uList Policies

PRIVACY POLICY

Your privacy is important to us, so we created the following Privacy Policy (“Policy”) to let you know what information we collect when you visit our Site https://ulist.app/ (“Site”) and use our App, why we collect it, and how we use it.

The terms “You,” “Your,” “Yours” and “User” refer to the entity/person/organization using our Site or App.

When this Policy mentions “We”, “Us,” and “Our” it refers to uList and its subsidiaries and affiliates.

This Privacy Policy is governed by our MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA).

For any questions regarding this Policy or any requests regarding the processing of personal data, please contact us at support@ulist.app.

1- INFORMATION WE COLLECT FROM YOU

We collect the information You provide to us and this information is necessary for the adequate performance of the contractual arrangement which is in place between You and us and allow us to comply with our legal obligations.

Account Signup Information. When You create the account, we ask You to provide the signup information, such as Email, Name, Surname, Phone, Username, Passwords, Personal Number, Address.
Communications, Chats, Messaging. When you communicate with us through email or any other way, we collect information about your communication and any information You choose to provide or disclose. In order to answer your request, we may access information provided by email, chats, purchase history, etc.
Payment Information. To order and use our features, we may require you to provide certain financial information in order to facilitate the processing of payments. We collect your Credit or debit card number, Credit or debit card type, Credit or debit card expiration date, Billing address, Tax number, Name and surname.
Login information. We collect Login information if You are logging to our account with Authentication Data.

2- INFORMATION WE COLLECT AUTOMATICALLY

When you use our Site, App or contact us directly we may collect information, including your personal information, about the way you act in our Platform, the services You use and how You use them.

This information is necessary for the adequate performance of the contract between You and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Site.

Log data and Device information. We automatically collect log data and device information when you access and use the Site or App, even if you have not created an Account or logged in. That information includes, among other things: Internet protocol (IP) addresses, Browser type, Internet service provider (ISP), Referring/exit pages, Operating system, Date/time stamp, Clickstream data.
Tracking technologies and Cookies. We use Cookies, Beacons, Tags, CI codes (click tracking), ISC (source tracking), ITC (item tracking codes), Phone model, Device ID, Customer number. We also automatically collect information about device’s operating system, .
Geo-location data. We collect information about your approximate location as determined by data such as your IP address to offer you an improved user experience. Such data may be collected only when you access the Site or App using your device.
Usage information. We use a tool called “Google Analytics” to collect information about your interactions with the Site and App (features you use, what pages you visit, such as the pages or content you view, your searches for Listings and recipes, bookings you have made, and other actions on the Site and on the App. In consequence, Google, Inc. plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site). For more information please visit Google.
Publicly available personal Information.

3- THE WAY WE USE YOUR INFORMATION

We process your information adhering to the general data processing principles.

We may use the information we collect through our Site for a number of reasons, including to:

to identify user
to create account
to create trusted environment
to create statistics and analyze market
to stay connected
to customize marketing
to send billing information
to manage user orders
to contact user
to improve services
to ensure data security and prevent fraud
to comply with applicable laws
to request feedback
to post testimonials
to provide support

We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate business interests.

4- DIRECT MARKETING

We may use your provided contact details for direct marketing. These direct marketing offers, depending on your preferences, may be personalized taking into account any other information which you have provided to us (e.g. location, social media profile information, etc.) or we have collected or generated from other sources as described below.

If you wish to withdraw the consent for direct marketing, and refuse to receive information from us, you may exercise such option at any time you wish by sending an email to support@ulist.app.

5- COOKIES

Cookies are small text files stored by your browser on your devices when you visit our Site and App. We use cookies to improve our Platform and make it easier to use. Cookies permit us to recognize users and avoid repetitive requests for the same information.

You may find more information about how to delete cookies, as well as the other useful information related to the use of the cookies, on the website http://www.allaboutcookies.org/.

6- SENSITIVE INFORMATION

We do not collect sensitive information such as political opinions, religious or philosophical beliefs, racial or ethnic origin, genetic data, biometric data, health data or data related a sexual orientation.

Please do not send, upload, or provide us any sensitive data and contact us using the contact details below if you believe that we might have such information. We have a right to delete any information we believe it might contain sensitive data.

7- THIRD PARTY LINKS

Our Site and App may have links to other websites. Please review their privacy policies to learn more about how they collect and use your personal data, because we do not control their policies and personal data processing practices.

8- THIRD PARTY FEATURES

Our application incorporates third-party services, APIs, and features to enhance its functionality and provide you with a broader range of services. These third-party providers have their own privacy policies addressing how they use such information. Please note that we do not have any control over the information that these third parties collect. Consequently, any information that you provide to these third-party APIs and features, either directly or indirectly via our application, will be governed by the privacy policies of those respective third-party services. We encourage you to review these third-party privacy policies to gain a better understanding of how your information may be used by them.

By using the App and the AI Feature, you provide your explicit and informed consent to the collection, processing, and sharing of your data as described in the EULA beneath. If you do not agree with these terms, you should refrain from using the AI Feature and can contact our customer support for options to continue using the App without the AI Features.

9- RETENTION

We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligation, resolve disputes, and enforce our agreements.

We will retain your personal information not longer than you keep your account, unless we are otherwise required by law or regulations to retain your personal information longer.

If you would like to stop us using your personal information, you shall request that we erase your personal information and close your Account. Please note that even after deletion of your account we may keep some of your information for tax, legal reporting and auditing obligations.

10-SECURITY

We have implemented security measures designed to protect the personal information you share with us, including physical, electronic and procedural measures. Among other things, we regularly monitor our systems for possible vulnerabilities and attacks.

Regardless of the measures and efforts taken by us, the transmission of information via internet, email or text message is not completely secure. We do not guarantee the absolute protection and security of your personal information or any other User Content you upload, publish or otherwise share with us or anyone else.

We therefore encourage you to avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm.

If you have any questions regarding the security of our Site or Services, you are welcome to contact us at support@ulist.app.

11- YOUR RIGHTS

You are entitled to a range of rights regarding the protection of your personal information. Those rights are:

The right to access the information we have about you. If you wish to access your personal information that we collect, you can do so at any time by contacting us using the contact details provided below.
The right to rectify inaccurate information about you. You can correct, update or request deletion of your personal information by contacting us using the contact details provided below.
The right to object the processing. When we rely on your consent to process your personal information, you may withdraw consent at any time by contacting us using the contact details provided below. This will not affect the lawfulness of processing prior to the withdrawal of your consent.
The right to lodge a complaint. You can raise questions or complaints to the national Data Protection Agency in your country of residence in the event where your rights may have been infringed. However, we recommend attempting to reach a peaceful resolution of the possible dispute by contacting us first.
The right to erase any data concerning you. You may demand erasure of data without undue delay for legitimate reasons, e.g. where data is no longer necessary for the purposes it was collected, or where the data has been unlawfully processed.

12- PUBLIC LISTS

When you select the option to make one of your lists public, as a recipe, you understand that all of its data, your profile info, and picture are going to be made available in a duplicate of your list to all of the uList users and this duplicate will also be exported to a web page accessible to any user on the Web.

You are not allowed to make lists public when they refer in any way to the following subjects:

Illegal content.
Content that might aid or contribute to any crime.
Content that results in harm to any individual, company or organization.
Any content that is forbidden by the App Store or Play Store
Any content you are not the author, doesn’t own the rights, or does not have the expressed permission to replicate.

If you make one of your lists public, like a recipe, you allow uList to replicate, spread, share or promote in any way or form in any channel or media.

All Copyrights related to the public lists available on uList belong to the author or any third party referred by the author. You are not authorized to replicate the content or use it outside of uList.

You understand that uList is not responsible, in any form, by any of the content of the public lists available on the platform, nor We guarantee any results.

13- APPLICATION OF POLICY

This Policy was created with the help of the TermsHub.io and the Privacy Policy Generator and applies only to the services offered by our Company. Our Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include our services or other sites linked from our Site or Services.

14- AMENDMENTS

Our Policy may change from time to time. We will post any Policy changes on our Site and, if the changes are significant, we may consider providing a more explicit notice (including, for certain services, email notification of Policy changes).

15- ACCEPTANCE OF THIS POLICY

We assume that all Users of this Site have carefully read this document and agree to its contents. If someone does not agree with this Policy, they should refrain from using our Site. We reserve the right to change our Policy at any time and inform by using the way as indicated in Section 12. Continued use of this Site implies acceptance of the revised Policy.

16- FURTHER INFORMATION

If you have any further questions regarding the data we collect, or how we use it, then please feel free to contact us at the details as indicated above.

Users from EU and EEA can easily contact our European representative: Lucas Ribeiro support@ulist.app

MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS MOBILE APPLICATION END-USER LICENSE AGREEMENT (“EULA AGREEMENT”) CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATION PROCESS OR USING THE APPLICATION, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Last Revised: 2021-11-18 17:45:58

1- OVERVIEW

This EULA agreement is a binding agreement, entered into by and between uList, registered address Av. Pres. Kennedy, 4121 – Portão, Curitiba – PR, 80610-905, Brazil (“TCL Sistemas Web Eireli”) and you, and is made effective as of the date you download, install or use the Application uList App (“Application”) or from the date of your electronic acceptance.

This EULA agreement sets forth the general terms and conditions of your use of the Application, provides a license to use TCL Sistemas Web Eireli Application and contains liability disclaimers. This EULA agreement’s terms also apply to any Application update, upgrade, internet-based service, and support service for the Application. Whether you are acquiring Application directly from TCL Sistemas Web Eireli or through TCL Sistemas Web Eireli authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge, and agree to be bound by this EULA agreement.

The terms “we”, “us” or “our” shall refer to TCL Sistemas Web Eireli. The terms “you”, “your”, or “User” shall refer to any individual or entity who accepts this EULA agreement, uses our Application, or has access to our Application.

TCL Sistemas Web Eireli may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Application after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.

BY DOWNLOADING /INSTALLING /USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR APPLICATION.

2- ELIGIBILITY

Our Application (uList App) is available only to Users who can form legally binding contracts under the applicable law. By downloading or using this Application, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Application e under the laws of the Brazil, USA or other applicable jurisdiction.

If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Application, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, TCL Sistemas Web Eireli finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this EULA agreement.

3- LICENSE GRANT

Subject to the terms of this EULA Agreement TCL Sistemas Web Eireli hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the TCL Sistemas Web Eireli Application (uList App) on your own, non-commercial use devices in accordance with the terms of this EULA agreement. The Application is being licensed to you and you hereby acknowledge that no title or ownership of the Application is being transferred or assigned to you and this EULA agreement is not to be construed as a sale of any rights of the Application.

You are permitted to load the TCL Sistemas Web Eireli Application (for example on a mobile, tablet or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the TCL Sistemas Web Eireli Application.

4- RESTRICTIONS

Without first obtaining the express written consent of TCL Sistemas Web Eireli, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Application.

You are not permitted to:

edit, modify, alter, adapt, or otherwise change the whole or any part of the TCL Sistemas Web Eireli Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other Application or any software, nor decompile, disassemble or reverse engineer the Application or attempt to do any of the listed actions,
copy, reproduce, duplicate, resell or distribute in any medium any part of the Application, except where expressly authorized by TCL Sistemas Web Eireli,
remove or alter TCL Sistemas Web Eireli trademarks or logos or legal notices included in the Application or related assets,
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application,
use the service to try to gain unauthorized access to any service, data, account or network by any means,
use the Application in any way which breaches any applicable local, national or international law,
use the Application for any purpose that TCL Sistemas Web Eireli, considers is a breach of this EULA agreement.

TCL Sistemas Web Eireli reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.

By using our Application you acknowledge and agree that your use of the Application, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules, and regulations.

5- INTELLECTUAL PROPERTY

No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. TCL Sistemas Web Eireli shall retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of TCL Sistemas Web Eireli.

In addition to the general rules above, the provisions in this Section apply specifically to your use of TCL Sistemas Web Eireli content used in the Application (TCL Sistemas Web Eireli content). TCL Sistemas Web Eireli content used in this Application, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein, are owned by or licensed to TCL Sistemas Web Eireli in perpetuity, and are subject to copyright, trademark, and/or patent protection.

TCL Sistemas Web Eireli content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of TCL Sistemas Web Eireli. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this EULA agreement.

6- COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when you download, install, or use the Application, TCL Sistemas Web Eireli may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7- USE OF ARTIFICIAL INTELLIGENCE (AI) SERVICES

The Application (“App”) utilizes artificial intelligence (“AI”) technology to enhance the functionality of our list-making and organization features (“AI Feature”). The AI Features may make external requests to our third-party AI service providers (“AI Providers”) to process your data for providing an enhanced user experience.

By using the App, you agree and acknowledge that some of your data, which might include personal and non-personal information necessary for the functionality of the AI Features, will be shared with our AI Providers. This data is shared for the purpose of providing, improving, and personalizing the AI Feature. It may also be used by our third-party AI service providers to train or improve their AI models.

By using the App and the AI Feature, you provide your explicit and informed consent to the collection, processing, and sharing of your data as described above. If you do not agree with these terms, you should refrain from using the AI Feature and can contact our customer support for options to continue using the App without the AI Features.

As a user, you are required to use the AI Features in a responsible and lawful manner. Misuse of the AI Features, including attempts to manipulate, exploit, or reverse-engineer the AI functionalities, is strictly prohibited.

You agree not to use the AI Features or any part of the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the AI Features and your Content (defined below), including but not limited to copyright laws.

You are prohibited from using the AI Features or the App for illicit activities, including but not limited to: (a) any activities that violate any third-party right, such as a copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) any activities that are fraudulent, false, misleading or deceptive; and (c) any activities that are defamatory, obscene, pornographic, vulgar or offensive.
Your violation of these terms may result in immediate termination of your access to the App, and may also subject you to legal penalties. We reserve the right to investigate and/or report your conduct to appropriate law enforcement authorities. If you have any questions about these responsibilities, please contact us at support@ulist.app.

Please note that your continued use of the App and the AI Feature following the posting of any changes to this EULA will constitute your acceptance of such changes. If you do not agree to the changes, you should discontinue your use of the App.

This section should be read in conjunction with our Privacy Policy, which provides further details on our data handling practices. If you have any questions about our use of AI or our data practices, please contact us at support@ulist.app.

8- UPDATES

TCL Sistemas Web Eireli may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that TCL Sistemas Web Eireli has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

the Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

9- THIRD-PARTY MATERIALS

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that TCL Sistemas Web Eireli is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TCL Sistemas Web Eireli does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions.

10- PUBLIC LISTS

You are not allowed to make lists public when they refer in any way to the following subjects:

Illegal content.
Content that might aid or contribute to any crime.
Content that results in harm to any individual, company, or organization.
Any content that is forbidden by the App Store or Play Store
Any content you are not the author, doesn’t own the rights, or does not have the expressed permission to replicate.

If you make one of your lists public, like a recipe, you allow uList to replicate, spread, share or promote in any way or form in any channel or media.

You understand that uList is not responsible, in any form, by any of the content of the public lists available on the platform, nor We guarantee any results.

11- TCL SISTEMAS WEB EIRELI USE OF USER CONTENT

The Application may allow you to create content such as videos, data, photographs, messages, graphics, text, and other information (“User Content”), and to share such User Content with TCL Sistemas Web Eireli or with other applications, sites, including social networking sites, as you may designate.

The provisions in this Section apply specifically to TCL Sistemas Web Eireli use of User Content posted to or through the Application.

You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it. You agree that any User Content that you share does not and will not violate third-party rights of any kind, including and without limitation any Intellectual Property Rights or rights of publicity and privacy.

With Respect to User Content, by posting or publishing User Content to or through the Application, you authorize Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Application and this EULA agreement.

By creating User Content through TCL Sistemas Web Eireli Application, you hereby grant TCL Sistemas Web Eireli a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Application, including without limitation for promoting and redistributing all or part of this Application in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Application a non-exclusive license to access your User Content through this Application, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Software and under this EULA agreement.

The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Application. You understand and agree, however, that TCL Sistemas Web Eireli may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.

TCL Sistemas Web Eireli generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this EULA agreement. TCL Sistemas Web Eireli may remove any item of User Content if it violating this EULA agreement, at any time and without prior notice.

12- USER SUBMISSIONS

With Respect to User Submissions, you acknowledge and agree that:

your User Submissions are entirely voluntary,
your User Submissions do not establish a confidential relationship or obligate TCL Sistemas Web Eireli to treat your User Submissions as confidential or secret.
TCL Sistemas Web Eireli has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

TCL Sistemas Web Eireli shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to the TCL Sistemas Web Eireli and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to or through the Software for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

13- DOWNLOADING THE APPLICATION FROM THE APPLE APP STORE

The following applies to the Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that (i) this EULA agreement is concluded between you and TCL Sistemas Web Eireli only, and not Apple; and (ii) TCL Sistemas Web Eireli, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms of Service.
You will use the App Store Sourced Application only (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of any App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TCL Sistemas Web Eireli and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TCL Sistemas Web Eireli.
You and TCL Sistemas Web Eireli acknowledge that, as between TCL Sistemas Web Eireli and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application in your possession and use of the App Store Sourced Application, including but not limited to (i) product liability claims; (ii) any claim that an App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and TCL Sistemas Web Eireli acknowledge that, in the event of any third party claim that an App Store Sourced Application or your possession and use of that App Store Source Application infringes that third party’s intellectual property rights, as between TCL Sistemas Web Eireli and Apple, TCL Sistemas Web Eireli, 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 agreement.
You and TCL Sistemas Web Eireli, acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA agreement and that upon your acceptance of this EULA agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA agreement.
By using the App Store Sourced Application you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Without limiting any other terms of this EULA agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

14- DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY TCL Sistemas Web Eireli, APPLICATION IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND DEFECTS AND TCL Sistemas Web Eireli, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.

TCL Sistemas Web Eireli MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. TCL Sistemas Web Eireli MAKES NO WARRANTIES THAT THE OPERATION OF THE APPLICATION WILL BE SECURE, ERROR-FREE, OR FREE FROM INTERRUPTION.

NO ORAL OR WRITTEN ADVICE PROVIDED BY TCL Sistemas Web Eireli OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

15- LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TCL Sistemas Web Eireli, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE APPLICATION, WHEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF TCL Sistemas Web Eireli OR ANY OTHER PARTY, EVEN IF TCL Sistemas Web Eireli IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL TCL Sistemas Web Eireli’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.

16- INDEMNITY

You agree to protect, defend, indemnify and hold harmless TCL Sistemas Web Eireli and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by TCL Sistemas Web Eireli directly or indirectly arising from (i) your use of the Application; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of Application.

17- AVAILABILITY OF APPLICATION

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Application on 24/7 basis. You acknowledge and agree that from time to time this Application may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Application on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.

18- TERMINATION

This EULA agreement is effective from the date you first download, install or use the Application and shall continue until terminated. You may terminate this Agreement by deleting the Application, your account, and all copies thereof from your Devices.

This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

TCL Sistemas Web Eireli reserves the right to cease offering or providing Application at any time, for any or no reason, and without prior notice. Although TCL Sistemas Web Eireli makes a great effort to maximize the lifespan of the Application, it might be, that the Application we offer will be discontinued. If that is the case, this EULA agreement will be terminated, and the Application will no longer be supported by TCL Sistemas Web Eireli.

Upon termination, all rights granted to you under this EULA agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

19- COMPLIANCE WITH LOCAL LAWS

TCL Sistemas Web Eireli makes no representation or warranty that all the content available on this Application is appropriate in every country or jurisdiction and use of this Application from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules, and regulations.

20- GOVERNING LAW

This EULA agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Brazil, Florida, to the exclusion of conflict of law rules.

21- TITLES AND HEADINGS

The titles and headings of this EULA agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

22- LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23- SEVERABILITY

Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

24- CONTACT INFORMATION

If you have any questions about this EULA agreement, please contact us by email at the following address:

uList
support@ulist.app