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.
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. In addition to technical data, the Home Learning Hub may store educational content, lesson plans, student progress data, and other homeschooling-related information that you create or input into the application. All personal educational data remains under your control and is treated in accordance with our Privacy Policy.
c. Educational Content and Services: The Licensed Application enables you to create, store, and manage educational content, lesson plans, student records, and related homeschooling materials. You are responsible for the accuracy and appropriateness of any educational content you create within the application. Home Learning Hub provides organizational tools and templates but does not guarantee the educational effectiveness of any specific curriculum or teaching method you choose to implement.
d. Child Privacy and Safety: As an application designed for homeschooling families, Home Learning Hub takes child privacy seriously. We do not collect personal information from children under 13 without verified parental consent. Parents and guardians are responsible for all content created and shared within the application regarding their children's education. Any photos, notes, or records uploaded are under the full control of the account holder.
e. 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. Upon termination, you must cease all use of the Licensed Application and, if applicable, delete all downloaded content from your devices.
f. 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, including but not limited to educational resources, curriculum providers, or homeschooling communities that may be linked within the application.
g. 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. HOME LEARNING HUB DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR SPECIFIC EDUCATIONAL NEEDS OR COMPLY WITH ALL LOCAL HOMESCHOOLING REGULATIONS.
h. 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 FROM THE USE OF THE APPLICATION.
i. Educational Compliance: While Home Learning Hub provides tools to help organize and track homeschooling activities, parents and guardians are solely responsible for ensuring their homeschooling practices comply with local and state educational requirements and regulations. The application is a tool for organization and record-keeping and does not constitute legal advice regarding homeschooling laws or requirements.
j. Export Restrictions: 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.
k. Commercial Items: 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".
l. Governing Law: 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. 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.