End User License Agreement

1. The agreement

This End User License Agreement (“EULA”) is made between you and NOSEYBOARD LTD (“Noseyboard”, “we”, “us”) and governs your use of any application we publish (the “Licensed Application”).

You acknowledge that this EULA is concluded between you and Noseyboard only, and not with Apple Inc. (“Apple”). Noseyboard, not Apple, is solely responsible for the Licensed Application and its content.

By installing or using the Licensed Application you accept this EULA. Our Terms of Use and Privacy Policy also apply. If a Licensed Application is offered with a licence agreement of its own, that agreement applies to it in place of this EULA.

2. Scope of licence

We grant you a non-transferable, non-exclusive and revocable licence to use the Licensed Application for personal, non-commercial purposes on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Where supported, the Licensed Application may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.

The Licensed Application is licensed to you, not sold.

3. Limits on use

Unless this EULA or mandatory law allows it, you may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application; copy, decompile, reverse engineer, disassemble or modify it, create derivative works of it or attempt to derive its source code; remove or alter proprietary notices; or use it unlawfully or in breach of our Terms of Use.

4. Technical data

You agree that Noseyboard may collect and use technical data and related information — including information about your device, system and application software — to facilitate software updates, product support and other services related to the Licensed Application, as described in the privacy policy that applies to it.

5. Purchases

Where a Licensed Application offers subscriptions or in-app purchases, they are sold and billed through the App Store. Renewals, trials, cancellation and refunds are covered in section 4 of our Terms of Use.

6. Updates

We may release updates that fix errors, improve security, or add or change features. Some updates may be needed to keep using the Licensed Application. This EULA applies to every update unless it comes with separate terms.

7. Maintenance and support

Noseyboard is solely responsible for providing any maintenance and support services for the Licensed Application, as specified in this EULA or as required under applicable law. Support is available at support [at] noseyboard-ltd.com. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

8. Warranty

Noseyboard is solely responsible for any product warranties, whether express or implied by law, to the extent 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, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Noseyboard. Statutory rights that cannot be excluded, including under the Consumer Rights Act 2015, are not affected.

9. Product claims

Noseyboard, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks. This EULA does not limit our liability to you beyond what is permitted by applicable law.

10. 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, Noseyboard, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

11. 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 that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with the sanctions and export-control laws that apply to you, including those of the United Kingdom.

12. Developer name and address

Questions, complaints or claims about the Licensed Application should be sent to:

13. Third-party terms

You must comply with applicable third-party terms of agreement when using the Licensed Application — for example, your wireless data service agreement.

14. Third-party beneficiary

You and Noseyboard acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

15. Termination

This EULA applies until it is terminated. It ends automatically if you fail to comply with it, and you can end it at any time by deleting the Licensed Application from your devices. Once it ends, you must stop using the Licensed Application. Ending this EULA does not cancel a subscription — cancel it in your Apple Account settings.

16. Liability

Section 9 of our Terms of Use applies to the Licensed Application. Nothing in this EULA excludes or limits liability that cannot be excluded or limited by law.

17. Governing law

This EULA is governed by the law of Scotland, without depriving consumers of the protection of the mandatory laws of their country of residence.