TestFlight End User License Agreement
Welcome to the Inkle Designer 1-2-3 App. By signing up to participate in beta testing of Inkle Designer 1-2-3 (the “App”) through TestFlight, you are agreeing to comply with and be bound by the following End User License Agreement (“EULA”) and all terms and conditions incorporated by reference. Please review this EULA carefully before signing up to participate in beta testing. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PARTICIPATE IN BETA TESTING OF INKLE DESIGNER 1-2-3.
TABLE OF CONTENTS
11. Written Document
1. Licensor Information
Inkle Designer 1-2-3 is an iOS App developed and owned by Greeneland Creative, LLC, a Florida-based limited liability company, which can be reached through the contact form on inkledesigner123.com.
Apple provides TestFlight Terms of Service (“Apple’s TOS”) which you agree to when you download their TestFlight app. Apple’s TestFlight Terms of Service are incorporated herein by reference. If any terms of Apple’s TestFlight Terms of Service conflict with the Terms of this EULA, the terms of this EULA should be read as a modification of Apple’s TOS.
3. User Eligibility
By signing up to participate in beta testing of Inkle Designer 1-2-3 (the “App”), you agree to follow and be bound by these Terms and agree to comply with all applicable laws and regulations, including United States and Florida laws.
Beta Testing is limited to parties that can lawfully enter into and form contracts under applicable law. Minors are not eligible to participate in beta testing and we ask that they do not submit any personal information to us. You agree that by signing up for beta testing you are at least 18 years of age and you are legally able to enter into a contract.
By downloading any beta version of Inkle Designer 1-2-3 through TestFlight, you represent that you have all requisite right, power, and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You acknowledge that you are entering into this Agreement voluntarily and without any duress or undue influence. You acknowledge that you have sought the advice of an attorney of your choice, if so desired, prior to entering into this Agreement.
4. Scope of EULA
5. Modifications to EULA
We may, without notice to you, at any time amend this EULA. The latest Terms will be posted on our websites, and you should review the Terms prior to beta testing the App. Your continued participation in beta testing of the App after any changes to these Terms are posted will be considered acceptance of those changes.
7. Ownership of Content
The Inkle Designer 1-2-3 App is owned by Greeneland Creative, LLC. The past, present, and future versions of the App; all pages found within the Inkle Designer 1-2-3 website, the material and information in the Inkle Designer 1-2-3 App and on the Inkle Designer 1-2-3 Website, all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained in the Inkle Designer 1-2-3 App or on the Inkle Designer 1-2-3 Website (the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled, or licensed by or to Greeneland Creative, LLC, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other proprietary rights and unfair competition laws. In using the Inkle Designer 1-2-3 App, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notice contained on the Inkle Designer 1-2-3 Website. All rights not expressly granted are reserved.
Screenshots and any other content obtained from the app while you are participating in beta testing may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, leased, loaned, resold, or otherwise distributed in any way, without Greeneland Creative’s express prior written authorization. This provision specifically bars sharing of screenshots or content either publicly (eg, on your blog or social media accounts) or privately (eg, in a text message to a friend). To request authorization, please fill out our contact form. Unauthorized use of beta testing materials will result in your immediate termination from beta testing and violate applicable Intellectual Property laws or other laws.
8. Projects You Create Within the Beta App
Any projects you create within the beta version of Inkle Designer 1-2-3 may only available within that particular build. New builds that you download will override the previous build, and may delete the projects you created in the previous build. Greeneland Creative, LLC can, in its sole discretion remove builds from TestFlight at any time, without notice to you. Any projects you create in any beta version build will not be available to you when you purchase the final release version of the app.
9. Compliance with Law
You agree to participate in beta testing in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of Greeneland Creative LLC, negatively reflect on the goodwill or reputation of Karen Greene, Chris Greene, Greeneland Creative LLC, or Inkle Designer 1-2-3 and shall take no actions which would cause Karen Greene, Chris Greene, Greeneland Creative, or inkledesigner123.com to be in violation of any laws, rulings, or regulations applicable to Us.
10. Governing Law, Disputes, and Jurisdiction
Any legal action or proceeding relating to your access to or use of the App through beta testing is governed by Florida Law.
In the event of any dispute between you and Karen Greene, Chris Greene, Greeneland Creative LLC, or inkledesigner123.com, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by Us in our sole discretion.
In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of Florida shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
11. Written Document
You may preserve this End User Licensing Agreement in written form by printing them for your records, and you waive any other requirement that this EULA be evidenced by a written document.
12. Waiver and Severability of Terms
The failure of Karen Greene, Chris Greene, Greeneland Creative LLC, or inkle designer123.com to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Section headings are included in the Terms for convenience only. They are not to be considered a part of the Terms and are not intended to be a full and accurate description of the contents hereof.
14. Complete Agreement
Thank you for reading through these Terms and now, enjoy beta testing the Inkle Designer 1-2-3 App!
Appendix A: EULA History
First published 6/28/2021.