PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING AGREEMENT AND CONDITIONS FOR YOUR USE OF THE SITE.
Authorization to Access Credit Report
You understand that by clicking on any “I AGREE” button on the Site, you are providing “written instructions” to Sontiq and Trans Union LLC authorizing Sontiq and Trans Union Interactive LLC to obtain information from your personal credit profile, including debts related to medical services, from TransUnion. You agree that the information you provide is true and correct, that you are the person whose credit report is being requested, and that you are at least the age of majority in your jurisdiction of residence. You authorize the above parties to obtain such information solely for the purpose of accessing your credit report to verify your identity in order to avoid fraudulent transactions in your name and to provide credit reporting, monitoring, scoring and other credit related products.
Depending upon the membership or other services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, “enroll”), we may permit you to be enrolled: (i) by telephone, (ii) at our Site, (iii) by some other method we expressly permit, or (iv) by a third party who is authorized to enroll you on your behalf (collectively, the “Enrollment Process”). If your membership is paid for by a third party, you will not be asked to provide payment information and you will not be charged for the membership program you enroll in. Otherwise, Sontiq will charge the membership fee and each renewal fee to your credit card or bank account, at the then prevailing rate and your membership will continue automatically. Sontiq will charge this membership fee to the credit card or bank account that was most recently used on the Site or otherwise provided at the time of registration. By submitting your credit card or bank account information to us, you hereby agree that you authorize us to charge your card or your bank account, as applicable, at our convenience but in any event within thirty (30) days of initial credit card or bank account authorization and thereafter automatically within thirty (30) days after each renewal date. Should your credit card or online check fail to authorize, you will be notified via email to the email address provided to us by you. The benefits of your membership (including, without limitation, online credit reports and monitoring alerts) may be suspended until payment is received. If payment is not received within sixty (60) days, any previous alerts you have received may be purged from our database, and your membership may be cancelled. You agree that Sontiq will not be liable to you or any third party for termination of your membership or access to the Site.
Subscription Term & Termination
Your subscription will commence as agreed at the time of sign-up with Sontiq. Your subscription will continue in full force for the length of the term you specifically purchased or on an indefinite term, billed monthly, until such time as you cancel the subscription as further explained below (the “Subscription Term”). In the event that you cancel a subscription in the middle of your Subscription Term, you are entitled to receive a refund for the unused portion of the remainder of that Subscription Term.
Sontiq will have the right, upon written notice to you, to terminate this Agreement, and suspend your access to your subscription, if: (a) you fail to pay Sontiq any amount due to Sontiq under this Agreement; and/or (b) you materially breach any term or condition of this Agreement. Sontiq shall have the right to terminate this Agreement and suspend your access to your subscription with or without cause, upon sixty (60) days written notice to you in which case you will no longer be charged for access to the subscription. Upon the expiration or termination of this Agreement for any reason, your access to, and use of, your subscription will terminate.
Communications with Credit Reporting Agencies
As a condition to purchasing any products, services or membership packages from Sontiq, you agree to authorize us to act as agent on your behalf and in your name for all purposes in communications and other dealings with any credit bureau to the extent necessary for Sontiq to deliver the products, services or packages purchased by you. The communications and other dealings may involve, amongst other things, placing a fraud alert on your credit file and opting out of marketing list sales.
Auto-Renewal of Membership
Certain memberships as indicated at the time of purchase, such as monitoring products and identity theft insurance will continue for an indefinite period without action by the member, and the membership fee is charged to the member on a monthly basis. An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is cancelled by the enrolled member as set forth in the paragraph below. By providing your payment method information for your subscription, you are agreeing to pay a subscription fee on a monthly basis at the then current rate, unless you cancel prior to the expiration of the current Subscription Term, and any applicable taxes and service fees (collectively, “Fees”). The Fees will be charged to your original payment method automatically at the beginning of your Subscription Term, and at the beginning of each applicable monthly period thereafter on the calendar day corresponding to the commencement of your current Subscription Term, unless you cancel your subscription or your account is suspended or terminated pursuant to this Agreement. The rate charged for each monthly period will be the then current subscription-rate. The Fees charged to your payment method may vary from time-to-time due to changes in your subscription plan or applicable taxes, and you authorize Sontiq to charge your payment method for these amounts. Sontiq reserves the right to change the pricing of subscription at any time. In the event of a price change, Sontiq will post the new pricing on the Site and notify you at least thirty (30) days in advance of such changes becoming effective by sending an email clearly setting out the change to the address you have registered for your account, and you may choose to either terminate your contract with us without penalty by letting us know no later than thirty (30) days after the changes take effect, or to continue under the new Sontiq Terms. You agree that we may change the pricing we charge you for your subscription and any products/services offered in your subscription package by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to you. If you do not wish to accept a price or subscription package change made by us, you may cancel your subscription as described below, otherwise you will be deemed to have consented to the price/subscription package change and authorize Sontiq to charge the new Fees to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Sontiq within sixty (60) days after they first appear on an account statement.
Cancellation of Membership
A member will have the right to cancel membership at any time upon notice to Sontiq. Please see our Refund Policy below. If you are a Canadian resident, you can cancel by phone at 1-877-798-1765 or, if you purchased your membership at https://secure.identityforce.ca/, you can cancel your membership from the Manage Account section of your member dashboard. If you cancel by phone, our customer service operators are available Monday-Friday, 8:00 a.m. ET until 5:30 p.m. ET. Upon cancellation, the member loses access to the areas of the Site designated for members only. This could include any credit and other data and analyses that have been displayed during your membership.
To purchase any products or services, you must be at least the applicable age of majority in your jurisdiction of residence. All prices displayed are quoted in Canadian dollars. Prior to the purchase of any products or services from us, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service (including subscriptions) that you order on the Site, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Sontiq will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
In order to enroll in, register for and receive one or more services or memberships, you must provide us with the full and accurate personal information that we require for the applicable services, which may include without limitation, your name, address, telephone number, email address, date of birth, driver’s license number, Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number. You agree to keep all personal information updated and accurate. In the event we do not receive all the required personal information during your Enrollment Process, you agree that we may, in our sole discretion, use our database, the database of our affiliates, or other resources to attempt to complete the required personal information on your behalf. If we are unable to obtain the required personal information or you fail to authenticate your identity as may be required, the services for which you have enrolled or registered from us may be limited. Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the services for which you have enrolled or registered.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, THAT YOUR ACCESS TO OR USE OF THE SITE DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT. FURTHER, IF YOU ENROLL IN OR USE OUR CREDIT MONITORING SERVICE AND/OR ANY OF OUR PROTECTION PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE PROVIDED US WITH YOUR VALID SOCIAL INSURANCE NUMBER (IN CANADA) OR OTHER NATIONAL IDENTIFICATION NUMBER (IF OUTSIDE OF CANADA), AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL AND BUSINESS ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID SOCIAL INSURANCE NUMBER/NATIONAL IDENTIFICATION NUMBER.
Methods of Payment, Credit Card Terms and Taxes
All payments must be made through your Visa, MasterCard, Discover or American Express. We currently do not accept cash or personal cheques, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT Sontiq, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Sontiq of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Sontiq does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Sontiq or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Sontiq shall automatically charge and/or withhold the applicable tax for orders in any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
All purchase transactions made through the Site are subject to Sontiq’s refund policy in effect at the time of purchase. Currently, Sontiq’s refund policy allows customers to cancel their plan at any time and receive a refund for any unused portion of a monthly fee that has been purchased through the Site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sontiq reserves the right at any time after receipt of your order to accept or decline your order for any reason. Except where prohibited by law (which may include the Province of Quebec), Sontiq further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Sontiq after you sign-up and accept this Agreement. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Sontiq has been effected until you receive a confirmation from Sontiq via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.
No Responsibility to Sell Mispriced Products or Services
We do our best to describe every item, product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Sontiq shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply.
Modification to Prices or Billing Terms
The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), Sontiq RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
You may not use the Site or any Content in a manner which is prohibited by this Agreement. All rights not expressly granted to you are reserved by Sontiq and its licensors and other third parties.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, MEMBERSHIP PACKAGES, SUBSCRIPTIONS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. EXCEPT TO THE EXTENT EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER Sontiq NOR ITS PARTNERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE USE THEREOF IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, FREEDOM FROM COMPUTER VIRUS OR OTHERWISE OR WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES; THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR FREE; THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THERE WILL BE NO UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION. IN ADDITION, EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THIS AGREEMENT UNDER THE SECTION ENTITLED “LIMITED WARRANTY”, Sontiq AND ITS PARTNERS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER Sontiq NOR ITS PARTNERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
IN NO EVENT SHALL Sontiq BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF Sontiq’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICES OR ANY DELAY IN PROVIDING SERVICES NOR SHALL Sontiq HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN.
YOU UNDERSTAND THAT WE ONLY MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR UNDER LICENSE TO US, BUT NOT ALL TRANSACTIONS, INCLUDING THOSE THAT MIGHT ENTAIL THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER’S INFORMATION, MAY BE MONITORED AND THE SCOPE OF THE NETWORK UTILIZED BY US TO PROVIDE ALERTS MAY CHANGE. YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THESE SERVICE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE SERVICES TO BE FULLY ACTIVATED.
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL THE LIABILITY OF Sontiq EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.
You agree to, and you hereby, defend, indemnify, and hold Sontiq harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ and other legal fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Sontiq, arising out of or in connection with: (i) your use of the Site and your activities in connection with the Site; or (ii) your breach or alleged breach of this Agreement or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) Sontiq’s use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Sontiq in the defense of any Claim and Losses. Notwithstanding the foregoing, Sontiq retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Sontiq reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sontiq.
The identity theft insurance benefit for members is underwritten and administered by Assurant and its affiliates under a master group policy issued in the name of Sontiq, Inc. for the benefit of members. A summary of the terms of coverage are set forth on your account dashboard under the “My Services” tab. The complete policy is available from Sontiq on request. Assurant administers all claims and Sontiq shall have no responsibility with respect to such identify theft benefit. Restoration services are provided by EZShield, Inc.
If you decide to register on our Site, become a member of one of our membership programs, purchase our products or services or participate in our partner programs, contests or surveys, you may be required to register, provide personal information, and select a username and password. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
While Sontiq takes reasonable measures to safeguard and to protect unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express or implied, that we will prevent unauthorized access to your private information.
10. Links By You to the Site
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Sontiq or cause any other confusion, and (c) the links and the content on your website do not portray Sontiq or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Sontiq.
11. Updates to Agreement
You should send any notices or other communications regarding our Site, your membership, products or services to Sontiq, Inc., 9920 Franklin Square Drive, Suite 250, Nottingham, MD, 21236, USA.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to update your registration information, please log in to your account or if a Canadian resident contact Customer Service at 877-798-1765.
14. Terms Applicable For Accessing The App Through An Apple Device
If you are accessing or using the Sontiq App through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
(i) To the extent that you are accessing the App through an Apple Device, you acknowledge that this Agreement is entered into between you and Sontiq and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in Section 1 of this Agreement is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the App.
(iii) You acknowledge that Sontiq, and not Apple, is responsible for providing the App and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.
(v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Sontiq, Sontiq and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) 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.
(ix) When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
(x) 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.