End User License Agreement

1. Agreement

This End User License Agreement ("EULA") is between you and Clapback Labs, LLC, a Texas limited liability company doing business as ClapIn ("ClapIn," "we," "us"). It governs the ClapIn Studio and ClapIn Pass applications, including their web versions and any updates we provide (the "Apps"). By installing, opening or using an App, you agree to this EULA. The Apps are how you reach the ClapIn service, which our Terms of Use ("Terms") govern. The Terms are part of this EULA. If this EULA and the Terms conflict about the Apps themselves, this EULA controls. If you don't agree, don't install or use the Apps.

2. License

Subject to this EULA, ClapIn grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Apps on devices you own or control, for your personal use or for your organization's internal use in running or attending events. If you got an App from an app store, you may use it only as that store's usage rules allow.

3. Restrictions

You may not, and may not let anyone else:

• copy, modify or make derivative works of the Apps;
• decompile, disassemble or reverse-engineer the Apps, or try to extract their source code, except where the law expressly permits it despite this restriction;
• rent, lease, lend, sell, sublicense, distribute or otherwise make the Apps available to others, except by sharing an Event Code as the Apps are designed to work;
• remove or alter any proprietary notices in the Apps;
• get around any security or access control in the Apps, or use them to access an Event or data you aren't authorized to access; or
• use the Apps in breach of the Terms, including the acceptable-use rules.

4. Ownership

The Apps are licensed, not sold. ClapIn and its licensors own all rights, title and interest in the Apps, including all intellectual property rights. ClapIn, ClapIn Studio and ClapIn Pass, and their logos, are trademarks of ClapIn. Organizer branding shown inside an App belongs to that Organizer. The Apps include open-source components licensed under their own terms, which take precedence for those components.

5. Updates and availability

We may release updates that fix bugs, add or change features, or remove features. Some updates may be required to keep using the Apps. The Apps need an internet connection for many features. They are designed to keep working through short network outages, but we can't guarantee that every feature will work offline. ClapIn is in early access, as the Terms explain.

6. Privacy and permissions

Our Privacy Policy describes the information the Apps collect and how we use it, including the device permissions they ask for (camera for scanning, notifications, and Face ID or fingerprint, which is checked only on your device). You can withdraw a permission in your device settings at any time.

7. Termination

This license lasts until it ends. You can end it by deleting the Apps from your devices. It ends automatically, without notice, if you fail to comply with this EULA, and we may end it as the Terms allow. When it ends, you must stop using the Apps and delete them. Sections 3, 4, 8 and 10 survive.

8. Disclaimers, limits on liability and disputes

The Apps are provided "as is" and "as available," and the disclaimers and limits on liability in Sections 15 and 16 of the Terms apply to them.

Any dispute about the Apps or this EULA is resolved as Section 17 of the Terms describes, which requires individual arbitration and waives class actions, and which you can opt out of within 30 days.

9. Additional terms for Apps obtained from Apple

If you got an App from Apple's App Store, these terms also apply, and they override anything inconsistent in this EULA or the Terms:

1. Parties. This EULA is between you and ClapIn only, not Apple Inc. ("Apple"). ClapIn, not Apple, is solely responsible for the App and its content.
2. Scope of license. Your license is limited to using the App on Apple-branded products you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit, except that the App may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. ClapIn is solely responsible for providing maintenance and support for the App, as described in this EULA or as the law requires. Apple has no obligation to provide any maintenance or support for the App.
4. Warranty. ClapIn is solely responsible for any product warranties, whether express or implied by law, to the extent they aren't effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent the law allows, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are ClapIn's responsibility.
5. Product claims. ClapIn, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar laws.
6. Intellectual property. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, ClapIn, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
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 the U.S. Government has designated a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints or claims about the App go to ClapIn at hello@getclapin.com.
9. Third-party terms. You must comply with any applicable third-party terms, such as your wireless data service agreement, when using the App.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this EULA. When you accept this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.

10. Apps obtained from Google Play and general terms

If you got an App from Google Play, Google's terms for Google Play also apply to your download, and Google is not responsible for the App. You may not use the Apps in violation of U.S. export control or sanctions laws. The general terms in Section 18 of the Terms (including governing law) apply to this EULA.

11. Contact

Clapback Labs, LLC, doing business as ClapIn
Texas, United States
Email: hello@getclapin.com

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