End-User License Agreement (EULA)
Last Updated: January 14, 2025
This End-User License Agreement ("EULA") is a legal agreement between you ("End-User" or "you") and CoachKong ("we," "us," or "our") for the CoachKong mobile application (the "Licensed Application"). By downloading, installing, or using the Licensed Application, you agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms, do not download, install, or use the Licensed Application.
1. Acknowledgement
This EULA is concluded between you and CoachKong only, and not with Apple, Inc. ("Apple"). CoachKong, not Apple, is solely responsible for the Licensed Application and its content. This EULA may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions ("Usage Rules"). CoachKong acknowledges that it has had the opportunity to review the Usage Rules and this EULA is not conflicting with them.
2. Scope of License
CoachKong grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license is for personal, non-commercial use only.
The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, as permitted by Apple's terms.
You may not:
- Distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time
- Rent, lease, lend, sell, redistribute, or sublicense the Licensed Application
- Copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application
- Use the Licensed Application for any commercial purposes
3. Maintenance and Support
CoachKong is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA 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
CoachKong disclaims all warranties about the Licensed Application to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, CoachKong, not Apple, shall be solely responsible for such warranty.
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 (if applicable). 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 CoachKong's sole responsibility.
5. Product Claims
You acknowledge that CoachKong, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to:
- Product liability claims
- Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
- Claims arising under consumer protection, privacy, or similar legislation
6. Intellectual Property Rights
You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, CoachKong, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this EULA.
7. Legal Compliance
You represent and warrant that:
- 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
- You are not listed on any U.S. Government list of prohibited or restricted parties
8. Developer Contact Information
Developer Name: CoachKong
Address: [Your Address]
Email: support@chiefkong.com
Phone: [Your Phone Number]
For any questions, complaints, or claims with respect to the Licensed Application, please contact us at the above information.
9. Third Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application (e.g., your wireless data service agreement).
10. Third Party Beneficiary
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.
11. Subscription Details
CoachKong operates on a subscription basis with billing occurring on a monthly or yearly cycle.
- iOS Users: We offer a 3-day free trial period during which iOS users can use our services without charge. After the trial period, your chosen payment method will be automatically billed according to our subscription plan unless you cancel your subscription.
You are responsible for all charges incurred on your account.
12. Disclaimers and Limitation of Liability
- Services Provided "As Is": Our services are provided on an "as is" and "as available" basis, with no warranties—either express or implied—for any services. To the maximum extent permitted by law, CoachKong disclaims all implied warranties, including, without limitation, warranties related to merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability: Under no circumstances shall CoachKong be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use or inability to use our services.
13. Indemnification
You agree to indemnify, defend, and hold harmless CoachKong, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of our services, or your breach of these Terms.
14. Termination and Modification
- Termination: We reserve the right to suspend or terminate your access to our services at any time without prior notice, especially if you violate these Terms.
- Modification of Terms: CoachKong reserves the right to update or modify these Terms at any time. Any changes will be posted on our website, and your continued use of our services after such modifications will constitute your acceptance of the new terms.
