End User License Agreement
This End User License Agreement (“EULA”) governs your use of the Wren application (published as “Ask Wren”) and is a legal agreement between you and Orogénica Limited, a company registered in New Zealand (NZBN 94-29053678041) (“we,” “us,” or “our”). It supplements, and forms part of, our Terms of Service and Privacy Policy. If there is any conflict between this EULA and the Terms of Service on a matter this EULA addresses, this EULA controls for that matter.
By downloading, installing, or using Wren, you agree to this EULA. If you do not agree, do not use Wren.
1. Acknowledgment
This EULA is concluded between you and Orogénica Limited only, and not with Apple Inc. or Google LLC. Orogénica Limited — not Apple or Google — is solely responsible for Wren and its content. The app-store operator through which you obtained Wren has no obligation whatsoever to furnish any maintenance or support services for Wren.
2. Scope of license
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use Wren for your personal, non-commercial use on any Apple-branded or Android device that you own or control, as permitted by the App Store or Google Play Usage Rules and the applicable store terms. Except as permitted by those rules, you may not distribute or make Wren available over a network where it could be used by multiple devices at once. You may not transfer, redistribute, or sublicense Wren.
3. Maintenance and support
Orogénica Limited is solely responsible for providing any maintenance and support for Wren, as required under applicable law. Neither Apple nor Google has any obligation to furnish any maintenance or support services for Wren. You can reach us at hello@askwren.app.
4. Warranty
Wren is provided “as is.” To the maximum extent permitted by applicable law, we disclaim all warranties as described in our Terms of Service. In the event of any failure of Wren to conform to any applicable warranty, if you obtained Wren through the App Store you may notify Apple, and Apple may refund the purchase price (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to Wren. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are the sole responsibility of Orogénica Limited. This section does not limit your non-excludable rights under the Consumer Guarantees Act 1993 or other applicable consumer-protection law.
5. Product claims
Orogénica Limited, and not Apple or Google, is responsible for addressing any claims by you or a third party relating to Wren or your possession and use of it, including: (a) product-liability claims; (b) any claim that Wren fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation. This EULA does not limit our liability to you beyond what applicable law permits.
6. Intellectual property rights
In the event of any third-party claim that Wren or your possession and use of Wren infringes that third party’s intellectual property rights, Orogénica Limited, and not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by this EULA.
7. Legal compliance
You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address
Questions, complaints, or claims with respect to Wren should be directed to:
Orogénica Limited
NZBN 94-29053678041
hello@askwren.app
9. Third-party terms of agreement
You must comply with applicable third-party terms of agreement when using Wren (for example, your wireless data-service agreement, and the terms of the App Store or Google Play).
10. Third-party beneficiary
You acknowledge and agree that Apple, Google, and their subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, the store operator through which you obtained Wren will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.