Thank you for sharing the Terms of Use and End User License Agreement (EULA) for your mobile application. Upon review, your document comprehensively addresses key aspects essential for governing user interactions and protecting your rights. It aligns well with standard practices observed in similar agreements.
Key Observations:
Introduction and Acceptance: The agreement clearly defines the contractual relationship between the user and your company, specifying that downloading, installing, or using the app signifies acceptance of the terms. This approach is consistent with standard EULA practices.
Modifications to the Agreement: You've reserved the right to modify the agreement at any time, with changes becoming effective upon updating the document. This is a common clause; however, it's advisable to notify users of significant changes to ensure transparency and continued compliance.
Eligibility Criteria: The age restrictions and requirements for parental consent are clearly outlined, ensuring that users are legally permitted to enter into the agreement. This is crucial for compliance with various legal standards.
License Grant and Restrictions: The agreement provides a limited, non-exclusive, non-transferable, revocable license for personal use, aligning with typical EULA provisions. It also appropriately prohibits unauthorized actions such as reverse engineering and sharing the app with third parties.
Privacy Policy Integration: Incorporating the Privacy Policy by reference ensures users are informed about data collection and usage practices, which is essential for compliance with privacy laws.
Prohibited Conduct: The agreement specifies unacceptable behaviors, protecting your company's interests and maintaining the app's integrity.
Intellectual Property Rights: By asserting ownership and restricting unauthorized use of intellectual property, the agreement safeguards your company's assets.
Governing Law and Dispute Resolution: Specifying the governing law and jurisdiction provides clarity on legal matters, which is a standard practice in EULAs.
Recommendations:
User Notifications for Amendments: While users are advised to review the agreement periodically, implementing a notification system for significant changes can enhance transparency and user trust.
Clarification on Third-Party Services: If the app integrates with third-party services, it's beneficial to outline how these services are governed within the agreement.
Limitation of Liability: Including a clause that limits your company's liability in specific scenarios can provide additional legal protection.
Termination Clause: Detailing the conditions under which the agreement may be terminated by either party, and the consequences thereof, can offer clearer guidance to users.
For further refinement, you might consider reviewing sample templates and guidelines available from legal resources such as TermsFeed and Termly
These resources offer comprehensive insights into crafting robust mobile app terms and conditions.
Incorporating these recommendations can strengthen your agreement, ensuring it remains comprehensive and legally sound.
AVAILABILITY OF THE APP, SECURITY AND ACCURACY
In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access. However, please note that we offer you widgets that save translations and allow you to access them later in offline mode.
We do not warrant that the App will be compatible with all hardware and software which you may use.
We make no warranty that your access to the App will be uninterrupted, timely or error-free. Neither does Apple have an obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
The version of the App may be upgraded from time to time to add support for new functions and services.
We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.
You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.
You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use the App for any reason you should uninstall the App.
CHARGES
The App is provided on free basis. Once you download the App, you’ll have access to its basic features.
Access to some services and/or additional features within the App requires paid subscriptions. The full list of Premium options and pricing is provided on the App’s page. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription, you will still have access to basic functions of the App. Premium options are available during the whole free trial period.
You can choose different subscription options. Prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your iTunes Account Settings at least 24 hours before the end of the current period. Payment will be charged to iTunes Account at confirmation of purchase. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
Certain services within the App may be available as an In-App Purchase.
You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.
THIRD-PARTY WEBSITES AND RESOURCES
The App may contain links to third-party websites and mobile applications, or rely on third-party services for certain features. We have no control over the content of these third-party websites or services and accept no responsibility for them. These links are provided “as is” for your convenience without any warranty, express or implied, regarding the information contained on such websites or services.
You acknowledge that you must comply with the terms and conditions of any third-party services you use through the App. You bear all risks associated with the use of third-party websites or resources. If you have any concerns, complaints, or queries regarding third-party websites or services (including issues like product defects, refunds, or service performance), you must contact the operator of that third-party platform directly.
DISCLAIMER OF WARRANTIES
You agree to use the App and its services at your own risk. The App, its services, and all associated materials, information, software, and content are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee the merchantability, technical compatibility, or fitness for a particular purpose of the App or any products and services associated with it.
We do not guarantee that the App will function without interruption, errors, or defects, nor that it will be free from viruses or other harmful elements. Any issues related to the App’s failure to meet your expectations should be reported to Apple, who may refund the purchase price to you, but they will have no further obligations.
You are responsible for obtaining explicit consent from individuals for tracking or using personal data within the App, and you assume all liability for misuse in this context.
LIMITATION OF LIABILITY
Under no circumstances shall we be held liable for any direct or indirect damages arising from the use of the App and its services. This includes, but is not limited to, special, consequential, incidental, exemplary, or punitive damages, as well as loss of profit or revenue, even if we were advised of the possibility of such damages.
We are not liable for any damages resulting from third-party services, products, or information accessed through the App. Furthermore, we are not liable for any legal actions—whether private or governmental—related to your use of the App.
Apple is not responsible for addressing claims regarding the App or your use of it, including claims related to product liability, compliance with legal requirements, and privacy or consumer protection laws.
LEGAL COMPLIANCE
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or designated as a “terrorist-supporting” country by the U.S. Government; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
THIRD-PARTY BENEFICIARY
You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this End-User License Agreement (EULA). By accepting the terms and conditions of these Terms of Use and EULA, Apple will have the right to enforce these terms as a third-party beneficiary.
TERMINATION
We reserve the right to terminate this Agreement at any time for any reason at our sole discretion. Upon termination, (a) all rights and licenses granted to you shall cease; and (b) you must discontinue all use of the App.
SEVERABILITY
If any provision of this Agreement becomes illegal, invalid, or unenforceable, that provision will be adjusted to be legal or, if not possible, deleted. The remaining terms of this Agreement will remain in full force and effect.
You may not assign or transfer the contract between you and us to any other party.
CONTACT INFORMATION
If you have any questions regarding this Agreement or the App, or if you require support, feel free to reach out to us via email at: support@elegantique.net.
LICENSED APPLICATION END USER LICENSE AGREEMENT(EULA)
Applications made available via the App Store are licensed to you—not sold. Your right to use each App depends on your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”) or, if applicable, a Custom End User License Agreement (“Custom EULA”) provided by the Application Provider. If the App is developed by Apple, your license under this EULA is granted by Apple. For third-party Apps, the license is provided by the App’s developer (“Application Provider”). All Apps governed by this Standard EULA are referred to as the “Licensed Application.” The Licensor (either Apple or the Application Provider, depending on the App) retains all rights in and to the Licensed Application, except for those expressly granted to you under this EULA.
a. License Scope
You are granted a non-transferable license to use the Licensed Application on Apple-branded devices that you own or control, in line with the Usage Rules. This license includes any in-app content, services, or upgrades provided by the Licensor. Unless allowed by the Usage Rules, you cannot distribute or share the Licensed Application across a network for simultaneous use by multiple devices. You may not sell, transfer, or sublicense the App, and must remove it from any Apple device you sell. You are prohibited from copying, reverse engineering, decompiling, attempting to derive source code, modifying, or creating derivative works of the Licensed Application or its updates, unless such actions are permitted by law or relevant open-source licenses.
b. Data Usage Consent
You consent to the Licensor’s collection and use of technical information about your device, system, applications, and peripherals. This data may be used to deliver software updates, support, and related services, and may also be used in a non-personally identifiable form to enhance the Licensor’s products and services.
c. Termination
This EULA remains effective until terminated by either you or the Licensor. Your rights under this agreement will automatically end if you violate any of its terms.
d. External Services
The Licensed Application may offer access to services or content from the Licensor or third parties (“External Services”). You agree to use such services at your own discretion and risk. The Licensor is not responsible for evaluating or endorsing the content or accuracy of any third-party External Services, and shall not be liable for them. Any information provided through the Licensed Application or External Services is for general information only and not guaranteed. You also agree not to misuse External Services or violate intellectual property rights or laws. Access to External Services may differ by language, location, or region, and the Licensor reserves the right to modify or restrict access at any time without notice.
e. No Warranty
You acknowledge that use of the Licensed Application is solely at your own risk. To the maximum extent permitted by law, the Licensed Application and any associated services are provided “as is” and “as available,” without warranties of any kind. The Licensor disclaims all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, accuracy, and non-infringement. No advice or information, whether oral or written, shall create any warranty. If the App or services prove defective, you bear the full cost of necessary servicing or correction. Some jurisdictions do not allow the exclusion of implied warranties, so certain exclusions may not apply.
f. Limitation of Liability
To the extent allowed by law, the Licensor will not be liable for personal injury or any indirect, incidental, special, or consequential damages, including loss of profits, data, or business, even if advised of the possibility. Certain jurisdictions may not allow these limitations, so they may not apply to you. In no event shall the Licensor’s total liability exceed fifty dollars ($50.00), even if any remedy fails in its essential purpose.
g. Export Restrictions
You may not use or export the Licensed Application except as authorized by U.S. law and local regulations. The App cannot be exported to countries under U.S. embargo or individuals listed on U.S. government restricted lists. By using the App, you represent that you are not subject to these restrictions and will not use the App for prohibited purposes, such as the development of nuclear or biological weapons.
h. U.S. Government Users
The Licensed Application is classified as “Commercial Computer Software” and associated documentation as “Commercial Items” per U.S. regulations (48 C.F.R. §§2.101, 12.212, and 227.7202). As such, it is provided to U.S. Government users with only the rights granted to all other users under this Agreement. Unpublished rights are reserved under U.S. copyright law.
Governing Law and Jurisdiction
Unless specified otherwise below, this Agreement and your relationship with Apple shall be governed by the laws of California, excluding conflict of law rules. Both you and Apple agree to submit to the exclusive jurisdiction of courts located in Santa Clara County, California for any legal matters arising under this Agreement.
If you:
(a) are not a U.S. citizen,
(b) do not reside in the U.S.,
(c) are not using the service from the U.S., and
(d) are a citizen of a country listed below — then any legal disputes shall be governed by the laws of your country of residence, and you agree to submit to the jurisdiction of its courts:
European Union, Switzerland, Norway, or Iceland: Laws and courts of your usual place of residence apply.
This Agreement expressly excludes the application of the United Nations Convention on Contracts for the International Sale of Goods.
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