Cape is licensed to You (End-User) by Air Matters Network Pty Ltd, ABN 66 618 957 609, for use only under the terms of this Agreement.
By downloading the Licensed Application from Apple’s software distribution platform (‘App Store’), and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement. App Store is referred to in this Licence Agreement as ‘Services’.
The parties of this Agreement acknowledge that the Services are not a Party to this Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Air Matters Network Pty Ltd, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions (‘Usage Rules’). Air Matters Network Pty Ltd acknowledges that it had the opportunity to review this Agreement is not conflicting with them.
Cape when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Agreement. The Licensor reserves all rights not expressly granted to You. Cape is to be used on devices that operate with Apple’s operating systems (‘iOS’ and ‘iPadOS’).
1. THE APPLICATION
Cape (‘Licensed Application’) is a piece of software created to Hide your apps — and customised for iOS & iPadOS mobile devices (‘Devices’). It is used to Protect privacy, reduce distraction..
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENCE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Air Matters Network Pty Ltd’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Air Matters Network Pty Ltd’s prior written consent).
2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this Licensed Application.
4.2 Air Matters Network Pty Ltd and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
6.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download from App Store.
6.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Air Matters Network Pty Ltd’s sphere of influence that affect the executability of the Licensed Application.
6.3 If we confirm that the Licensed Application is defective, Air Matters Network Pty Ltd reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
6.4 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
6.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
7. PRODUCT CLAIMS
Air Matters Network Pty Ltd and the End-User acknowledge that Air Matters Network Pty Ltd, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s 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, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
8. LEGAL COMPLIANCE
You represent and warrant that 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 that You are not listed on any US Government list of prohibited or restricted parties.
9. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Air Matters Network Pty Ltd
The licence is valid until terminated by Air Matters Network Pty Ltd or by You. Your rights under this licence will terminate automatically and without notice from Air Matters Network Pty Ltd if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
11. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Air Matters Network Pty Ltd represents and warrants that Air Matters Network Pty Ltd will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the ‘Instructions for Minimum Terms of Developer’s End-User Licence Agreement’, Apple’s subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
12. INTELLECTUAL PROPERTY RIGHTS
Air Matters Network Pty Ltd and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Air Matters Network Pty Ltd, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
13. APPLICABLE LAW
This Licence Agreement is governed by the laws of Australia excluding its conflicts of law rules.
14.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
14.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
Last updated December 16, 2022