This End User License Agreement (“Agreement”) is between you and Orto and governs use of this app made available through the Apple App Store. By installing the Orto App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Orto App.
1. Parties: This Agreement is between you and Orto only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Orto, not Apple, is solely responsible for the Orto App and its content.
2. Privacy: Orto does not collect any personal data about you. When you authorize with Sonos we are provided with access to view your Sonos system. We do not retain this data and have no way to personally identify our users.
3. Limited License: Orto grants you a limited, non-exclusive, non-transferable, revocable license to use the Orto App for your personal, non-commercial purposes. You may only use the Orto App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Monthly Subscription: Orto App features are only available to subscribers that purchase a 1 Month Subscription. Subscriptions are purchased via an Apple In-App Purchase. The 1 Month Subscription will auto-renew until cancelled by you.
5. Age Restrictions: By using the Orto App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Orto App does not violate any applicable law or regulation. Your access to the Orto App may be terminated without warning if Orto believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Orto App, you agree to be bound by this Agreement in respect to your child's use of the Orto App.
6. Warranty: Orto disclaims all warranties about the Orto App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Orto, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support: Orto does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Orto, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims: Orto, not Apple, is responsible for addressing any claims by you relating to the Orto App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Orto App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims: Orto shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Orto App. To the extent Orto is required to provide indemnification by applicable law, Orto, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Orto App or your use of it infringes any third party intellectual property right.