Nanowear Terms of Use

Last Updated: August 2021

Welcome, and thank you for your interest in Nanowear Inc. (“Nanowear”, “we,” or “us”), the SimpleSense mobile app (the “SimpleSense App”) and related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the SimpleSense App, our “Service”). These Terms of Use are a legally binding contract between you and Nanowear regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT,” DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then you may not use the Service.

THESE TERMS DO NOT COVER YOUR USE OF THE SIMPLESENSE SASH OR ANY OTHER SIMILAR DEVICES OR SERVICES PROVIDED BY NANOWEAR. For more information on any such devices and services, please contact Nanowear Customer Service at support@nanowearinc.com.

You acknowledge and agree that, as provided in greater detail in the Terms:

  • The Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
  • Your use of the Service may be subject to separate third-party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;
  • You consent to the collection and use of your personally identifiable information in accordance with the Service Privacy Policy
  • The Service is provided “as is” without warranties of any kind and Nanowear’s liability to you is limited; PLEASE NOTE THAT WE DO NOT PROVIDE PROFESSIONAL MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. There is no express or implied physician-patient relationship between you and Nanowear, its employees, agents or consultants;
  • The symptoms you enter into the SimpleSense App are not reviewed in real time by your physician. IF YOU NEED IMMEDIATE MEDICAL ATTENTION, PLEASE CALL 911.

Nanowear Service Overview

The Service allows users to document symptom-related information while wearing Nanowear remote monitoring devices. Data collected via associated mobile applications may be utilized in conjunction with such Nanowear devices and processed to create related clinical information that is communicated to a user’s designated medical provider in accordance with the Privacy Policy.

  1. Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
  2. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will maintain accurate and up-to-date information about yourself at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@nanowearinc.com.
  3. App Terms. The terms of this Section 3 govern your acquisition and use of the SimpleSense App.
    1. Third Party Accounts. In order to download the App, you may be required by the third party who is distributing or providing you access to the App, such as Apple, Inc. (each, a “Distributor”), to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Nanowear is not responsible for any act or omission of any Distributor.
    2. License to the App. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms (including without limitation compliance with all license restrictions), Nanowear grants you (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the SimpleSense App downloaded directly from Nanowear or from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format and solely for your personal use for lawful purposes, on compatible mobile devices that you own or control; and (2) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the SimpleSense App. You may not reproduce, distribute, publicly display, or publicly perform the SimpleSense App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the SimpleSense App, or make or attempt to make any modification to or derivative work of the SimpleSense App; or (b) interfere with or circumvent any feature of the SimpleSense App, including without limitation any security or access control mechanism. You may not use the SimpleSense App or the Service for any purpose other than a purpose for which the SimpleSense App and the Service are expressly designed. The term SimpleSense App, as used herein, includes any update or modification to the SimpleSense App made available to you by Nanowear (unless provided with separate terms). If you are prohibited under applicable law from using the SimpleSense App or the rest of the Service, you may not use them.
    3. Access to the SimpleSense App; Third Party Fees. Nanowear does not provide you with the equipment to use the SimpleSense App. You are responsible for all fees charged by third parties to access and use the SimpleSense App (e.g., charges by mobile carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier). Accordingly, you should use care in selecting a service plan offered by your carrier. If your device is lost or stolen, you must notify Nanowear immediately to suspend your service.
  4. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
    1. use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing protected health information, intellectual property and other proprietary rights, as well as data protection and privacy;
    2. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
    3. interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
    4. interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
    5. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
    6. sell or otherwise transfer the access granted herein or any Materials (as defined in Section 10 below) or any right or ability to view, access, or use any Materials;
    7. attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging in any of the activities described in this Section 4.
  5. Third-Party Services and Linked Websites. Nanowear may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on Nanowear with an account on the third party service. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.
  6. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Nanowear, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@nanowearinc.com.
  7. Feedback. If you provide feedback to Nanowear regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Nanowear to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Nanowear a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
  8. Privacy Policy; Additional Terms
    1. Privacy Policy. Please read the SimpleSense Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Nanowear Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
    2. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 9 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
  9. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
  10. Ownership; Proprietary Rights. The Service is owned and operated by Nanowear. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by Nanowear are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Nanowear or our third-party licensors. Except as expressly authorized by Nanowear, you may not make use of the Materials. Nanowear reserves all rights to the Materials not granted expressly in these Terms.
  11. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Nanowear and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Nanowear Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
  12. Disclaimers; No Warranties.
    1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NANOWEAR ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE NANOWEAR ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NANOWEAR ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.THE SERVICE PROVIDES INFORMATION AND READINGS TO YOU BASED ON YOUR SYMPTOM ENTRY INTO THE SERVICE. YOU AGREE THAT NANOWEAR CANNOT VERIFY THAT YOU HAVE CORRECTLY COMPLETED SYMPTOM ENTRY ACTIONS ON THE SIMPLESENSE APP, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE, AND THEREFORE NANOWEAR CANNOT BE HELD RESPONSIBLE FOR ANY ACTION OR INACTION RESULTING FROM DISPLAY OF "SYMPTOM OR OTHER RELATED INFORMATION” ON THE SERVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL, HEALTH OR CLAIMS MANAGEMENT RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR THROUGH THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the SimpleSense App or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. Your access or use of the SimpleSense App and the Service does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our licensors.
  13. Limitation of Liability.
    1. IN NO EVENT WILL THE NANOWEAR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NANOWEAR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE NANOWEAR ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  14. Special Considerations for International Use. While Nanowear has designed the Service for users in the United States, we recognize the global nature of the Internet. As a condition of using the Service, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of protected health information, including clinical and personal data, exported from the United States or the country in which you reside.
  15. Governing Law. These Terms shall be governed by the laws of New York, NY without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Nanowear agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, NY for the purpose of litigating all such disputes.
  16. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Nanowear regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 1, and 6 through 22.
  17. Consent to Electronic Communications.
    1. Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    2. Text Messages regarding Healthcare Services. Nanowear offers access to healthcare service messages via recurring SMS (Short Message Service) text alerts. Enrollment in text alerts requires you to provide your own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive text alerts from Nanowear, you agree to these terms and conditions, which become effective upon the registration of your device. You acknowledge that text alerts will be sent to the mobile phone number you provide to Nanowear. Such alerts may include limited personal information about your device, and whoever has access to the mobile phone or carrier account may also be able to see this information.
    3. Telephone, Text and Fax. By providing your residential or wireless phone and/or fax number(s) to Nanowear, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of Nanowear at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by sending an opt-out request via email to support@nanowearinc.com. Your wireless carrier's standard message and data rates may apply.
  18. Security. We seek to use reasonable physical, technical, and administrative safeguards to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account with us has been compromised), please contact us immediately in accordance with the Contact Information below. You are responsible for safeguarding your Nanowear account password and for any access to your phone. Nanowear is not responsible for information disclosed to a third party if you fail to safeguard your Nanowear account password or provide a third party access to your phone.
  19. Quality and Accuracy Testing. In order to better improve the Service, we may offer you the opportunity to help us test the accuracy and quality of the Service. If you choose to participate in such tests, we may correspond with you and provide you information about your use of the Service for you to verify. In order to ensure the quality of these tests, some of the information that we will provide may be randomized or incorrect.
  20. Contact Information. The services hereunder are offered by Nanowear Inc. You may contact us by email at support@nanowearinc.com.
  21. Notice to California Residents. If you are a California resident, you may have these Terms mailed to you electronically by sending an email to support@nanowearinc.com with a request for these Terms. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
  22. Special Terms Regarding Apple. To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 22. You acknowledge that these Terms are between you and Nanowear only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby 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.