The software license terms under which the Ovify mobile application is licensed to you.
This End User License Agreement (the "EULA") governs the software license for the Ovify mobile application (the "App"). The App is licensed, not sold, to you.
Subject to your continuing compliance with this EULA, the Terms of Service and the Privacy Policy, Appify sp. z o.o. (KRS 0001238642, NIP 5273217273, registered office: ul. Marcina Kasprzaka 31/119, 01-234 Warsaw, Poland) ("Licensor") grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install and use the App on any Apple-branded device you own or control, and as permitted by the "Usage Rules" set forth in the Apple Media Services Terms, for your personal, non-commercial purposes.
You may not, and you may not allow any third party to:
The App is licensed, not sold. Licensor retains all right, title and interest in and to the App, including all intellectual-property rights. Nothing in this EULA transfers any ownership to you. All rights not expressly granted are reserved.
The App incorporates third-party open-source software components. Each such component is governed by its own license. The full list of components and the text of their licenses is available in the App at Settings → About → Open Source Licenses, or on request at support@ovify.app.
Licensor may, from time to time, provide updates, upgrades, bug fixes or new versions of the App. This EULA applies to any such update unless a separate license is provided with it. Updates may change or remove features.
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any provision. On termination you must stop using the App and delete all copies. Sections 3, 6–10 survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. SEE THE MEDICAL DISCLAIMER FOR ADDITIONAL IMPORTANT LIMITATIONS REGARDING HEALTH-RELATED USE.
Consumers resident in the European Economic Area or Switzerland retain any mandatory statutory rights granted under applicable law notwithstanding this Section.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THIS EULA OR THE APP. LICENSOR'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR TWENTY U.S. DOLLARS (US$20), WHICHEVER IS GREATER. Non-excludable statutory rights of EEA / Swiss consumers are not affected.
The App is "commercial computer software" and "commercial computer software documentation" as those terms are defined in FAR 2.101 and DFARS 252.227-7014(a)(1), and is provided to U.S. Government end users only as a commercial item, with the same rights given to all other end users, and subject to the terms of this EULA and any applicable supplemental license terms.
You represent and warrant that (i) you are not located in any country subject to a comprehensive U.S. Government embargo or designated as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals List and the U.S. Department of Commerce Denied Persons List or Entity List.
You and Licensor acknowledge that this EULA is concluded between you and Licensor only, and not with Apple Inc. ("Apple"), and that Licensor — not Apple — is solely responsible for the App and its content. To the extent this EULA provides rights or benefits to Apple, Apple is a third-party beneficiary of this EULA entitled to enforce it.
If any provision of this EULA is held unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach shall constitute a waiver of any subsequent breach. This EULA, together with the Terms of Service, the Privacy Policy, the Subscription Terms, the Accessibility Statement and the Medical Disclaimer, is the entire agreement between the parties with respect to the App and supersedes all prior agreements on the same subject.
Appify sp. z o.o.
ul. Marcina Kasprzaka 31/119
01-234 Warsaw, Poland
support@ovify.app