End User Licence Agreement

1. The Agreement

This End User Licence Agreement (“EULA”) is a legal agreement between you and AppsBrains for any AppsBrains-published mobile application, including its updates, documentation and any content delivered with it (the “Licensed Application”).

By downloading, installing or using the Licensed Application you accept this EULA. If you do not accept it, do not install or use the Licensed Application, and delete any copy you hold.

2. Scope of Licence

AppsBrains grants you a non-transferable, non-exclusive, revocable licence to use the Licensed Application on any Apple- or Android-branded device that you own or control, as permitted by the App Store or Google Play usage rules in force at the time.

• The licence covers personal, non-commercial use, or internal use within your own business.
• Under Apple’s Family Sharing or volume purchase programmes, the Licensed Application may be shared as those programmes allow.
• Updates provided by AppsBrains are governed by this EULA unless a separate licence accompanies them.
• All rights not expressly granted are reserved by AppsBrains.

3. Restrictions

You may not, and may not allow anyone else to:

• Copy the Licensed Application except as permitted by this licence or by applicable law;
• Distribute, rent, lease, lend, sell, sublicense or otherwise transfer it;
• Reverse engineer, decompile, disassemble or attempt to derive its source code, except to the extent that this restriction cannot lawfully be imposed;
• Modify, adapt, translate or create derivative works of it;
• Remove, obscure or alter any copyright, trademark or other proprietary notice;
• Use it to develop a competing product, or to build a dataset for training machine learning models;
• Use it on a jailbroken or rooted device, or circumvent any technical protection measure;
• Use it in any way that breaches applicable law, export control regulations, or the app store’s terms.

4. Maintenance and Support

AppsBrains is solely responsible for providing maintenance and support for the Licensed Application, as specified in this EULA and as required by applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance or support services in relation to the Licensed Application.

Support is available at apps@appsbrains.co or via our Help Center, normally within 24 hours on business days.

5. Use of Data

You acknowledge and agree that AppsBrains may collect and use technical data and related information — including device, system and application data — gathered periodically to facilitate software updates, product support and other services. AppsBrains may use this information, in a form that does not personally identify you, to improve its products or provide services to you. Our full data practices are described in the Privacy Policy.

6. Warranty

AppsBrains is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are the sole responsibility of AppsBrains.

Except as expressly stated, the Licensed Application is provided “AS IS” without warranty of any kind. This does not affect statutory consumer rights that cannot be waived under the law of your country of residence.

7. Product Claims

AppsBrains, not Apple or Google, is responsible for addressing any claims by you or a third party relating to the Licensed Application or your possession and use of it, including:

• product liability claims;
• any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement;
• claims arising under consumer protection, privacy or similar legislation, including in connection with the Licensed Application’s use of frameworks such as HealthKit or Google Fit where applicable.

This EULA does not limit AppsBrains’ liability beyond what is permitted by applicable law.

8. Intellectual Property Claims

In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party’s intellectual property rights, AppsBrains — not Apple or Google — will be solely responsible for the investigation, defence, settlement and discharge of that claim.

9. Legal Compliance

You represent and warrant that:

• you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
• 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 when using the Licensed Application (for example, your wireless data service agreement).

10. Third-Party Beneficiary

You and AppsBrains acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA, and that upon your acceptance of its terms Apple has the right (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary. The same applies to Google in respect of applications obtained through Google Play, to the extent Google Play’s terms so provide.

11. Term and Termination

This EULA takes effect when you first install or use the Licensed Application and continues until terminated. It terminates automatically if you breach any of its terms. On termination you must stop all use and delete all copies of the Licensed Application. Sections 5 to 10 and 12 to 14 survive termination.

12. Limitation of Liability

To the maximum extent permitted by law, AppsBrains’ total liability arising out of or related to the Licensed Application is limited to the greater of the amount you paid for it in the 12 months before the claim, or USD 100. AppsBrains is not liable for indirect, incidental, special or consequential damages, or for loss of data, profits or goodwill. Nothing here excludes liability that cannot be excluded by law.

13. Governing Law

This EULA is governed by the laws of England and Wales, excluding conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer resident elsewhere, the mandatory consumer protection laws of your country of residence continue to apply.

14. Contact