End User License Agreement

Last Updated: August 8, 2024
This End User License Agreement (“EULA”) is a legal contract between you and 123 Citizen, Inc. (“123 Citizen”) governing your use of the software application provided by 123 Citizen to access the services (“Application”). Terms not defined in this EULA will have the meanings outlined in the 123 Citizen Terms and Conditions of Use (“Terms”). Your use of the Application, as well as any future updates or enhancements, is also subject to the Terms. In the event of a conflict between this EULA and the Terms, the Terms will prevail.

PLEASE READ THIS EULA CAREFULLY. BY ACCESSING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SOFTWARE.

By using the Application, you consent to enter into binding agreements electronically. To the extent permitted by law, you waive any rights or requirements for non-electronic signatures or records.

1. License

Subject to this EULA, 123 Citizen grants you a limited, non-transferable, non-exclusive license (without the right to sublicense) to use the Application, in executable code form, solely on a device that you own or control, and only for personal, non-commercial use. This license does not transfer ownership of the Application. No implied licenses are granted under this EULA.

2. Restrictions

You agree not to, and will not allow others to: (a) license, sell, rent, lease, transfer, assign, distribute, transmit, host, outsource, disclose, or commercially exploit the Application; (b) copy or use the Application beyond the permissions in Section 1; or (c) modify, create derivative works, disassemble, reverse engineer, or attempt to discover the source code of the Application.

3. Ownership

The Application and all related copyrights, trade secrets, and intellectual property rights are the exclusive property of 123 Citizen and its licensors. All rights not expressly granted to you under this EULA are reserved by 123 Citizen and its licensors.

4. Term and Termination

This EULA is effective when you first download the Application and will continue until terminated. It may terminate automatically without notice if you fail to comply with its terms. You may terminate this EULA at any time by providing written notice to 123 Citizen. Upon termination, you must cease using the Application, but Sections 2 and 3 through 10 will survive termination.

5. Warranty Disclaimer

TO THE EXTENT PERMITTED BY LAW, 123 CITIZEN PROVIDES THE APPLICATION “AS-IS” AND DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 123 CITIZEN DOES NOT GUARANTEE UNINTERRUPTED USE OR THAT THE APPLICATION WILL BE ERROR-FREE.

6. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, 123 CITIZEN WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RELATED TO THE APPLICATION OR THIS EULA. 123 CITIZEN’S TOTAL LIABILITY SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50).

7. Export Compliance

The Application is subject to U.S. export control laws and may also be subject to regulations in other countries. You agree to comply with all applicable laws and assume responsibility for any required export or import authorizations.

8. General

You cannot assign this EULA or your rights under it. 123 Citizen may freely assign this EULA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. Notices may be provided to you by email. If any provision of this EULA is unenforceable, the remaining provisions will continue in full effect.
You agree that the Application contains proprietary information and that any violation of Section 2 may result in irreparable harm to 123 Citizen, for which monetary damages would be inadequate. Injunctive relief may be pursued for such breaches.
This EULA and the Terms represent the complete agreement between you and 123 Citizen regarding the Application.

9. Changes

123 Citizen may amend this EULA. Material changes will be communicated via email or by posting on the service. New users will be subject to the changes immediately. Existing users will be notified 30 days before the changes take effect. Continued use of the Application indicates acceptance of the new terms.

10. Questions or Additional Information

For questions or further information, please contact us at:
1601 Elm St 48th Floor, Dallas, TX 75201
Email Address: [email protected]

iTunes Addendum:

General
The following additional terms and conditions apply to you if you are using the Application from iTunes. To the extent the other terms and conditions of this EULA are less restrictive than, or otherwise conflict with, the terms and conditions of this Addendum, the more restrictive or conflicting terms and conditions in this Addendum apply, but solely with respect to the Application from iTunes.

Acknowledgement:

SimpleCitizen and you acknowledge that this EULA is concluded between SimpleCitizen and you only, and not with Apple, and SimpleCitizen, not Apple, is solely responsible for the Application and the content thereof. To the extent this EULA provides for usage rules for the Application that are less restrictive than the usage rules set forth for the Application in, or otherwise is in conflict with, the iTunes Terms of Service, the more restrictive or conflicting Apple term applies.

Scope of License:

The license granted to you for the Application is limited to a non-transferable license to use the Application on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the iTunes Terms of Service.

Maintenance & Support:

SimpleCitizen is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA (if any), or as required under applicable law. SimpleCitizen and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Warranty:

SimpleCitizen is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. 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; and 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 SimpleCitizen’s sole responsibility.

Product Claims:

SimpleCitizen and you acknowledge that SimpleCitizen, not Apple, is responsible for addressing any claims of 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 or similar legislation. This EULA does not limit SimpleCitizen’s liability to you beyond what is permitted by applicable law.

Legal Compliance:

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.

Developer Name & Address:

As provided in Section 10 of the EULA.

Third Party Terms of Agreement:

As provided in Section 10 of the EULA.

This Party Beneficiary:

SimpleCitizen and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.