End User License Agreement (EULA)

1. Relationship to App Store Terms

If you obtained the app via the Apple App Store, your use is also subject to Apple's Licensed Application End User License Agreement (Apple Standard EULA). This EULA supplements the Apple Standard EULA. If there is a conflict, the Apple Standard EULA controls solely to the extent of the conflict.

2. Scope of License

Subject to your continuous compliance, we grant you a limited, nonexclusive, nontransferable, non-sublicensable license to download, install, and use the app on devices you own or control for your personal or internal business purposes. We reserve all rights not expressly granted.

3. Subscription and Billing Terms

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  Auto-Renewal: Some features are offered as auto-renewable subscriptions. Unless cancelled before the end of the current period, your subscription auto-renews and your payment method is charged in advance for the next period.
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  Billing Provider: If purchased via the Apple App Store, billing and cancellations are handled by Apple. If purchased directly, billing is handled by our processor and this EULA governs cancellation and refunds.
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  Free Trials: If a free trial is offered, you will be charged at the end of the trial unless you cancel before the trial ends.
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  Price Changes: We may modify subscription prices prospectively. For App Store purchases, Apple may notify you of price changes; continued use after the effective date constitutes consent.
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  Taxes: Prices may exclude applicable taxes, duties, and charges which are your responsibility unless stated otherwise.
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  Cancellations and Refunds: For App Store purchases, manage or cancel in your Apple account settings; refunds are subject to Apple's policies. For direct purchases, contact us; refunds are governed by law and our policies.

4. Account, Access, and Eligibility

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  Age: You must be at least the age of majority in your jurisdiction or have parental consent.
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  Security: You are responsible for maintaining the confidentiality of your credentials and all activities under your account.
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  Abuse: We may suspend or terminate access for suspected fraud, abuse, or violation of this EULA.

5. Acceptable Use and Restrictions

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  No Reverse Engineering: Do not copy, reverse engineer, decompile, disassemble, modify, or create derivative works except as permitted by law.
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  No Unauthorized Distribution: Do not share, lease, sublicense, or distribute the app to third parties.
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  No Misuse: Do not use the app to develop competing products, infringe rights, violate laws, or compromise security.
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  No Interference: Do not interfere with or compromise the security, integrity, or availability of the app or services.

6. External Services and Third Parties

The app may enable access to third-party services and websites (External Services). Use of External Services is at your own risk. We are not responsible for their content, accuracy, or availability and disclaim any liability arising from their use.

7. Data and Privacy

We may collect technical and usage data to provide updates, support, and improve our products. Personal data handling is described in our Privacy Policy. By using the app, you consent to such data practices.

8. Intellectual Property

We and our licensors own all rights, title, and interest in and to the app, including all content and intellectual property rights. This EULA does not transfer any ownership rights to you.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ANY SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY WILL NOT EXCEED US$50 OR THE AMOUNT YOU PAID (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

11. Export and Sanctions Compliance

You may not use or export the app except as authorized by United States law and the laws of the jurisdictions in which the app was obtained.

12. U.S. Government End Users

The app and documentation are 'Commercial Items' as defined in 48 C.F.R. §2.101 and are provided to U.S. Government end users with only those rights as are granted to all other end users pursuant to this EULA.

13. Governing Law; Venue

Unless prohibited by applicable law, this EULA and any dispute arising out of it are governed by the laws of the State of Queensland, Australia, without regard to conflict of law rules. The courts located in Queensland, Australia shall have exclusive jurisdiction. If you are an EU, Swiss, Norwegian, or Icelandic resident, your usual place of residence's law and courts apply.

14. Term and Termination

This EULA is effective until terminated. Your rights terminate automatically without notice if you fail to comply with any term. Upon termination, you must cease all use and delete all copies of the app. Sections intended by their nature to survive shall survive termination.

15. Changes to this EULA

We may update this EULA from time to time. We will post the updated EULA and update the 'Last updated' date above. Changes are effective when posted, unless otherwise required by law.

16. Contact

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  Email: hello@theusefulapps.com
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  Phone: +61 481 359 392

References