DIvCalc is licensed to You (End-User) by ThreeOneZero LLC, located in Delaware, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. DivCalc, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. DivCalc acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.
By downloading, installing, opening and using the application you release all labially (liabilities) of the owners, developers, operators, and any of it''s data providers or data collectors for any reason whatsoever. You the user of the application assume any and or all responsibilities for anything you do based on information the application has provided to you. You acknowledge that information provided from the application can be inaccurate, misleading and wrong at times and that the company, operator, developer, and owner are not responsible or liable in any way.
DIvCalc (hereinafter: Application) is a piece of software created to Help individuals better visually understand and see estimated dividend income. - and customized for Apple mobile devices. It is used to Calculate estimated dividend investment income. The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with DivCalc's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with DivCalc's prior written consent).
You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and conditions of licensing.
Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
The Application requires a firmware version 1.0 or higher. Licensor recommends using the latest version of the firmware.
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
Maintenance and Support
DivCalc is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.DivCalc and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
Use of Data
Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
Licensor takes no accountability and responsibility in case of Inaccurate or misleading information of equities.
Licensor takes no accountability and responsibility in case of Incorrect facts or figures provided by the data provider IEX Cloud services.
Licensor takes no accountability and responsibility in case of Loss of any individual position or monetary value of holdings based on information provided.
Licensor takes no accountability and responsibility in case of All investments involve risk and the past performance of a security, or financial product does not guarantee future results or returns. There is always the potential of losing money when you invest in securities, or other financial products. Investors should consider their investment objectives and risks carefully before investing..
Licensor takes no accountability and responsibility in case of Investors should be aware that system response, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors..
No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of DivCalc's sphere of influence that affect the executability of the Application.
If we confirm that the Application is defective, DivCalc reserves a choice to remedy the situation either by means of solving the defect or substitute delivery through an application update. DivCalc reserves the right to remove the application at any time for any reason.
In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
Apple's End User Licensing Agreement
By using the application you agree to Apple's End User Licensing Agreement (EULA) which can be found https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Purchases, Subscriptions, Renewals, and Refunds
If you choose to buy a DivCalc Premium or DivCalc's Monthly Alert subscription, payment will be charged to your Apple ID account at the confirmation of purchase. DivCalc Premium is a single one time purchase. DivCalc Monthly Alerts is a subscription. Our subscriptions automatically renew unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. All purchases are final. DivAlert cannot issue refunds for purchases charged to your Apple ID. Refunds are not given for any paid version's of the service or subscriptions for any reason.
DivCalc and its company, products and services are in no way responsible for loss of holdings positions or misleading or inaccurate information provided by its services. Investors should be aware that system response, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors. All investments involve risk and the past performance of a security, or financial product does not g
Changes to these terms
- March 28th, 2020: First published.