This End User License Agreement (Agreement) governs the relationship between you and Flat Tomato (the Application). Questions, complaints or claims with respect to the Application should be directed to support@flattomato.com Jian Bu. Address No.13 Building, No.44 Yard, Hengqitiao Road, Fengtai District
Before accessing or using the Application you must agree to this Agreement and the Privacy Policy. You may also be required to register an account on the Application (an Account).
BY DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, USE, OR OTHERWISE ACCESS THE APPLICATION.
Subject to your agreement and continuing compliance with this Agreement, Flat Tomato grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to download, install, and use the Application on any Apple-branded products that you control as permitted by the Usage Rules set forth in the App Store Terms of Service for your own non-commercial entertainment purposes on a single mobile device owned or otherwise controlled by you (Mobile Device), except that the Application may be accessed and used by other Apple accounts associated with you via Family Sharing or volume purchasing. You shall not use your Account or the Application for any other purposes.
You agree that you will not, under any circumstances:
Copy the Application;
Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason;
Attempt to gain unauthorized access to the Application, Accounts registered to others, servers, or networks connected to the Application by any means other than the user interface provided by Flat tomato;
Post any information on the Application that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise determined by Flat Tomato to be objectionable or offensive or engage in ongoing toxic behavior;
Harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including other Application users and Flat Tomato employees; or
Collect or post anyoneÕs private information, including personally identifiable inI'm formation or financial information, through the Application.
Flat Tomato reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of this Agreement or the Application itself.
You may be required to select a password and other credentials to access your Account. You are solely responsible for maintaining the confidentiality of your password and login credentials. If at any time you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your password or login credentials, you must immediately notify Flat Tomato and change your password.
Flat Tomato reserves the right to remove any usernames at any time for any reason.
Flat Tomato reserves the right at all times to limit, suspend, terminate, modify, or delete Accounts or access to the Application if Flat Tomato determines or suspects that you are failing to comply with any terms of the Agreement or for any actual or suspected illegal or improper use of the Application. Termination of your Account will result in your loss, without compensation, of your username and persona in the Application, including any benefits, privileges, earned items, and purchased items associated with your use of the Application.
In the Application, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) virtual currency solely for use in the Application; (b) virtual in-app items, including the option to save your progress in the Application (collectively with virtual currency, Virtual Items); and (c) other goods or services (Merchandise). Virtual Items can only be purchased from Flat Tomato through the Application.
Flat Tomato may manage, regulate, control, modify, or eliminate Virtual Items and Merchandise available on the Application at any time, with or without notice. Flat Tomato has no liability to you or any third party in the event that Flat Tomato exercises those rights.
The transfer of Virtual Items and Merchandise by you is prohibited except where expressly authorized in the Application. Other than as expressly authorized in the Application, you shall not sell, purchase, redeem, or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS AND MERCHANDISE MADE THROUGH THE APPLICATION ARE FINAL AND NON-REFUNDABLE.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Flat Tomato may revise the pricing for the goods and services offered through the Application at any time. YOU ACKNOWLEDGE THAT FLAT TOMATO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE IS VOLUNTARY OR INVOLUNTARY.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application, your Account, or any Virtual Items or Merchandise within the Application, whether earned or purchased, under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Flat Tomato reserves and retains its entire rights, title, and interests in the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that when you download, install, or use the Application, Flat Tomato may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, or providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Flat Tomato may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, Updates). Updates may also modify or delete in their entirety certain features and functionality. You agree that Flat Tomato has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Application. Based on your Mobile Device settings and when your mobile device is connected to the internet:
The Application will automatically download and install all available Updates; or
You may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (Third-Party Materials). You acknowledge and agree that Flat Tomato is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Flat Tomato does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third partiesÕ terms and conditions.
The term of the Agreement commences when you download the Application and will continue in effect until terminated by you or Flat Tomato as set forth in this Agreement.
You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device and terminating your Account.
Flat Tomato may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination, all rights granted to you under this Agreement, including your license to use the Application, will also terminate.
Termination will not limit any of Flat TomatoÕ rights or remedies at law or in equity.
THE APPLICATION IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FLAT TOMATO, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, FLAT TOMATO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL (1) MEET YOUR REQUIREMENTS; (2) ACHIEVE ANY INTENDED RESULTS; (3) BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; (4) OPERATE WITHOUT INTERRUPTION; OR (5) MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; OR BE ERROR-FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF THIS AGREEMENT IS TERMINATED FOR ANY REASON, THIS DISCLAIMER OF WARRANTIES WILL SURVIVE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLAT TOMATO OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR ANY OTHER CONTENT FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FLAT TOMATO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF THIS AGREEMENT IS TERMINATED FOR ANY REASON, THIS LIMITATION OF LIABILITY WILL SURVIVE.
You agree to indemnify, defend, and hold harmless Flat Tomato and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneysÕ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application. Your duty to indemnify Flat Tomato survives any termination of this Agreement.
The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.
You 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.
The illegality, unenforceability, or invalidity of any term, clause, or provision of this Agreement will not affect any other term, clause, or provision, and the Agreement will continue in full force and effect and be construed and enforced as if such provision had not been included.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power in this Agreement operates as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
This Agreement and our Privacy Policy constitute the entire agreement between you and Flat Tomato with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
This Agreement is concluded solely between you and Flat Tomato, not Apple. Apple is not bound by this Agreement or the Privacy Policy, and to the extent any of the terms of the Agreement or Privacy Policy conflict with the App Store Terms of Service, such terms in the Agreement or Privacy Policy are void.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Flat Tomato.
You acknowledge that Flat Tomato, not Apple, is 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 claim that the 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 the ApplicationÕs use of the HealthKit and HomeKit frameworks.
In the event of any third party claim that the Application or your possession and use of the Application infringes that third partyÕs intellectual property rights, Flat Tomato, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third-party terms of agreement when using the Application (e.g. your wireless data service agreement with your service provider).
You acknowledge and agree that Apple, and AppleÕs subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.