Summary: You agree to use this App on your smartphone as-is and without any warranty as to performance or usability of the App. You agree to allow us to collect anonymous App and phone usage information, details of which we will always disclose in our FAQ. You allow us to make changes to this agreement and product without prior or written notice. PowerMax and VoltUp are trademarks of BatteryStorm Mobile, Inc.
PowerMax by BatteryStorm Mobile, Inc. End User License Agreement
By clicking yes in the acceptance box, or by installing, copying or otherwise using the software, the user agrees to be bound by the terms of this End User License Agreement. This agreement may be renewed, modified and/or amended from time to time by BatteryStorm Mobile Inc. BatteryStorm Mobile, Inc reserves the right to make changes to its products or to discontinue any product or service without notice.
If you do not agree to the terms of this agreement, you may not use this software and must uninstall it.
The Software performance is dependent on your smartphone configuration, network conditions, radio performance, and your usage patterns. Although this Software has been thoroughly tested, operation is not guaranteed to work on all smartphone models, operating systems variants and software configurations.
BatteryStorm Mobile, Inc makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. BatteryStorm Mobile, Inc makes no warranties, express or implied, in fact or in law, including but not limited to any implied warranties of merchantability or fitness for a particular use or purpose. It is up to the user to determine the fitness of this Software for a particular use or purpose. BatteryStorm Mobile, Inc accepts no liability for user configuration of or modification to their applications, operating system, or smartphone. BatteryStorm Mobile, Inc will not be responsible or liable for the loss of data on any computer or information storage device.
The user may use this software only at their own risk. The user must determine whether the software product sufficiently meets their requirements for usability, security, and smartphone performance. BatteryStorm Mobile, Inc assumes no liability for applications assistance or user implementations of the Software. BatteryStorm Mobile, Inc products are not designed, authorized, or warranted to be suitable for use in life-saving situations, life-support devices, or other critical applications involving potential risks of death, personal injury, or property or environmental damage.
To the maximum extent permitted by law, in no event shall BatteryStorm Mobile, Inc be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other damages or losses, related to your use of the software. Under no circumstances shall BatteryStorm Mobile, Inc be liable to the user or any other party for indirect, consequential, special, incidental, or exemplary damages of any kind resulting from the performance, installation, or use of the software.
Data collection: This application may collect anonymous App and Device usage statistics on an ongoing basis and send those to BatteryStorm Mobile, Inc.
This agreement is governed by the laws of Delaware, without regard to Delaware’s conflict or choice of law provisions. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. Any express or implied restrictions shall remain in full force and effect to the maximum extent permitted by applicable laws.
You may not decompile, “reverse-engineer,” disassemble, or otherwise attempt to derive source code for the Software Product. You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations.
You may make only one copy of the software for archival purposes only. If a Software update completely replaces a previously licensed version of the Software, you may not use both versions of the Software at the same time nor may you transfer them separately. You may not, not even in parts, circulate the license/license keys transmitted to you to any third party. BatteryStorm Mobile, Inc reserves the right to block licenses/license keys that are refunded or unpaid for.
The Software may not be exported or re-exported into any U.S. embargoed countries.
Your remedy for a breach of this agreement or of any warranty of this agreement is the correction or replacement of our software product. Selection of correction or replacement of our software shall be at the discretion of BatteryStorm Mobile, Inc. Any purchase refund claim must be made within the applicable warranty period. All warranties cover only software defects arising under normal use of the software, and do not include malfunctions due to misuse, neglect, alteration, electrical power problems, or unusual environmental conditions.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from BatteryStorm Mobile, Inc if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Software and destroy all copies of the Software. You agree to indemnify and hold BatteryStorm Mobile, Inc harmless against any liability (including attorneys fees) arising out of your failure to comply with the terms of this agreement.
Patent Pending. Trademarks Registered. Copyright 2010-2012 by BatteryStorm Mobile, Inc.