End-User Licence Agreement

This EULA is a legal agreement between you and The Elements Limited for your use of the Op Spot mobile application (the “App”), whether you download the App from the Apple App Store or from Google Play. By downloading, installing or using the App you accept this EULA, and you will also be asked to accept it when you create an account. If you do not agree, do not download, install or use the App.

1. Licence

The Elements Limited grants you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on a compatible mobile device that you own or control, for your own personal, non-commercial use. Your use of the App is also subject to the terms of the app store you downloaded it from — see clause 9 (Apple App Store) and clause 10 (Google Play). Any future updates are governed by this EULA unless an update is supplied with its own licence.

2. What you must not do

You must not, except to the extent the law permits despite this restriction:

• use the App for any unlawful or unauthorised purpose;
• copy, reproduce, modify, adapt, translate or create derivative works of the App;
• sell, rent, lease, sub-licence, lend, distribute or otherwise make the App available to a third party;
• reverse engineer, decompile or disassemble the App, or attempt to circumvent any technical protection;
• introduce any virus or malware, or use the App in a way that could damage, disable or impair it or interfere with anyone else’s use;
• remove or alter any proprietary or branding notices; or
• authorise or help anyone else do any of these things.

3. Your account, sign-in and deletion

The App requires an account. You may sign in using Sign in with Apple. You can delete your account and associated personal information from within the App (Settings › Account › Delete Account). Where Sign in with Apple is used, deleting your account also revokes the associated Sign in with Apple tokens.

4. Maintenance and support

The Elements Limited is solely responsible for any maintenance and support for the App. Neither Apple nor Google has any obligation to provide maintenance or support for the App. Support enquiries: support@opspot.me.

5. Warranty and responsibility for claims

The Elements Limited is responsible for any product warranties for the App that are not, and cannot be, effectively disclaimed, and for addressing any claim by you or a third party relating to the App or your use of it — including product liability claims, claims that the App fails to meet a legal or regulatory requirement, claims under consumer protection or similar law, and claims that the App infringes a third party’s intellectual property rights. Nothing in this EULA limits any guarantee under the Consumer Guarantees Act 1993 that cannot lawfully be excluded.

6. Legal compliance

You represent and warrant that (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist-supporting” country; and (b) you are not listed on any US Government list of prohibited or restricted parties.

7. Termination

This licence applies until terminated. Your rights under it end automatically if you fail to comply with it. On termination you must stop using the App and delete all copies. The Elements Limited may also terminate the licence as set out in the Terms of Service.

8. Developer contact

Questions, complaints or claims about the App should be directed to The Elements Limited at support@opspot.me, or by post to The Elements Limited, c/- Sothertons Limited, Level 1, 2 Heather Street, Parnell, Auckland 1052, New Zealand.

9. Additional terms for the Apple App Store

The following terms apply if you downloaded the App from the Apple App Store. They are required by Apple; if they conflict with anything else in this EULA, they prevail for App Store downloads.

• This EULA is between you and The Elements Limited only — not Apple Inc. The Elements Limited, not Apple, is solely responsible for the App and its content.
• Your licence is limited to use of the App on an Apple-branded device that you own or control, and is subject to the Usage Rules in the Apple Media Services Terms and Conditions (including, where applicable, Family Sharing).
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Apple is not responsible for addressing any claims by you or a third party relating to the App or your use of it — including product liability, regulatory and intellectual property claims; those are the responsibility of The Elements Limited.
• Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and upon your acceptance of this EULA Apple has the right (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

10. Additional terms for Google Play

The following terms apply if you downloaded the App from Google Play. Your use of the App is also subject to the Google Play Terms of Service. Google is not a party to this EULA and is not responsible for the App or its content; The Elements Limited is solely responsible for the App, for any maintenance and support, and for addressing any claims relating to the App.

11. Governing law

This EULA is governed by the laws of New Zealand, subject to any consumer-protection law of the place where you live that applies despite this clause.