iOS EULA Addendum

Apple App Store End-User License Agreement Addendum

This End-User License Agreement Addendum (the “iOS EULA Addendum”) applies only to users who access or use the Persona Entertainment Oy mobile application on Apple-branded devices via the Apple App Store (the “Licensed Application”). This iOS EULA Addendum supplements and forms part of the Persona Entertainment Oy Terms of Service (the “Terms”). If there is any conflict between this iOS EULA Addendum and the Terms, this iOS EULA Addendum governs for iOS App Store users.

1. Acknowledgement

You and Persona Entertainment Oy (“Developer”) acknowledge that this iOS EULA Addendum is concluded solely between You and the Developer, and not with Apple Inc. (“Apple”). The Developer, not Apple, is solely responsible for the Licensed Application and its content. This iOS EULA Addendum may not provide usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions, which You acknowledge You have had the opportunity to review.

2. Scope of License

The Developer grants You a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that You own or control, strictly as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing, where applicable.

3. Maintenance and Support

The Developer is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the Terms or as required under applicable law. You and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

4. Warranty

To the extent permitted by applicable law, the Licensed Application is provided on an “AS IS” and “AS AVAILABLE” basis. The Developer is solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed.

In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Developer.

5. Product Claims

You and the Developer acknowledge that the Developer, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or Your possession and/or use of the Licensed Application, including but not limited to:

• product liability claims;
• any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
• claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks.

This iOS EULA Addendum does not limit the Developer’s liability to the extent such limitation is prohibited by applicable law.

6. Intellectual Property Rights

You and the Developer acknowledge that, in the event of any third-party claim that the Licensed Application or Your possession and use of the Licensed Application infringes that third party’s intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7. Legal Compliance

You represent and warrant that:

• 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
• You are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Contact Information

If You have any questions, complaints, or claims with respect to the Licensed Application, please contact:

Persona Entertainment Oy
Sturenkatu 4, 00510 Helsinki
Business ID: 3469075-9
Email: support@personaavatar.com
Telephone: +358 40 7160909

9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application, including but not limited to the Apple Media Services Terms and Conditions and any applicable wireless data service agreements.

10. Third-Party Beneficiary

You and the Developer acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this iOS EULA Addendum, and that, upon Your acceptance of the terms and conditions of this iOS EULA Addendum, Apple will have the right (and will be deemed to have accepted the right) to enforce this iOS EULA Addendum against You as a third-party beneficiary thereof.

Effective Date: This iOS EULA Addendum is effective as of the date You download or use the Licensed Application from the Apple App Store.