accordance with these Terms; provided that (i) such data does not include personal information and does not present which proportion of such data can be attributed to usage from your Authorized Users versus all Users of the Services; and (ii) MGLP has irrevocably removed from such data any association to you, or any Authorized User (collectively, "Aggregate Derivative Data").MGLP shall own the Aggregate Derivative Data and all intellectual property rights therein and thereto, and such data is not and shall not be deemed personal information.
9. Acceptable User Content
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
• any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• unsolicited promotions, political campaigning, advertising or solicitations;
• private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
• viruses, corrupted data or other harmful, disruptive or destructive files, links, or any other harmful content (downloads);
• content that, in the sole judgment of MGLP, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose MGLP or its affiliates or its users to any harm or liability of any type.
MGLP has a “zero-tolerance” policy towards SPAM: you may not use the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
10. No Responsibility for Third-Party Services, Sites or ContentAs a service to our users, the Site may contain links to third-party websites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
MGLP makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply MGLP’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. MGLP accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or websites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You acknowledge that MGLP is not a party to any agreement between you and the provider with respect to such Third-Party Materials and Third-Party Services and MGLP is not responsible for such Third-Party Materials and Third-Party Services, the content therein, or any warranties or claims that you or any other party may have relating to such Third-Party Materials and Third-Party Services or your use of them.
11. No Reliance
Our Content is provided for informational purposes only and is not a substitute for professional advice. You acknowledge that MGLP is not a hiring agency or a professional consultant or advisor in the field of employment or otherwise. You agree that MGLP is not responsible or liable for any actions undertaken by your Authorized Users, and we make no representations, warranties, or guarantees, whether express or implied, that our Services are fit for any particular purpose. As between you and MGLP, you are solely responsible for the acts and omissions of your Authorized Users, and in no event shall any Authorized User be considered an employee, contractor or agent of MGLP. Your use of the Services is at your own risk and neither MGLP nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the services.
12. Warranty Disclaimer
YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT (COLLECTIVELY, THE “MGLP SOLUTION”), AND ANY THIRD PARTY MATERIALS OR THIRD PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THESE TERMS, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MGLP, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (FOR PURPOSES OF THIS SECTION 12 ONLY, COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION, WARRANTY OR CONDITION THAT THE MGLP SOLUTION OR THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE OR WILL: (A) BE FIT FOR A PARTICULAR PURPOSE; (B) BE OF GOOD TITLE; (C) BE OF MERCHANTABLE QUALITY; OR (D) NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, THE SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE UPLP SOLUTION. SUPPLIERS DO NOT WARRANT THAT THE MGLP SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY YOUR BUSINESS OR OTHER REQUIREMENTS, OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
13. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against MGLP, its affiliates or subsidiaries, their sponsors, contractors, advertisers, suppliers, or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the MGLP Solution or any Third Party Materials or Third Party Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the MGLP Solution or any Third Party Materials or Third Party Services. You use the MGLP Solution or any Third Party Materials or Third Party Services at your own risk.Without limitation of the foregoing, neither MGLP nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the MGLP Solution or any Third Party Materials or Third Party Services, including without limitation any damages caused by or resulting from your reliance on the MGLP Solution or any Third Party Materials or Third Party Services or other information obtained from MGLP or any other Released Party or accessible via the MGLP Solution or any Third Party Materials or Third Party Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from natural disasters, communications failure, theft, destruction or unauthorized access to MGLP or any other Released Party’s records, programs or services.In no event shall the aggregate liability of MGLP, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the MGLP Solution exceed any compensation paid by you for access to or use of the MGLP Solution during the three months prior to the date of any claim. In no event shall MGLP have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the MGLP Solution or any Third Party Materials or Third Party Services.You shall defend, indemnify and hold harmless MGLP and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your or your Authorized Users' use of the MGLP Solution or any Third Party Materials or Third Party Services, including any claims made by any person that any of your or your Authorized Users' User Content infringes the rights, including the intellectual property rights, of any third party (collectively, “Indemnified Claims”). MGLP reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by MGLP in the defense of any Indemnified Claims.
14. Communications
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances and based on our discretion. For example, we may email you or telephone you at the contact information you provide in your Registration Data. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.Subject to the Privacy Policy, if you send to MGLP or post on the Site (and associated MGLP social media platforms) in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that MGLP can use the User Submissions without acknowledgment or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions or in any other form, you should not disclose them.
15. Applicable Law and Venue
You and MGLP explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content or the Services will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving MGLP and arising out of or relating to (a) these Terms; (b) the Site, the Content, or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content, or the Services; or (d) the relationships that result from these Terms or the Site, the Content, or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at contact@monogramsoftware.com. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Alberta.To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Edmonton, Alberta. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.If you choose to access the Services from locations other than Alberta, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify MGLP and the other Released Parties for your failure to comply with any such laws.
16. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, MGLP reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof and the rights of any third party (including Authorized Users) to which you have granted access to your User Content; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party (including Authorized Users) to which you have granted access to your User Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
17. Termination of Agreement
You and MGLP may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. When your MGLP account is terminated, your User Content is aggregated in accordance with Section 9. Subject to these Terms, we may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. If these Terms expire or terminate for any reason, Sections 5, 6, 7(c), 8, 9, 10, 11, 12, 13, 14, 15 and 18, and any representation or warranty you make in these Terms, shall survive indefinitely.18. MiscellaneousIf any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. MGLP may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of MGLP, and any such attempted assignment will be void and unenforceable. Subject to the terms of any Enterprise Agreement that are deemed in such agreement to apply to or interact with these Terms, these Terms constitute the entire agreement between you and MGLP regarding your use of the Services and the Content, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and MGLP regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
19. Apple Device Users This section applies to you if you are using Services on mobile devices branded by Apple, Inc. ("Apple"). If there is a conflict between this section and these Terms, this section shall apply.
(a) You hereby acknowledge that these Terms are concluded between MGLP and you only, and not Apple. As between MGLP and Apple, MGLP is solely responsible for the Application and the content thereof.
(b) The rights and licenses granted in these Terms are limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts.
(c) You hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Application.
(d) Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
(e) In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(f) By accepting these Terms, you here 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” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(g) The Application is provided by MGLP. MGLP's contact information is:
Email: contact@monogramsoftware.com
Mailing Address: Monogram LP PO Box 3028 Sherwood Park, AB T8H 2T1
Phone: 1-587-200-8906
(h) You must comply with applicable third party terms of agreement when using the Application.
(i) You hereby acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries to these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary hereof.