Kettle Command End User License Agreement
This End User License Agreement ("Agreement") is a binding contract between you ("you") and Evan Farrell ("Licensor", "we", "us") governing your use of the Kettle Command mobile app, the kettlecommand.com website and related services (together, the "Licensed Application"). By downloading, installing or using the Licensed Application, you agree to this Agreement. If you do not agree, do not use the Licensed Application.
1. Acknowledgement
This Agreement is between you and Licensor only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Licensor, not Apple or Google, is solely responsible for the Licensed Application and its content. This Agreement may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service; where they conflict, those terms prevail.
2. Scope of license
Licensor grants you a non-transferable license to use the Licensed Application on any Apple-branded or Android device that you own or control, subject to the usage rules of the store you got it from. You may not distribute, sublicense, rent, lease, lend, sell, redistribute, decompile, reverse engineer or disassemble the Licensed Application, or attempt to derive its source code, except as applicable law permits.
3. Your account
You need an account to use the Licensed Application. Keep your password private; you are responsible for activity on your account. You can delete your account at any time, as described on the delete account page.
4. Brewing and equipment
The Licensed Application gives calculations, plans and alerts to help you brew. They are aids, not guarantees: check readings yourself and follow safe practice. Connected controllers can switch heaters and pumps; never leave heating equipment unattended, and keep your equipment, wiring and gas or electrical supply safe and to code. Licensor is not responsible for the outcome of a batch, damage to equipment or property, or injury from brewing. You must be of legal drinking age where you live to brew and drink what you make.
5. AI assistant
The brewing assistant uses an AI model. Its answers can be wrong; check anything that matters before you act on it.
6. Consent to use of data
You agree that Licensor may collect and use technical data and related information, including information about your device, system, software and connected brewing equipment, to provide updates, support and other services related to the Licensed Application. Our handling of your data is described in our Privacy Policy.
7. Your content
Your recipes, records and photos stay yours. You give Licensor permission to store and process them only to provide the Licensed Application to you, and to show a recipe to other brewers only when you make it public.
8. Maintenance and support
Licensor is solely responsible for providing any maintenance and support for the Licensed Application, as described on our support page or as required by law. Apple and Google have no obligation to provide maintenance or support for the Licensed Application.
9. Warranty
The Licensed Application is provided "as is" and "as available". Licensor is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the Licensed Application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application; to the maximum extent permitted by law, Apple has no other warranty obligation for the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Licensor's sole responsibility.
10. Limitation of liability
To the maximum extent permitted by law, Licensor is not liable for indirect, incidental, special or consequential damages, or for lost data, batches or profits, arising from your use of the Licensed Application.
11. Product claims
You and Licensor acknowledge that Licensor, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and use of it, including: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
12. Intellectual property rights
If a third party claims that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Licensor, not Apple, is solely responsible for the investigation, defense, settlement and discharge of the claim.
13. Legal compliance
You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo, or 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.
14. Developer name and contact
For questions, complaints or claims about the Licensed Application, contact Evan Farrell at evan@kettlecommand.com.
15. Third-party terms
You must comply with applicable third-party terms when using the Licensed Application (for example, your wireless data service agreement).
16. Third-party beneficiary
You and Licensor acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that once you accept it, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
17. Termination
This Agreement is effective until terminated by you or Licensor. Your rights under it end automatically without notice if you fail to comply with any of its terms, and Licensor may suspend or close an account that misuses the Licensed Application. When it ends, you must stop using the Licensed Application and delete all copies of it. You may end it at any time by deleting your account and the app.
18. Changes
Licensor may update this Agreement. We will change the date above and tell you in the app or by email when a change matters; using the Licensed Application after that means you accept the update.
19. Governing law
This Agreement is governed by the laws of the State of Vermont, United States, without regard to its conflict-of-law principles, except where applicable law prohibits this.