TERMS OF USE – LIFTit with Stephanie Sanzo

Last Updated: [06/10/2023]

These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the “Terms of Use”) apply to your use of (and subscription to) the LIFTit website, LIFTit mobile application (“LIFTit with Stephanie Sanzo App”) are all of which are part of LIFTit’s platform (the “Platform”).

These Terms of Use are entered into by and between you as a user (referred to as “User”, “you” or “your”) and Stephanie Sanzo Pty Ltd (ABN 81 627 425 389) and its affiliates (referred to as “LIFTit”, “we”, “us” or “our”), and supersede and replace any terms and conditions of services that you may have previously agreed with LIFTit in connection with the Platform.

Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.

For more details about LIFTit’s privacy practices, please refer to our Privacy Policy available at the following webpage: https://liftit.app/privacy-policy/

If you have any questions or concerns about our terms of use – please contact us by emailing hello@liftit.app

USER

ELIGIBILITY: By accessing or using the Platform, you confirm that you are of legal age in your country are not under 18 years old, and have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.
USER ACCOUNTS: To use certain features of the Platform, you will need to create a user account (each, a “User Account”) by providing your first name, an email address, your phone number, a password, your date of birth and other information that we may require from time to time. Please provide accurate and current information when creating your User Account. You can also create a User Account by using your Facebook credentials.
SECURITY: By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). LIFTit is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the LIFTit team in writing at hello@liftit.app of any unauthorised use of your User Account or any other breaches of security.
SUSPENSION & TERMINATION: LIFTit will have the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.You acknowledge and agree that these Terms of Use continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.

SUBSCRIPTION SERVICE

SUBSCRIPTION: You can choose to subscribe to the Platform either on a monthly, quarterly or annual basis, or for such other periods that LIFTit may offer from time to time, on the applicable app store from which the LIFTit App can be downloaded. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. LIFTit reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
PAYMENT DETAILS: You can pay the fees for your subscription on the LIFTit App by making a Stripe payment (using a credit card) on the Google Play Store, or through your Apple Account within the App Store (through in-app purchases). The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform). When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription.
RENEWAL OF SUBSCRIPTION: Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
CANCELLATION & REFUND SUBSCRIPTION FEES: You are entitled to cancel your subscription at any time. is Cancellation fees will be governed by the applicable terms and conditions of that app store. Subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws.

USE OF THE PLATFORM

By using the Platform, you confirm that you will not use the platform for any of the following:

Interfere with, disrupt, negatively affect or inhibit other Users from accessing or fully enjoying the Platform
Attempt to gain unauthorised access to other User Accounts
Undermine the security or integrity of the computing systems or networks on which the Platform is hosted
Attempt to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform
Providing the User Account information of another person to access or use the Platform
Transfers access or rights to your User Account to a third party
Defame, abuse, extort, harasses, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person

CONTRIBUTED CONTENT

(a) You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us and expressly agree not to submit or upload any Contributed Content which:

(i) advertises or promotes any services or brands (with respect to you or any third party);

(ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;

(iii) you know not to be true and honest, or which spreads false or misleading statements;

(iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;

(v) impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;

(vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;

(vii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;

(b) LIFTit has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion:

(i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use

(ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform

(c) You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws

(d) If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the LIFTit team at hello@liftit.app

AVAILABILITY OF SERVICES, SECURITY

LIFTit shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of LIFTit’s control. LIFTit will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
You acknowledge and agree that LIFTit shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
You must immediately notify the LIFTit Support Team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
Users may also be required to download and install updates to the LIFTit App so as to maintain access to the Platform and its services. A User’s failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.

INTELLECTUAL PROPERTY, USE LICENCE

LIFTit’s owns all trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, “Intellectual Property Rights”) in the Platform and the material published on and through it (except the Contributed Content) are owned by LIFTit, its licensors and other providers of such material and are protected by Applicable Laws.
You are not granted any right to use, and may not use, any of LIFTit’s Intellectual Property Rights, other than as set out in these Terms of Use and subject to the following conditions: (a) you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from LIFTit (b) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform
LIFTit reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.

THIRD PARTY SERVICES AND CONTENT

In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties (“Third Party Content”). Unless expressly stated otherwise, LIFTit does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.

Your dealings or correspondence with such third parties are solely between you and the third party. LIFTit is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that LIFTit is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.

LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY

LIMITATION OF LIABILITY: Nothing in these Terms of Use shall exclude or restrict LIFTit’s liability for: (a) death or personal injury resulting from the negligence of LIFTit; (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws
ASSOCIATED PARTIES: In no event shall LIFTit, its affiliates and its and their respective shareholders, members, directors, officers, employees, representatives, suppliers and contractors be liable for any: (a) indirect or consequential loss; or (b) loss of profit, business opportunity, anticipated savings, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms of Use
DISCLAIMER: (a) To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of LIFTit are provided on an “as is” and “as available” basis and LIFTit expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, LIFTit does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components. (b) The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, LIFTit is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
INDEMNIFICATION: To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand LIFTit and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly: (a) your use of, or conduct in connection with, the Platform; (b) your breach of these Terms of Use or any other policy; (c) the Contributed Content you provide; or(d) your violation of any Applicable Laws or the rights of any other person or entity. You will provide LIFTit and the Associated Parties with any assistance that LIFTit and the Associated Parties reasonably requests in defending any such action or proceeding.

MEDICAL WAIVER

Upon creating an account (which is required to access / use the Platform), you must agree to our medical waiver, which states:

I am voluntarily using this App and choosing to participate in the fitness activities provided by LIFTit, Stephanie Sanzo, & all other directors, employees, agents and representatives involved in this App (hereby referred to as “LIFTit”).

I understand and acknowledge that there are inherent risks associated with physical exercise and the use of fitness applications, including but not limited to the risk of injury, illness, or death.

I recognise that these risks may arise from my own actions or negligence, the actions or negligence of others, or from the conditions and use of the facilities, equipment, or services.

I understand and acknowledge that LIFTit is not liable for any injuries, damages, claims, liabilities, expenses, or losses, including but not limited to medical expenses, arising out of or in connection with my use of this App or participation in any fitness activities.

I hereby release & discharge the LIFTit from any and all claims, actions, suits, demands, liabilities, and expenses, whether known or unknown, arising out of or in connection with any injury, illness, or harm that may occur as a result of my use of this App or participation in any fitness activities, regardless of negligence or fault.

I understand that LIFTit does not provide medical advice or services, and I am solely responsible for consulting with my healthcare provider before starting any exercise or fitness program.

I certify that I am in good health and have no medical conditions or physical limitations that would prevent me from using this App or participating in the fitness activities.

If I have any concerns or uncertainties about my health, I will consult with a healthcare professional before using this App or participating in any fitness activities.

I agree that this waiver and release of liability is binding upon me, my heirs, assigns, legal representatives, and any other individuals claiming through me.

By using this App and agreeing to this waiver, I acknowledge that I have read and understood all the terms and conditions stated herein, and I voluntarily and knowingly accept the risks associated with the use of this App and participation in fitness activities.

CHANGES AND UPDATES TO PLATFORM, TERMS OF USE

LIFTit may terminate or modify any feature or part of the Platform at any time without notice. LIFTit may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.

GENERAL SUMMARY

ACCEPTANCE OF TERMS: Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use.
ACCOUNT CREATION: Users can create accounts by downloading our app from the Apple App Store or Google Play Store.
AGE RESTRICTIONS: Users must be 18 years old or older to join our app. Individuals under 18 are ineligible to create accounts or use our services.
USER ACCOUNTS: Each user account is strictly for individual use. Unauthorised sharing or access to accounts is expressly prohibited.
RESPONSIBILITY OF USERS: (a) Users are responsible for providing accurate and current information during account setup; (b) Keeping personal information up to date is crucial for uninterrupted access to our app; (c) Users are solely responsible for evaluating their own health and suitability for our fitness programs. It is strongly recommended that users obtain medical advice and clearance before participating.
USER CONDUCT: Users must engage in respectful and appropriate behavior on our app. Any harmful, hateful, political, or sexual behavior is strictly prohibited.
USER TERMINATION: Users retain the right to terminate their account, cancel their subscription, & delete all their user information at any time.
OUR TERMINATION: We reserve the right to terminate user accounts without prior notice if we believe that a user’s actions are in violation of these Terms or if their usage poses a risk to our community.
COPYRIGHT RESTRICTIONS: All content, materials, and training programs offered on our Website are protected under copyright laws. Any unauthorized distribution, sharing, or use for malicious intent or financial gain is strictly prohibited.
OWNERSHIP OF CONTENT & MATERIALS: All content, including text, images, videos, and training programs, featured on the LIFTit Website and Application are the exclusive property of Stephanie Sanzo Pty Ltd and are safeguarded under copyright laws.
SHARING CONTENT: Users are granted permission to share content from our app for personal, non-commercial purposes only. Any sharing for financial gain or exploitation is expressly prohibited.
DATA PRIVACY: We will only use your personal information as set out in LIFTit’s Privacy Policy (as amended from time to time) available at the following webpage: https://liftit.app/privacy-policy/
WAIVER: No waiver of any provision hereof shall be valid unless in writing and signed by the parties (other than the waiver stated above). Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
THIRD PARTY RIGHTS: A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.
DISCLAIMER: Your agreement to our Terms of Use & our Medical Waiver, releases LIFTit and Stephanie Sanzo Pty Ltd from any legal claims.
LAWS: These Terms are governed by the laws of Australia. Any disputes will be exclusively subject to the jurisdiction of Victoria, Australia.
NOTIFICATIONS & CHANGES: While notifications about changes to the Terms may not be provided, the most recent version will always be accessible on our website.
ACCEPTANCE OF UPDATED TERMS: By creating an account with us & using our Platforms, users automatically accept any changes to the Terms without requiring additional consent.
LEGAL PROTECTION: These Terms and Conditions are designed to protect the interests of LIFTit and Stephanie Sanzo Pty Ltd and are intended to shield us from any claims or lawsuits arising from the use of our services.

COMPANY INFORMATION

App / Trading Name: LIFTit with Stephanie Sanzo
Company Name: Stephanie Sanzo Pty Ltd
ABN: 81 627 425 389
Address: 3 Dyson Ct, Breakwater, 3219, Victoria, Australia
Email Address: hello@liftit.app

APPLE LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.