This End-User License Agreement (“EULA”) is a legal agreement between you (“End-User” or “you”) and SPHYNX Vault (“Developer,” “we,” “us,” or “our”) for the SPHYNX Vault application (“Licensed Application”), which you have downloaded from the Apple App Store, Google Play Store, or Chrome Web Store (collectively, “App Stores”).
By downloading, installing, or using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree to these terms, do not download, install, or use the Licensed Application.
IMPORTANT: IMPORTANT: This EULA is concluded between you and SPHYNX Vault only, and not with Apple Inc. (“Apple”), Google LLC (“Google”), or any other App Store provider. SPHYNX Vault, not the App Store providers, is solely responsible for the Licensed Application and its content.
Subject to your compliance with this EULA, SPHYNX Vault grants you a limited, non-exclusive, non-transferable, revocable license to:
Restrictions: You may not:
SPHYNX Vault is solely responsible for providing maintenance and support services for the Licensed Application. Support inquiries should be directed to the contact information provided in Section 12 below.
You acknowledge that Apple, Google, and other App Store providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
SPHYNX Vault warrants that the Licensed Application will function substantially as described in its documentation for ninety (90) days from the date of download.
Refund Policy: In the event the Licensed Application fails to conform to this warranty, you may notify the applicable App Store provider, and they may refund the purchase price (if any) for the Licensed Application in accordance with their refund policies. To the maximum extent permitted by applicable law, the App Store providers will have no other warranty obligation whatsoever with respect to the Licensed Application.
DISCLAIMER: EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE LICENSED APPLICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPHYNX VAULT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SPHYNX Vault.
You acknowledge that SPHYNX Vault, not Apple, Google, or other App Store providers, is responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to:
Nothing in this EULA limits SPHYNX Vault’s liability to you beyond what is permitted by applicable law.
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, SPHYNX Vault, not Apple, Google, or other App Store providers, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
All intellectual property rights in the Licensed Application, including but not limited to copyrights, trademarks, trade secrets, and patents, are and will remain the exclusive property of SPHYNX Vault.
The Licensed Application allows you to create, store, and organize text templates, prompts, and other content (“User Content”). You retain all ownership rights to your User Content.
By using the Licensed Application, you grant SPHYNX Vault a limited license to store, process, and transmit your User Content solely for the purpose of providing the services described in the Licensed Application.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into this EULA by reference. By using the Licensed Application, you consent to our Privacy Policy.
You represent and warrant that:
You must comply with applicable third-party terms of agreement when using the Licensed Application, including but not limited to:
You are responsible for any charges incurred through your wireless carrier or internet service provider in connection with your use of the Licensed Application.
For applications downloaded from the Apple App Store: 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.
For applications downloaded from Google Play Store or Chrome Web Store: You acknowledge and agree that Google and its subsidiaries are not third-party beneficiaries of this EULA. Google is not responsible for the Licensed Application or its content.
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term of this EULA.
Upon termination:
Sections 4 (Disclaimer), 5, 6, 11, and 13 shall survive termination of this EULA.
SPHYNX Vault
2108 N St, Suite N
Sacramento, CA 95816
United States
Email: getsphynxhelp@harmonizeops.com
Phone: (619) 387-0087
For questions, complaints, or claims with respect to the Licensed Application, please contact us at the above information.
Governing Law: This EULA shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Severability: If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Entire Agreement: This EULA constitutes the entire agreement between you and SPHYNX Vault regarding the Licensed Application and supersedes all prior agreements and understandings.
Amendments: SPHYNX Vault reserves the right to modify this EULA at any time. Continued use of the Licensed Application following any changes constitutes your acceptance of the modified EULA.
No Waiver: The failure of SPHYNX Vault to enforce any right or provision of this EULA will not constitute a waiver of such right or provision.
BY DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.