Introduction
Thank you for choosing IFB. Please carefully read these IFB Appliance Terms of Service (the Agreement). Throughout this Agreement, IFB Appliances is referred to as IFB or we, and the registered user(s) of the IFB appliance is referred to individually and collectively as you. This Agreement is between you and IFB.
IFB has developed select smart appliances also, which may be referred as IoT enabled appliances that may be connected to a device to provide users with interactive features and functionality (Smart Appliances), together with mobile applications that are designed to be used with or without Smart Appliances (Mobile Apps) and interact with IFB related cloud-based services (Services). Mobile Apps and Services are referred to collectively in this Agreement as the App/Services.
This Agreement governs your use of and access to the App/Services. You may download and use the App/Services for use with or without Smart Appliances owned by you or which you have been authorised to use in accordance with the terms and conditions of this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION (ARBITRATION AGREEMENT). THE ARBITRATION AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY CHECKING THE BOX, CLICKING I AGREE, OR ACCESSING OR USING THE APPS/SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APP/SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE APP/SERVICES.
This Agreement incorporates: (i) any additional terms and conditions posted by IFB through the App/Services; (ii) terms and conditions (including warnings and warranty limitations) included in the Use and Care Guides applicable to particular Smart Appliances (product manual); and (iii) the IFB Smart Appliance Mobile Apps and Services Privacy Statementhttps://www.ifbappliances.com/app-privacy-policy It is your responsibility to read these additional terms and policies carefully. The Use and Care Guides and Privacy Statements are available for viewing/download online.
YOU MAY NOT ACCESS OR USE THE APP/SERVICES UNLESS YOU ARE AT LEAST 18 YEARS of age,ie you have attained the age of majority according to the law to which you are a subject and are of sound mind and not dis-qualified from contracting by any law to which you are a subject.
WHAT SHOULD I KNOW ABOUT SMARTAPP/SERVICES ACCOUNT?
1.Changes to this Agreement & Notices. Smart Appliances will continue to evolve. As such, we may need to update or modify the terms of this Agreement. Privacy & Security by using the App/Services, you consent to the collection, use, disclosure and sharing of data as set forth in the Privacy Statements. Data stored as part of the services offered through the App/Services, on the App/Services, or on a Smart Appliance, transmitted over IFB's networks, or stored by IFB, its brands or its service providers may be deleted, modified, or damaged, and IFB is not responsible for any such deletions, modifications or damage. IFB is committed to maintaining the security of the data you provide us and will take reasonable organisational, technical and administrative measures to protect your personal information. However, the App/Services and related services are provided through wireless networks and the internet, and there is always some risk in transmitting information over the internet. For this reason, IFB cannot guarantee the security and privacy of wireless transmissions or transmissions via the internet, and you agree that we will not be liable for any lack of security relating to the use of the App/Services or any Smart Appliance by you. You agree that you will not hold IFB liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
2. App/Services Features & Functionality.
1. General. The App/Services may allow you to receive notifications regarding your Smart Appliance (such as door open notifications and cycle completion notifications) and remotely control and monitor your Smart Appliance, among other benefits. The features and functionality of the App/Services and Smart Appliances are described in greater detail in the product manual.
2. Updates to the App/Services and Smart Appliance. Over time, the software within the Smart Appliance that supports the features of the Smart Appliance, as well as features and functions that are enabled within the App/Services, will change as our business and technology evolve. New features and functions may be added and others deleted or modified. You agree that IFB may update, modify, or discontinue the App/Services (in whole or in part) or any features or functions within the App/Services or Smart Appliance, at any time, at IFB's sole discretion. In order to provide you with a more seamless user experience, we may update or modify the App/Services or Smart Appliance remotely without notifying you in order to ensure the safe and proper operation of the App/Services (eg. bug fixes), and you consent to such updates or changes by IFB.
3. Account Creation & Management.
1. General. In order to use the App/Services, you must create an App/Services user account and activate the connected functionality of the Smart Appliance. By creating an App/Services account and entering your Appliance's serial number in the App/Services, the Smart Appliance will automatically be registered with IFB for product warranty purposes.
2. Creation of User Accounts. To create an App/Services user account,you must complete the account set-up process through the App/Services. You agree to accurately furnish all contact and other information requested by IFB and to notify IFB immediately of any change in the information. You must choose a password for your account and maintain the confidentiality of your password. IFB encourages you to use strong passwords (passwords that use a combination of upper and lower case letters and numbers with your account. You will receive an OTP to verify your account and login to your account. After logging in, you will be able to see your product in the app after a minimum of 15 minute. You can verify the information you provided in the app. We may reject, or require that you change, any user name, password or other information that you provide to us during the account set-up process. Your user name and password are for your personal use only. You are solely responsible for the activity that occurs on your account. You, and not IFB, are responsible for any use or misuse of your account, user name, OTP or password, and you must promptly notify us of any confidentiality breach or unauthorised use of your user name or password, or your App/Services user account. You may never use another user's account without permission, act in a way that interferes with another user's use of the App/Services except in connection with a User Appliance (as defined below),or solicit another user's password. IFB will not be liable for any losses caused by any unauthorised use of your account.
3. Connecting to Smart Appliances. To access and use the connected functionality of a Smart Appliance through the App/Services, you must add the Smart Appliance to your App/Services account by following the instructions in the applicable product manual. The first App/Services user account to connect to a User Appliance (Primary Account) will have control over such User Appliance and may have the ability to subsequently authorize other App/Services user accounts to connect to such User Appliance (Secondary Account). The Primary Account may have access to features and functionality not available under the Secondary Account (eg.sharing the user account with another secondary account user). The registered user of the Primary Account is liable for all use of the Smart Appliance by any user of a Secondary Account as though such use of the Smart Appliance occurred under the Administrative Account.
4. Internet and Mobile Usage. Smart Appliances use your internet connection to provide you with the connected functionality of the Smart Appliance. As such, to use the App/Services you must have a working wireless internet connection at the location of your Smart Appliance. Use of the App/Services and receipt of notifications via your mobile device requires use of your mobile data connection, so you must purchase an appropriate data plan from your mobile service carrier in order to receive such notifications or use such App/Services. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the App/Services. Please consult your internet service provider's or mobile service carrier's pricing plan terms and policies to determine applicable data charges (including text messaging charges if applicable), allotments and limitations, restrictions such as permissible uses, and other terms and conditions of service. IFB is not responsible for any overage or other charges or actions that your internet service provider or mobile service carrier may take against you for using data or the network in violation of your Internet service provider's or mobile service carrier's terms and policies. To avoid data charges (including text messaging charges if applicable) relating to use of the App/Services, stop using and uninstall the App/Services user from your mobile device and disable all notifications through your App/Services account. If you wish to avoid any additional data charges from your internet service provider relating to use of the App/Services and/or Smart Appliances, stop using the App/Services and Smart Appliances and de-provision your Smart Appliance from your wireless router in accordance with the instructions in the applicable Use and Care Guide.
5. Deactivation or Deletion of Your Account. You may delete or deactivate your App/Services user account at any time by contacting IFB customer care. However, if you choose to keep your Smart Appliance connected to your Wi-Fi router after you deactivate your account, your Smart Appliance will continue to transmit data to IFB unless you disconnect your Smart Appliance from your Wi-Fi router.Deactivating your App/Services user account will stop you from receiving further Smart Appliance notifications.it will not automatically opt you out of receiving other communications from IFB and its brands.
6. Transfer of Smart Appliance. You may sell, loan or transfer your Smart Appliance to someone else. However, if you sell, loan or transfer your Smart Appliance to another person: (i) you agree to notify such person that the Smart Appliance is a Smart Appliance and is subject to the terms and conditions of this Agreement; and (ii) you must promptly remove such Smart Appliance from your App/Services user account or delete your App/Services user account. Upon such sale, loan or transfer of a Smart Appliance, you agree to not attempt to access or use such Smart Appliance or interfere with any access to or use of such Smart Appliance.
7.Service. The App/Services may allow viewing of all products that are registered with IFB. You may raise a complaint/service request and can track it from the app. You may also raise an AMC request from the app depending upon your product warranty or prior AMC.
WHAT RULES APPLY TO MY USE OF THE APPS/SERVICES?
4. Acceptable Use Policy.
You may use the App/Services and Smart Appliance only in compliance with the terms and conditions of this Agreement, and all local, state, national, and international laws, statutes, rules and, regulations applicable to your use of the App/Services and/or Smart Appliance (Laws). You may not use the App/Services or Smart Appliance in any manner that may harm IFB, its service providers, its brands, or any person or property. In addition, in connection with your use of the App/Services and Smart Appliance, you must not:
Use the App/Services or post, transmit or otherwise make available through or in connection with the App/Services any materials that are or may be: (i) threatening, violent, dangerous, hateful, harassing, degrading, intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libellous, fraudulent, or otherwise tortious; (iii) obscene, indecent, pornographic, or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; or (v) otherwise unlawful.
Post, transmit or otherwise make available through or in connection with the App/Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Collect or attempt to collect information about users of the App/Services.
Interfere with or disrupt the operation of the App/Services or the servers or networks used in connection with the Smart Appliances, including by hacking or defacing any portion of the App/Services or violating any requirement, procedure, or policy of such servers or networks.
Restrict or inhibit any other person from using the App/Services, except to the extent you are the registered user of an Administrative Account.
Impersonate any person, business, entity or IP address (eg. IP spoofing).
Gain or attempt to gain unauthorised access to a Smart Appliance's firmware or software, including by reverse engineering firmware or installing firmware not approved by IFB, except where such restriction is expressly prohibited by applicable law.
Frame or mirror any portion of the App/Services, or otherwise incorporate any portion of the App/Services into any product or service, without IFB's express prior written consent.
Systematically download and store App/Services content or alter, damage, or delete any content provided by IFB.
Use any robot, spider, App/Services search/retrieval application or other manual or automatic device to retrieve, index,scrape,data mine or otherwise gather App/Services content, or reproduce or circumvent the navigational structure or presentation of the App/Services, without IFB's express prior written consent.
5. Service Limitations.
1. General. Because your Smart Appliance communicates with IFB by transmitting information wirelessly and over the internet, the availability of the App/Services and connected functionality of the Smart Appliance are subject to certain limitations. You agree that the App/Services are subject to limitations and restrictions outside IFB's control, which include such things as wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, mobile device and operating system limitations, and other factors associated with the use of the internet or with satellites and satellite data. We may limit the App/Services availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
2. Responsible Usage. You must use the App/Services and the Smart Appliance responsibly. You are solely responsible for using the App/Services and Smart Appliance in accordance with this Agreement and the applicable Use and Care Guide. You acknowledge that the Smart Appliances and the App/Services are designed for personal, family and household use and not commercial use. Without limiting the notices, warnings and additional exclusions set forth in the user Manual for the Smart Appliances, neither IFB, its affiliates nor any of their respective shareholders, directors, officers, employees, agents, representatives,contractors, licensors, suppliers or any other party involved in creating, producing, or delivering the App/Services and connected functionality of the Smart Appliance shall be held liable for the accuracy, completeness or timeliness of the materials or content provided as part of the Smart Appliance or the App/Services; the results obtained through any connected functionality of the Smart Appliance or the App/Services; or any improper, incorrect or commercial use of the App/Services or Smart Appliance. The Smart Appliance error code notifications are not intended to replace regular, recommended maintenance of your Smart Appliance as indicated in the applicable Use and Care Guide. The App/Services are provided to you as a convenience and are not a substitute for safe, responsible use of your Smart Appliance. You should not rely on the App/Services (including any error notifications) as a means to prevent accidents, damage, fire, or other hazards. IT IS YOUR RESPONSIBILITY TO OPERATE YOUR SMART APPLIANCE SAFELY AND TO MAINTAIN YOUR SMART APPLIANCE IN GOOD WORKING ORDER AND IN COMPLIANCE WITH THE APPLICABLE USE AND CARE GUIDE. FAILURE TO DO SO MAY RESULT IN DAMAGE TO YOUR SMART APPLIANCE, PROPERTY DAMAGE, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH.
6. Compliance with the Agreement. You are solely responsible for your use of the App/Services and compliance with this Agreement, as well as for the use and compliance by all users of your Smart Appliance and users of your App/Services user account, whether or not authorised by you. You agree to make all other users of your App/Services accounts and Smart Appliances aware that their use is subject to this Agreement.
7. Products. The App/Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, Products), as well as references and links to Products, These are provided for informational purpose only. Such Products may be made available by IFB or by third parties. IFB does not warrant that such listings, descriptions or images are accurate, complete, reliable, current or error-free. It is your responsibility to ascertain and obey all applicable Laws regarding the possession, use and sale of any Product.
8. Paid Services. The App/Services are provided free of charge (excluding the purchase price of the Smart Appliances). However, IFB may allow you to purchase products or services within the App/Services or to participate in programs or utilise particular features or services for which a charge may apply. IFB will make any applicable pricing and payment terms available to you prior to implementing any paid services or offering any products for purchase through the App/Services.
WHAT ARE MY RIGHTS REGARDING INTELLECTUAL PROPERTY & THIRD-PARTY/USER GENERATED CONTENT?
9. User Provided Content. The App/Services may contain features that allow you and other users to make available certain content and materials, including, without limitation, text, images and video such as recipes (User Content) through or in connection with the App/Services, including through any interactive features of the App/Services. We may (but have no obligation to) monitor, evaluate, alter or remove User Content before or after it appears on the App/Services. We may disclose any User Content and the circumstances surrounding its transmission to anyone for any reason or purpose. IFB has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of any User Content. For purposes of clarity, you retain ownership of your User Content.
10. Feedback. We always appreciate getting feedback on our products and services. If you provide us with any ideas, proposals, suggestions or other materials relating to the App/Services, any Smart Appliance, or IFB's other products or services (Feedback), IFB may use such Feedback in any manner for any purpose without restriction or compensation, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous and unsolicited, and does not place IFB under any fiduciary or other obligation. By submitting Feedback, you represent and warrant to IFB that you have all necessary rights in and to such Feedback, to provide such Feedback to IFB and all information it contains, and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information or material.
11. Licence IFB's Proprietary Rights. 1. Marks. All trade names, trademarks, service marks and logos on the App/Services are the property of their respective owners. You are not granted any rights to use any trade names, trademarks, service marks or logos on or in the App/Services under this Agreement.
12. Third Party Offerings. Through your use of certain features of the App/Services, you may be able to access or interact with materials, products or services made available by individuals or entities other than IFB, including User Content (Third Party Offerings). These App/Services features may allow for the transmission of Third Party Offerings to you, including via links. By using these features of the App/Services, you are asking us to access, route and transmit to you the applicable Third Party Offerings and to transmit your information and data to such Third Party Offerings to enable you to use or obtain such Third Party Offerings. We neither control nor endorse, nor are we responsible for, any Third Party Offerings, including their accuracy, integrity, quality, legality, usefulness or safety. IFB has no obligation to monitor Third Party Offerings, and may block or disable access to any Third Party Offerings (in whole or part) through the App/Services at any time. SINCE IFB IS NOT THE PROVIDER OF THE THIRD PARTY OFFERINGS, YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT AND THE PRIVACY STATEMENTS DO NOT APPLY TO YOUR USE OF ANY THIRD PARTY OFFERINGS. YOUR USE OF THIRD PARTY OFFERINGS (INCLUDING BY LINKING ANY THIRD PARTY OFFERINGS TO YOUR SMART APPLIANCE OR ANY APP/SERVICES) IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS).
WHAT ADDITIONAL LEGAL TERMS APPLY & WHAT ARE MY RIGHTS AND REMEDIES?
13. Term and Termination. This Agreement is effective until terminated. IFB may terminate or suspend your use of the App/Services and any or all of the connected features of the Smart Appliances enabled through or in conjunction with the App/Services at any time and without prior notice, if IFB believes that you have breached any provision of this Agreement. Upon any such termination or suspension, all rights and licences granted under this Agreement, including your right to use the App/Services will immediately cease, and IFB may, without liability to you or any third party, immediately deactivate or delete your user name, password and user account, and all associated materials, without any obligation to provide any further access to such materials. Sections 3.5, 3.6, 4, 5.2, 7, 9, 10, 11.1 and 15 through 20 (inclusive) shall survive expiration or any termination of this Agreement.
14. DISCLAIMER OF WARRANTIES. WE ARE NOT PROVIDING ANY WARRANTIES RELATING TO THE APP/SERVICES OR THIRD PARTY OFFERINGS. THE APP/SERVICES, ANY THIRD PARTY OFFERINGS AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE APP/SERVICES, AND THIRD PARTY OFFERINGS ARE MADE AVAILABLE TO YOU AS IS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. IFB DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP/SERVICES AND ANY THIRD PARTY OFFERINGS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, IS MADE REGARDING ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED IN THE APP/SERVICES OR THE RESULTS THAT YOU MAY OBTAIN THROUGH THE APP/SERVICES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF IFB, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES (COLLECTIVELY, THE AFFILIATED ENTITIES), AS WELL AS EACH AFFILIATED ENTITYS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
We do not guarantee that the App/Services are or will remain updated, complete, correct or secure or that access to the App/Services will be uninterrupted. The App/Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. IFB makes no warranties or representations as to the accuracy, completeness or timeliness of the materials or content provided as part of the App/Services. Additionally, third parties may make unauthorised modifications to the App/Services. If you become aware of any such modifications, contact us at 'customerservice@ifbglobal.com' with a description of such modification and its location on the App/Services.
15. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless IFB and the Affiliated Entities (as defined in Section 15) and each Affiliated Entitys licensors, suppliers and service providers from and against all claims, damages, losses, costs and expenses (including attorneys fees) arising out of (i) your use of or activities in connection with, the App/Services (including all User Content); and (ii) any violation or alleged violation of this Agreement by you.
16. Information or Complaints. If you have a question or complaint regarding the App/Services, please contact us by writing to Consumer Care Cell. Name: Head Consumer Care Cell
Phone:+91 832 3044800/801
Email:customerservice@ifbglobal.com
17. Governing Law. This Agreement is and shall be governed by the laws of India, and subject to the jurisdiction of the courts of Kolkata.
18. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and IFB. If any provision of this Agreement or portion of a provision is held to be unlawful, void or for any reason unenforceable, that provision (or portion of that provision), to the extent required, will be severed from this Agreement but such severance will not affect the validity and enforceability of the remaining provisions of this Agreement. You may not assign, transfer or sublicence any or all of your rights or obligations under this Agreement. We may assign, transfer or sublicence any or all of our rights or obligations under this Agreement without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement and all other terms and conditions referenced herein constitutes the entire agreement between you and IFB relating to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and IFB relating to such subject matter. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. IFB will not be responsible for any failure to fulfil any obligation due to any cause beyond its control.
19. Promotions. Any sweepstakes, contests or similar promotions (collectively, 'Promotions') made available through the App/Services may be governed by rules that are separate from this Agreement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
WHAT ADDITIONAL TERMS APPLY FOR APPLE USERS?
20. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App/Services compatible with the iOS operating system of Apple Inc. (Apple). Apple is not a party to this Agreement and does not own and is not responsible for the App/Services. Apple is not providing any warranty for the App/Services except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App/Services and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App/Services, including any third-party product liability claims, claims that the App/Services fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App/Services, including those pertaining to intellectual property rights, must be directed to IFB in accordance with the "Information or Complaints" section above. In the event of any third party claim that the App/Services or the end-user's possession and use of the App/Services infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement or discharge of any such intellectual property infringement claim. The licence you have been granted herein is limited to a non-transferable licence to use the App/Services on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App/Services, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, IFB's right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.