Terms and Conditions (EULA)
These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("End-User") and Netanel Shoshan ("Licensor") regarding your use of the Kash application ("Licensed Application"). By downloading, installing, or using the Licensed Application, you agree to be bound by these terms. If you do not agree to these terms, do not use the Licensed Application.
1. Acknowledgement
You and the Licensor acknowledge that this Agreement is concluded between you and the Licensor only, and not with Apple Inc. ("Apple"). The Licensor, not Apple, is solely responsible for the Licensed Application and the content thereof.
2. Scope of License
The Licensor grants you a revocable, non-exclusive, non-transferable, limited license to use the Licensed Application on any Apple-branded products that you own or control, strictly in accordance with the terms of this Agreement and the Usage Rules set forth in the Apple Media Services Terms and Conditions.
3. Maintenance and Support
The Licensor is solely responsible for providing any maintenance and support services for the Licensed Application as specified in this Agreement or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty
The Licensor 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 Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Licensor's sole responsibility.
5. Product Claims
You acknowledge that the Licensor, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Rights
In the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, the Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. 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.
8. Third-Party Beneficiary
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
9. Modification and Termination of Service
9.1 Right to Modify Services
We reserve the right to modify, suspend, or discontinue the Licensed Application (or any part thereof) at any time, with or without notice to you. This includes the right to limit, modify, or remove features that were previously available for free. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Licensed Application.
9.2 Right to Terminate Users
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Licensed Application for any reason, including, without limitation, breach of this Agreement. In the event of termination, your right to use the Licensed Application will immediately cease.
9.3 Paid Subscriptions & Refunds
If we discontinue the Licensed Application or a paid feature for which you have an active subscription, we may, at our sole discretion, provide a pro-rated refund for the unused portion of your subscription term. You acknowledge that our liability in such cases is strictly limited to the amount you paid for the unused service period.
9.4 Survival
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. No Financial Advice
Kash is provided for informational and educational purposes only. The Licensed Application does not provide financial, investment, tax, or legal advice. Any insights, summaries, trends, or recommendations shown in the app are general in nature and may not be appropriate for your specific situation. You are solely responsible for your financial decisions, and you should consult a qualified professional before making any financial decisions.
11. Contact Information
For any questions, complaints, or claims with respect to the Licensed Application, please contact: