Terms of Service

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your country, if higher) and legally able to enter into these Terms. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation.

2. The Service

The Service provides software features such as a player, an electronic programme guide viewer, playlist and favourites management, settings sync, and (for supported sources) recording controls. All media and listings displayed in the app come from sources that you or a third party configure. We have no knowledge of, and do not monitor, review or endorse, the sources you add or the content available through them.

We may modify, suspend or discontinue any part of the Service at any time. We are not liable to you or any third party for doing so.

3. Your sources and content

By using the Service, you represent and warrant that:

• you have all rights, licences and permissions necessary to access, store and play any source, playlist, credential or content you add to the app;
• your use of any source complies with all applicable laws and with the terms of the provider that supplies it; and
• you are solely responsible for the sources you configure and for the consequences of accessing them.

Your use of the Service is also subject to our Acceptable Use & Content Disclaimer, which is incorporated into these Terms.

4. Licence to use the application (EULA)

Subject to these Terms, WiseTechSoftware LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use one copy of the Vodeora application on a device that you own or control, for your personal, non-commercial use. On the Apple App Store, this licence is further limited to use on Apple-branded devices as permitted by the Apple Media Services Terms and the Usage Rules therein.

You must not, and must not allow anyone else to:

• copy, modify, translate or create derivative works of the app, except as permitted by law;
• reverse engineer, decompile or disassemble the app, or attempt to derive its source code, except to the extent that this restriction is prohibited by applicable law;
• rent, lease, lend, sell, redistribute, sublicense or provide the app as a commercial hosting or service-bureau offering;
• remove or alter any proprietary notices, or use our names, logos or trademarks without our prior written permission;
• circumvent or interfere with security, licensing or rate-limiting features of the Service; or
• use the Service in violation of any applicable law or third-party right.

All rights not expressly granted are reserved by WiseTechSoftware LLC and its licensors. The Service is licensed, not sold.

5. Apple App Store — additional terms

The following applies where you obtain the app from the Apple App Store. These Terms are between you and WiseTechSoftware LLC only, not Apple, and Apple is not responsible for the app or its content.

• Scope. Your licence is limited to using the app on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. WiseTechSoftware LLC is solely responsible for providing any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support.
• Warranty. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); Apple has no other warranty obligation, and any other claims are the responsibility of WiseTechSoftware LLC.
• Claims. WiseTechSoftware LLC, not Apple, is responsible for addressing any claims relating to the app or your use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection or similar law.
• Intellectual property claims. WiseTechSoftware LLC, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the app or your use of it infringes that third party’s intellectual property rights.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
• Contact. Questions, complaints or claims regarding the app should be directed to info@vodeora.com.

6. Google Play and other stores

Where you obtain the app from Google Play or another distributor, your use is also subject to that distributor’s terms. If there is a conflict between those terms and these Terms regarding your use of the app, these Terms control as between you and WiseTechSoftware LLC, to the extent permitted.

7. Purchases and subscriptions

• Vodeora Pro and other paid features may be offered as one-time purchases or auto-renewing subscriptions, billed through your app store account.
• Subscriptions renew automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. You manage and cancel subscriptions in your app store account settings.
• Refunds are handled by the app store in accordance with its policies, except where a non-waivable legal right to a refund applies.
• We may change prices and the features included in a plan. Price changes apply to future billing periods and, where required, will be notified to you in advance with an option to cancel.

8. Intellectual property

The Service, including its software, design, text, graphics and the “Vodeora” name and logos, is owned by WiseTechSoftware LLC or its licensors and is protected by intellectual property laws. These Terms do not grant you any rights in our trademarks.

9. Third-party services

The Service may interoperate with third-party sources, services, add-ons and websites. We do not control and are not responsible for them, including their availability, content, accuracy or practices. Your dealings with third parties are solely between you and them.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY SOURCE OR CONTENT WILL BE AVAILABLE, LAWFUL IN YOUR JURISDICTION, ACCURATE OR UNINTERRUPTED, AND WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISETECHSOFTWARE LLC AND ITS OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE DURING THAT PERIOD OR (B) USD 25. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless WiseTechSoftware LLC from any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of or related to: (a) the sources, playlists or content you add to or access through the Service; (b) your violation of these Terms or the Acceptable Use Policy; or (c) your violation of any law or third-party right.

13. Termination

You may stop using the Service at any time and delete your account. We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms or the Acceptable Use Policy, if required by law, or to protect the Service or other users. Sections that by their nature should survive termination will survive.

14. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming and the applicable federal laws of the United States, without regard to conflict-of-laws principles. Subject to any mandatory law that provides otherwise, the state and federal courts located in Natrona County, Wyoming will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there.

Nothing in this section deprives you of the protection of the mandatory consumer laws of your country of residence, or of your right to bring proceedings in your local courts where such a right cannot be waived. To the extent permitted by law, disputes will be resolved on an individual basis and not as part of a class or representative action.

Legal notices and service of process may be sent to our registered agent: Republic Registered Agent LLC, 5830 E 2nd St, Ste 7000, Casper, WY 82609, USA.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, notify you in the app. Your continued use of the Service after the changes take effect means you accept the revised Terms.

16. General

• These Terms, together with the Privacy Policy and Acceptable Use Policy, are the entire agreement between you and WiseTechSoftware LLCregarding the Service.
• If any provision is held unenforceable, the remaining provisions remain in effect.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

17. Contact

WiseTechSoftware LLC
5830 E 2nd St, Ste 7000 #38630, Casper, Wyoming 82609, USA
Email: info@vodeora.com