The Distance App End User License Agreement

This End User License Agreement (“Agreement”) is between you and NimbleBit LLC, publisher of The Distance App and governs use of this app made available through the Apple App Store. By installing the The Distance App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use The DistanceApp.

In order to ensure The Distance provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.

1. Parties This Agreement is between you and NimbleBit LLC, publisher of The Distance only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. The Distance, not Apple, is solely responsible for the The Distance App and its content.

2. Privacy The Distance may collect and use information about your usage of the The Distance App, including certain types of information from and about your device. The Distance may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the The Distance App.

3. Limited License The Distance grants you a limited, non-exclusive, non-transferable, revocable license to use theThe Distance App for your personal, non-commercial purposes. You may only use theThe Distance App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions By using the The Distance App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the The DistanceApp does not violate any applicable law or regulation. Your access to the The Distance App may be terminated without warning if The Distance believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the The Distance App, you agree to be bound by this Agreement in respect to your child's use of the The Distance App.

5. Objectionable Content Policy Content may not be submitted to The Distance, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty The Distance disclaims all warranties about the The Distance App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, The Distance, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support The Distance does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, The Distance, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims The Distance, not Apple, is responsible for addressing any claims by you relating to the The Distance App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the The Distance App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims The Distance shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the The Distance App. To the extent The Distance is required to provide indemnification by applicable law, The Distance, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that The Distance App or your use of it infringes any third party intellectual property right.

10. iOS Applications

The following additional terms and conditions apply with respect to any App that Blocksmith provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

You acknowledge that these Terms are between you and Blocksmith only, and not with Apple, Inc. (“Apple”).

Your use of Blocksmith’s iOS App must comply with Apple’s then-current App Store Terms of Service.

Blocksmith, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

You agree that Blocksmith, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.

You agree that Blocksmith, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

You 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.

You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Blocksmith’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.