The Item app for iOS (the Application) has additional Terms and Conditions.
AcknowledgementYou and the Company acknowledge that these Terms and Conditions are concluded between You and the Company only, and not with Apple, and the Company, not Apple, is solely responsible for the Application and the content thereof.
Scope of License
The Application is licensed, not sold. This agreement only gives You some rights to use the software. The Company reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Application only as expressly permitted in this agreement. In doing so, You must comply with any technical limitations in the Application that only allow You to use it in certain ways. You may not work around any technical limitations in the Application; reverse engineer, decompile or disassemble the Application, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the Application than specified in this agreement or allowed by applicable law, despite this limitation; or publish the Application for others to copy; rent, lease or lend the software; or transfer the Application or this agreement (the Terms and Conditions) to any third-party. You must use the Application on Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.
Maintenance and SupportThe Company is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms and Conditions, or as required under applicable law. You and the Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
WarrantyThe Company, and not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
Product ClaimsYou and the Company acknowledge that the Company, not Apple, is responsible for addressing any claims of You or any third-party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks. These Terms and Conditions do not limit the Company’s liability for the Application to You beyond what is permitted by applicable law.
Intellectual Property RightsYou and the Company acknowledge that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes that third-party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal ComplianceYou represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been 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.
Third-party Terms of AgreementYou must comply with applicable third-party terms of agreement when using the Application, such as wireless data service agreements.
Third-party BeneficiaryYou and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions, and that, upon Your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third-party beneficiary thereof.
Changes in Subscription PricingRevision Date: 1/1/2025:
1. Price Adjustment Policy
We reserve the right to adjust the prices of our annual subscription services. These adjustments may reflect changes in market conditions, cost of providing the service, inflation, or other operational factors.
2. Notification of Price Changes
Any changes to the subscription prices will be communicated to our subscribers through their registered email addresses or via an announcement on our service platform. We are committed to providing a minimum notice period of 30 days before implementing any price change. Normally this will only apply to annual plans.
3. Effect on Current Subscribers
Price adjustments will take effect at the start of the next billing cycle following the notice period. Current subscribers will have the option to cancel their subscription before the commencement of the new billing cycle if they do not wish to accept the new pricing.
4. Guarantee of Service
Despite any changes in pricing, we guarantee the continuation of service quality and access as outlined in your original subscription agreement, barring any unforeseen circumstances as detailed in our Service Continuity section.
5. Questions and Concerns
If you have any questions or concerns regarding this policy or its implications on your subscription, please contact us at
sales@item.com.