Terms of Service
Effective on November 1st, 2016.
Important: By using, downloading or installing any element of the Flint Product (as defined below), you indicate that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). Due Inc. (“Due”, “we” or “us”) provides the Flint Product subject to the terms set forth herein. These Terms govern your use of the Flint Product and form a legal contract between us and you (“Customer” or “you”). If you are an individual accepting these Terms on behalf of a company or entity, then you are binding the company or entity to these Terms and represent and warrant that you have full power and authority to do so. We may modify these Terms from time to time as described in Section 13 (Modifications to Terms) below.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Introduction. Thank you for using the Flint Product! The “Flint Product” means (a) the Flint suite of services and features related to business management, including creation and payment of invoices, and related reports, (b) related mobile applications and software (“Software”), (c) any Updates (defined below) and (d) Flint Product standard user documentation.
Your Account. You must be at least 18 years of age to use the Flint Product. Use of the Flint Product may require you to create an account and register your email address and a password. You are solely responsible for any and all actions are taken using your account and you must keep your passwords secure.
The Flint Product.
Use of the Flint Product. Subject to these Terms, including Section 4 (Usage Plans, Fees, and Beta Releases) below, you may access and use the Flint Product for your internal business purposes and in accordance with our standard user documentation. This includes the right to download and use the Software on compatible devices that you own or control. You may permit your employees and agents to use the Flint Product on your behalf, but you must remain responsible for their acts, omissions, and compliance with these Terms.
Restrictions. Your rights to use the Flint Product are non-exclusive, non-transferable and non-sublicensable. You will not (or permit anyone else to): (i) rent, lease, reproduce, modify, create derivative works of, distribute or transfer the Flint Product; (ii) use the Flint Product for the benefit of any third party or incorporate the Flint Product into any other Flint Product or service; (iii) circumvent mechanisms in the Flint Product intended to limit your use; (iv) reverse engineer, disassemble, decompile, or translate the Flint Product or attempt to derive the source code of the Software or any non-public APIs; (v) publicly disseminate information regarding the performance of the Flint Product; (vi) access the Flint Product to build a competitive Flint Product or service; (vii) submit any viruses, worms or other harmful code to the Flint Product or otherwise interfere with or cause harm to the Flint Product; (viii) seek to access information or data of other Flint Product customers; (ix) use the Flint Product to transmit spam or other unsolicited email; or (x) use the Flint Product except as expressly permitted herein.
Usage Plans, Fees, and Beta Releases.
Usage Plans. We may offer various usage plans for the Flint Product from time to time, including:
Free trials, which offer limited functionality and will expire if not converted to a paid plan (“Trial Plans”);
Paid subscriptions, which allow you to create an unlimited number of invoices during a specific subscription period (“Paid Plans”); and
Paid invoice packages, which let you purchase a specific number of invoices to be used within a defined period of time from the purchase date (“Invoice Packages”).
Your permitted scope of use – such as features available and a number of invoices and users – depends on the plan you select. Your specific plan will be identified in the terms presented when you register, order or pay for the Flint Product (“Order Terms”). These Terms incorporate the Order Terms and any referenced URLs and Flint Product policies. Depending on how you use the Flint Product, the Order Terms may be presented to us (e.g., through our website), by a third party application store or marketplace (“App Marketplace”) or through the Flint Product itself. Paid Subscriptions are for limited subscription terms and, if not renewed, the Flint Product will revert to limited (or no) functionality once a subscription term expires. If you have a Trial Plan, you may use the Flint Product solely to determine whether to purchase a paid plan.
Fees. For Paid Plans and Invoice Packages, you must pay all fees and taxes to Due. Renewals are governed by our Billing Policy. All fees are non-refundable except as expressly specified in Section 9.2 (Termination or Suspension by Due), Section 13 (Modifications to Terms), Section 16 (Apple-Related Terms), the Order Terms or our Billing Policy.
Beta Releases. As part of our effort to extend the functionality of the Flint Product, certain features of the Flint Product may be made available to customers on a “beta” basis (“Beta Releases”). If Customer chooses to use a Beta Release, Customer acknowledges that the Beta Release may not be complete or fully functional and may contain bugs, errors, omissions and other problems. We do not guarantee that future versions of a Beta Release will be made available under these Terms or otherwise.
Support and Updates. All customer support is governed by our then-current support policies. We may provide updates or upgrades to the Flint Product (“Updates”). All Updates are governed by these Terms unless we specify otherwise. In certain cases, we may require you to download Updates to continue to use the Flint Product. Updates and other Flint Product changes are made at our discretion; we have no liability to you for any such changes and do not guarantee that any changes will meet your needs.
Your Rights. As between Due and Customer, Customer retains all of its rights to any business information or other data that Customer submits to the Flint Product (“Customer Data”).
Use of Customer Data. Customer grants Due a worldwide, non-exclusive, royalty-free right to use, copy, store, transmit, distribute, publicly perform and display, create derivative works of and modify any Customer Data in order to provide the Flint Product to Customer and otherwise to operate, improve and maintain the Flint Product. This includes our distribution of invoices containing Customer Data to the recipients designated by Customer through the Flint Product. We may use the services of subcontractors to provide the Flint Product and permit them to exercise our rights to Customer Data.
Storage of Customer Data. We do not provide an archiving service. We agree only that we will not intentionally delete Customer Data prior to termination or expiration of your Paid Subscription or Invoice Package. We expressly disclaim all other storage obligations to the extent permitted by applicable law. You are solely responsible for maintaining backups of Customer Data on your own systems.
Flint Payments. The additional terms in Section 7 apply to your use of Flint Payments.
(B) Certain Customer Data Prohibited. Except in the specific fields designated by Due, Customer agrees not to submit to the Flint Product any tax identification numbers, bank account numbers or credit or debit card numbers. In addition, Customer agrees not to include in any invoices or otherwise submit to the Flint Product any of the following: (i) patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations. (including without limitation any health insurance information); (ii) social security numbers; or (iii) driver’s license numbers or California identification card numbers.
(C) Attorney Use. While attorneys are welcome to use the Flint Product, they should not submit anything that constitutes or could reasonably be considered “confidential” or “attorney-client privileged” information.
(D) Responsibility for Customer Data. Due takes no responsibility and assumes no liability for any Customer Data, and Customer is solely responsible for Customer Data and the consequences of its use.
Customer Indemnity. Customer will indemnify defend (at Due’s request) and hold harmless Due (and its affiliates and their respective employees, agents, officers, directors and customers) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) any Customer Data, (ii) Customer’s negligence, misconduct or breach or alleged breach of these Terms, (iii) Customer’s relationships or disputes with any of its own customers or business partners, including any invoice recipients, and (iv) any service, product or offering of Customer used in connection with the Flint Product.
Third Party Flint Products. If you use the Flint Product with (or to send Customer Data to) any third party products or services (as permitted through the standard functionality of the Flint Product), then you (not us) shall be fully responsible for and assume all risk arising from your use of such third party products or services and from the use of Customer Data by such third parties. We are not responsible for how third parties use Customer Data once it has left our systems.
Aggregate/Anonymous Data. In addition to its other rights above, Due may aggregate Customer Data with other data so that the results are non-personally identifiable to Customer and may collect anonymous technical and other data about Customer’s use of the Flint Product (“Aggregated/Anonymous Data”). Due owns all Aggregate/Anonymous Data and may use Aggregate/Anonymous Data for its marketing, reporting and other lawful business purposes.
Compelled Disclosures. We may share Customer Data when we have a good-faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (i) satisfy any Law, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; or (iii) protect against imminent harm to the Flint Product or the rights, property or safety of Due, its users or the public as required or permitted by law.
Your Responsibilities. Any purchase or payment is solely between you and the Consumer; Due is not a party to your transactions and assumes no liability or responsibility for your Flint Products, services or offerings. Due is not your bank, agent, or trustee or otherwise involved in the flow of funds or payments. Any payment dispute must be resolved between you and the Consumer. WITHOUT LIMITING SECTION 10 (DISCLAIMER OF WARRANTIES) OR SECTION 11 (LIMITATION OF LABILITY) BELOW, RA MAKES NO WARRANTY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR FLINT PAYMENTS OR ANY DISPUTES, CHARGEBACKS, OVERCHARGES, DELAYED PAYMENTS, INSUFFICIENT FUNDS, EXPIRED CARDS, CIRCUMSTANCES BEYOND OUR CONTROL (INCLUDING WITHOUT LIMITATION POWER OUTAGES, SERVICE INTERRUPTIONS OR OTHERWISE) OR OTHER ISSUES RELATING TO TRANSACTIONS MADE THROUGH FLINT PAYMENTS. Notwithstanding anything in these Terms to the contrary, Due may modify, suspend or terminate Flint Payments at any time, without notice or liability to you.
Specific Terms Governing Consumer Use of Flint Payments. Flint Payments allows Consumers (“you” for purposes of this Section 7.3) to pay invoices from merchants using your credit or debit card (“Card”). By using Flint Payments, you give us permission to share your information with others as part of processing a payment through Flint Payments. For example, we may provide a merchant with your email address if you request a transaction receipt. We are not responsible for the goods and services that you purchase using Flint Payments. The merchant, and not Due, provides those goods and services and is responsible for customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The applicable Card Association and/or other entity issuing your Card, and not Due, is responsible for customer service related to your Card.
Use of Flint Payments Prior to February 18, 2016. Any all uses of Flint Payments prior to February 18, 2016, shall be governed by the previous version of the Flint Terms of Service.
Ownership. Due and its licensors retain all right, title and interest (including all intellectual property rights) in and to the Flint Product and any and all related and underlying technology and documentation. The customer is obtaining only a limited usage right to the Flint Product, regardless of the use of words like “purchase”, “sale” or similar terms. If Customer submits any comments, suggestions or other feedback regarding the Flint Product, Due may freely exploit the feedback (including as part of the Flint Product) without restriction on account of intellectual property rights or otherwise.
Termination and Suspension. These Terms will continue until terminated.
Termination by Customer. You may terminate these Terms at any time by ceasing all use of the Flint Product and deleting any Software.
Termination or Suspension by Due. For Paid Subscriptions and Invoice Packages, Due may terminate or suspend these Terms if Customer fails to cure any material breach within fifteen (15) days after written notice, except that Due may terminate or suspend these Terms immediately as a result of Customer’s breach of the express obligations under Sections 3.2 (Restrictions) or 6.5 (Customer Obligations) or to prevent harm to the Flint Product or other customers. For Trial Plans and Beta Releases, RA may terminate or suspend these Terms at any time for any or no reason. Further, if Due ceases to offer the Flint Product, or if Due’s right or ability to offer the Flint Product is restricted, suspended or terminated (whether pursuant to Laws or by App Marketplaces or other third parties), Due may immediately terminate or suspend these Terms. In such case, if you have a Paid Subscription or Invoice Package, you will receive a pro-rated refund based on the unused portion of your subscription term or the number of unused invoices remaining in your Invoice Package.
Effect of Termination. Upon termination of these Terms, your right to the Flint Product will automatically terminate and you must cease using the Flint Product and delete any Software. Following termination, you will have no further access to any Customer Data in the Flint Product and Due may delete all Customer Data in its possession at any time unless prohibited by law. You will delete all Confidential Information (or return it to Due) upon any termination of these Terms or request by Due. The following will survive termination: Section 3.2 (Restrictions), Sections 6.5 (Customer Obligations) through 6.10 (Other Data Collection and Handling), Section 7.2 (Your Responsibilities), and Sections 8 (Ownership) through 16 (Apple-Related Terms).
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FLINT PRODUCT IS PROVIDED “AS IS” AND RA AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE FLINT PRODUCT IS NOT INTENDED TO PROVIDE PROFESSIONAL ACCOUNTING OR OTHER ADVICE. RA EXPRESSLY DISCLAIMS ANY WARRANTY THAT USE OF THE FLINT PRODUCT WILL ENSURE YOUR COMPLIANCE WITH ANY ACCOUNTING STANDARDS OR LEGAL OR REGULATORY OBLIGATIONS OR THAT THE RESULTS OF THE FLINT PRODUCT WILL BE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THERE IS NO WARRANTY THAT THE FLINT PRODUCT WILL BE ERROR-FREE, THAT ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED, THAT ANY INFORMATION PROVIDED OR USED WITH THE FLINT PRODUCT WILL BE SECURE, ACCURATE, COMPLETE OR TIMELY, OR THAT ANY CUSTOMER DATA WILL BE PRESERVED OR MAINTAINED WITHOUT LOSS. RA SHALL NOT BE LIABLE FOR ANY FLINT PRODUCT FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DUE. YOU MAY HAVE OTHER STATUTORY RIGHTS; HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DUE OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY (I) FOR ANY LOST PROFITS, LOSS OF USE, LOST DATA, INTERRUPTION OF BUSINESS, FAILURE OF SECURITY MECHANISMS OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR (II) IN ANY EVENT, FOR AMOUNTS EXCEEDING THE GREATER OF (A) THE AMOUNT PAID OR PAYABLE BY CUSTOMER TO RA IN THE PRIOR SIX (6) MONTH PERIOD OR (B) ONE HUNDRED DOLLARS (US$100). THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Customer acknowledges that the foregoing limitations are an essential element of these Terms and a reasonable allocation of risk between the parties and that in the absence of such limitations the pricing and other provisions in these Terms would be substantially different. The Flint Product is controlled and operated from facilities in the United States but may involve the transmission of data or utilization of third-party services globally. DUE makes no representations that the Flint Product is appropriate or available for use in other locations. Those who access or use the Flint Product from other jurisdictions do so at their own volition and are entirely responsible for compliance with all Laws. Unless otherwise explicitly stated, all materials found on the Flint Product are solely directed to users located in the United States and its territories, operating with a US-based bank account and USD currency.
Confidential Information. In connection with access to the Flint Product, Customer may receive access to confidential or proprietary information of Due (“Confidential Information”). Confidential Information includes the Software, all non-public elements of the Flint Product and any performance information regarding the Flint Product. Confidential Information excludes information that Customer already lawfully knew or that becomes public through no fault of Customer. Customer will (a) use a reasonable degree of care to protect all Confidential Information, (b) not use Confidential Information except in support of its authorized use of the Flint Product and (c) not disclose Confidential Information except to employees and agents with a legitimate need to know and who have agreed in writing to keep it confidential. Customer may also disclose Confidential Information to the extent required by law after reasonable notice to Due and cooperation to obtain confidential treatment. Unauthorized disclosure of Confidential Information may cause harm not compensable by damages, and Due may seek injunctive or equitable relief in a court of competent jurisdiction, without posting a bond, to protect its Confidential Information.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
Governing Law. You agree that: (i) the Flint Product shall be deemed solely based in California; and (ii) the Flint Product shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms will be construed in accordance with the laws of the State of California, USA without reference to its choice of law provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The Federal and State courts located in the County of San Mateo, California will be the exclusive venue for any claim or dispute between the parties and the parties hereby consent to the personal jurisdiction of those courts for such purposes. The prevailing party in any dispute under these Terms will be entitled to its costs and reasonable attorneys’ fees.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RA. For any dispute with us, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Due has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Mateo County, California unless you and Due agree otherwise. If you are using the Flint Product for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Flint Product for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section 14 shall be deemed as preventing Due from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE FLINT PRODUCT FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Contract Mechanics and Interpretation. These Terms constitute the entire agreement between you and Due related to the Flint Product and supersede any prior or contemporaneous agreements relating to the Flint Product. If any provision of these Terms is held unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. No provision of these Terms will be deemed waived unless the waiver is in writing and signed by Due. Except as set forth in Section 13 (Modifications to Terms), all amendments to these Terms must be in writing and signed by both parties. In these Terms headings are for convenience only and “including” and similar terms will be construed without limitation.
Assignment. You may not assign or transfer these Terms or any rights hereunder, and any attempted assignment or transfer in violation of the foregoing will be void. Due may freely assign or transfer its rights or obligations hereunder at its sole discretion. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns.
Due Contact Information. If you have any questions, complaints or claims regarding the Flint Product, please contact:
201 Cowper Street Palo Alto, CA 94301
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Notices to You. We may send notices to your email on file or through the Flint Product. All notices are effective upon delivery.
Publicity. DUE may use Customer’s name, logo, and marks on Due’s customer lists and marketing materials.
Export Control. The Flint Product is subject to U.S. export control laws and regulations, and may be subject to foreign export or import laws or regulations. You agree to comply strictly with all such laws and regulations and not to use or transfer the Flint Product for any use relating to nuclear, chemical, or biological weapons or missile technology. You also represent and warrant that 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 that you are not listed on any U.S. government list of prohibited or restricted parties.
Open Source Software. The Flint Product may contain or be provided with components licensed under “open source” software licenses (“OSS”). To the extent required by the applicable OSS license, the terms of such licenses will apply in lieu of the terms of these Terms with respect to such OSS.
Government Users. The Flint Product includes commercial computer software and commercial computer software documentation. If the user or licensee of the Flint Product is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Flint Product or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Flint Product was developed fully at private expense. All other use is prohibited.
Force Majeure. Due will not be liable to Customer in any way whatsoever for any failure or delay in performance of any of its obligations under these terms arising out of any event or circumstance beyond the reasonable control of Due.
Apple-Related Terms. These Terms are between you and Due, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. As described in Section 10 (Disclaimer of Warranties), to the maximum extent permitted by law, we do not make any warranties about the Software. If the Software is nonetheless deemed not to conform to any warranty that may be implied at law, you may notify Apple and Apple will refund the purchase price (if any) for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Software, and, as between Apple and Due, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be Due’s responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software. As between Due and Apple, Due is solely responsible for the Software and for addressing any claims you or any third parties have about the Software or your possession or use of the Software, including (i) Flint Product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Software or your possession or use of the Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of such claim.