Engsy – Terms and conditions (End-User License Agreement)
Engsy – Terms and conditions (End-User License Agreement)
Last Updated: 2025.03.04
1.1. This End-User License Agreement (“EULA”) is concluded between you (“End-User”) and Maksim Polous(“Owner,” “we,” or “us”) only, and not with Apple.
1.2. Apple is not responsible for the App or its content.
1.3. You acknowledge that your use of the App is subject to the Apple Media Services Terms and Conditions, and you agree to comply with those terms where applicable.
By downloading or using Engsy (“the App”), you agree to the terms and conditions of this EULA. If you do not agree, do not use or access the App.
3.1. We grant you a limited, non-exclusive, non-transferable license to install and use the App on any Apple-branded devices that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
3.2. This license also allows the App to be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, as permitted by Apple’s Usage Rules.
4.1. Except for the rights explicitly granted to you under this EULA, all intellectual property rights to the App belong to Maksim Polous.
4.2. You receive this license for personal, non-commercial purposes only.
5.1. The App may offer optional in-app purchases or subscriptions.
5.2. Refunds (if any) will be handled in accordance with the refund policies of the applicable app store (e.g., Apple App Store or Google Play).
6.1. The App may display advertisements, including its own.
6.2. We are not responsible for the content or practices of any third-party advertisers or websites linked to or from the App.
7.1. The App is provided “as is” without warranties of any kind, except to the extent required by law or as otherwise explicitly stated herein.
7.2. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you.
7.3. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty will be our sole responsibility.
8.1. You and we acknowledge that Maksim Polous, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the App or the End-User’s possession and/or use of the App, including but not limited to:
(i) product liability claims,
(ii) claims that the App fails to conform to any applicable legal or regulatory requirement, and
(iii) claims arising under consumer protection, privacy, or similar legislation.
8.2. Nothing in this EULA shall limit our liability beyond what is permitted by applicable law.
9.1. In the event of any third-party claim that the App or the End-User’s possession and use of the App infringes a third party’s intellectual property rights, Maksim Polous, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
10.1. By using the 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.
The App can use certain third-party services (e.g. Google Analytics, advertising networks, payment providers) which may have their own terms and policies, and the End-User agrees to comply with them.
For more details on how third-party services are used in the App, please see our Privacy Policy.
12.1. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA.
12.2. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
Except as expressly stated under Section 7 (Warranty), we disclaim all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.
To the extent permitted by law, Maksim Polous will not be liable for any indirect, incidental, or consequential damages arising out of your use or inability to use the App. Nothing in this EULA excludes or limits liability to a greater extent than permitted by applicable law.
15.1. We may modify or discontinue the App (or any part thereof) at any time without prior notice.
15.2. Your continued use of the App after such modifications indicates your acceptance of any changes to this EULA.
15.3. If you do not agree to any amended terms, you must discontinue use of the App.
Developer (Owner) Name: Maksim Polous
Address: Latvia, Riga, Veru 3, LV-1010
Contact Information:
Email: genius.brain.first@gmail.com
For any questions or concerns about these Terms, please contact us at:
Email: genius.brain.first@gmail.com