Terms of Service
Last Updated: March 23, 2025
Welcome to Never Ever! These Terms of Service ("Terms") govern how you access and use the Never Ever mobile application (the "App"), operated by us ("we," "our," or "us"). By downloading, installing, or using the App, you agree to comply with these Terms. If you do not agree, please do not use the App.
For questions or assistance, contact us at dorakawa@dutaronipel.live.
1. Acceptance of Terms
By using the App, you confirm that you are at least 13 years old (or the minimum legal age in your jurisdiction, if higher). If you are under 13, you are not permitted to use the App. If you accept these Terms on behalf of a company or organization, you affirm that you are authorized to bind that entity.
2. Updates to the Terms
We may amend these Terms from time to time to reflect changes in law, updates to the App, or adjustments to our practices. Notice of material changes will be provided in-app or by email (if available). Continuing to use the App after updates means you accept the revised Terms.
3. License to Use
We provide you with a limited, non-exclusive, non-transferable, and revocable license to use the App on your iOS device strictly for personal, non-commercial purposes, and only as outlined in these Terms.
You must not:
Copy, alter, distribute, sell, or lease any part of the App.
Reverse engineer, decompile, or otherwise attempt to derive the source code of the App (unless expressly permitted by law).
Use the App for unlawful, harmful, or unauthorized purposes.
Remove or modify any copyright, trademark, or ownership notices included in the App.
4. Availability and Updates
Service Availability: The App is provided on an "as is" and "as available" basis, without guarantees of uninterrupted service.
Updates: We may release patches, upgrades, or new versions, which could be required to continue using the App.
Device Requirements: You are responsible for ensuring your device meets compatibility requirements (e.g., iOS version).
5. User Responsibilities
When using the App, you agree to act lawfully and respectfully. You may not:
Harass, threaten, or infringe on the rights of others.
Upload viruses, malware, or other harmful content.
Attempt unauthorized access to our systems or networks.
6. Intellectual Property
All rights, title, and interest in the App (including design, software, and content, except for user-generated content) belong to us or our licensors.
If you submit feedback, ideas, or suggestions to dorakawa@dutaronipel.live, you grant us a perpetual, worldwide, royalty-free license to use and adapt them without any obligation to compensate you.
7. Third-Party Services
The App may integrate third-party tools (such as Amplitude Analytics, Google Sheets). Use of such services is subject to their respective terms and privacy policies:
[Amplitude Terms of Service]
[Google Terms of Service]
We are not responsible for the actions, availability, or policies of third-party services.
8. Privacy
Your use of the App is also governed by our Privacy Policy, available within the App or by request at dorakawa@dutaronipel.live. Please review it to understand how your data is collected and processed.
9. Termination
By You: You may stop using the App anytime by uninstalling it.
By Us: We may suspend or permanently terminate your access at our discretion, including but not limited to violations of these Terms or discontinuation of the App.
After Termination: Once terminated, your license ends and you must stop using the App.
10. Disclaimer of Warranties
The App is provided without warranties of any kind—express or implied—including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the App will meet your expectations, operate error-free, or remain secure.
11. Limitation of Liability
To the maximum extent permitted by law, we (including our affiliates, employees, and representatives) are not liable for indirect, incidental, special, or consequential damages resulting from your use—or inability to use—the App. Our total liability will not exceed the greater of:
The amount you paid to access the App (if any), or
$50 USD.
12. Indemnification
You agree to defend, indemnify, and hold us harmless from claims, damages, liabilities, or expenses (including reasonable legal fees) arising from your use of the App, your violation of these Terms, or infringement of third-party rights.
12A. Reverse Engineering Penalty
Any attempt to reverse engineer, decompile, or otherwise extract the source code of the App, except where expressly permitted by law, will be treated as a material breach of these Terms. In addition to any other remedies available, you agree to pay $150,000 USD in liquidated damages for each violation. This sum represents a fair estimate of damages and is not intended as a penalty.
13. Governing Law and Dispute Resolution
Applicable Law: These Terms shall be governed solely by the laws of Switzerland, excluding its conflict of law rules.
Dispute Resolution: Any disputes, claims, or controversies will first be addressed through good-faith negotiation. If unresolved, they shall be finally settled through binding arbitration under the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution. The arbitration will take place in Zurich, Switzerland, and proceedings will be conducted in English.
No Class Actions: You waive the right to participate in class actions or collective proceedings.
14. App Store Terms
Your use of the App is also subject to Apple’s App Store Terms of Service. In case of conflict, Apple’s terms will prevail.
Apple is not responsible for the App’s maintenance, support, or content. All claims must be directed to dorakawa@dutaronipel.live.
15. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy, form the complete agreement between you and us.
Severability: If any provision is held unenforceable, the remainder of the Terms will still apply.
No Waiver: Our failure to enforce a right or provision does not mean we waive the ability to enforce it later.
16. Contact Information
If you have questions, concerns, or require support, reach out at:
📧 dorakawa@dutaronipel.live