Apps made available through the App Store are licensed, not sold, to you.
Your license to the Hoop 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 Hoop App (“Application Provider”), if one is provided. Your license to the Hoop App under this Standard EULA is granted by Hoop App, 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, Hoop App, reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
By using the Hoop App, you agree not to use it for any unlawful, abusive, or harmful purpose.
You agree to comply with our Community Guidelines, which prohibit harassment, hate speech, fraudulent activity, or misuse of the platform.
You acknowledge that:
Hoop App reserves the right to suspend or terminate any user account found to be violating these terms or misusing the platform.
Hoop App 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 Hoop App 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 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.
You agree that Hoop App 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 related to the Licensed Application. Hoop App 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.
This Standard EULA is effective until terminated by you or Hoop App.
Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
The Licensed Application may enable access to Hoop App’s and/or third-party services and websites (“External Services”). You agree to use such External Services at your sole risk. Hoop App is not responsible for the content or accuracy of any third-party External Services and shall not be liable for any damages arising from your use of them.
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 it are provided “as is” and “as available,” with all faults and without warranty of any kind.
Hoop App hereby disclaims all warranties and conditions with respect to the Licensed Application, either express, implied, or statutory.
To the extent not prohibited by law, in no event shall Hoop App be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, data, or business interruption arising out of or related to your use or inability to use the Licensed Application.
In no event shall Hoop App’s total liability to you for all damages exceed fifty dollars ($50.00).
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. By using the Hoop App, you represent that you are not located in any embargoed country or on any U.S. restricted list.
The Licensed Application and related documentation are “Commercial Items” as defined under U.S. law and are being licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other users under this EULA.
Except to the extent otherwise required by law, this Agreement and your relationship with Hoop App shall be governed by the laws of the State of California, excluding its conflicts of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California, for any disputes arising under this Agreement.