LICENSED APPLICATION END USER LICENSE AGREEMENT
This Licensed Application End User License Agreement ("EULA") is a binding agreement between you ("End User" or "you") and Ahmet Emin Yada ("Application Provider," "we," "us," or "our"). This EULA governs your use of the Truth or Dare – Spicy Party application and any related services (collectively, the "Licensed Application").
a. Scope of License
Application Provider grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. This license does not allow you to use the Licensed Application on any device that you do not own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof.
b. Age Restrictions and Content
THE LICENSED APPLICATION CONTAINS MATURE CONTENT AND IS INTENDED FOR USERS 17 YEARS OF AGE AND OLDER. By downloading or using the Licensed Application, you represent and warrant that you are at least 17 years old. The Licensed Application contains categories with adult-oriented content that may include suggestive or explicit language and references to activities of an adult nature. Application Provider does not warrant that all content is appropriate for all users, and you acknowledge that you use the Licensed Application at your own discretion and risk.
c. User-Generated Content
The Licensed Application may provide features allowing you to create custom categories, truths, or dares ("User Content"). You retain ownership of your User Content, but grant Application Provider a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and display such User Content in connection with the Licensed Application. You represent and warrant that your User Content does not violate any applicable laws or infringe upon the rights of any third party.
d. Game Activities and User Safety
The Licensed Application may suggest physical activities or challenges. You acknowledge that you are solely responsible for determining whether any suggested activity is appropriate or safe for you or other participants. Application Provider is not responsible for any injuries, damages, or losses resulting from activities suggested in the Licensed Application. You agree to use good judgment and not to engage in any activity that could result in harm to yourself or others.
e. Consent to Use of Data
You agree that Application Provider may collect and use technical data and related information as described in our Privacy Policy. This may include information collected through third-party services such as Google AdMob for advertising purposes and RevenueCat for subscription management. Application Provider may use this information to improve products and services, provide personalized experiences, and display relevant advertisements.
f. In-App Purchases and Subscriptions
The Licensed Application may offer in-app purchases and subscription options to access premium content. All purchases are processed through the App Store and are subject to the App Store terms and conditions. Subscriptions will automatically renew unless canceled at least 24 hours before the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store.
g. External Services
The Licensed Application may enable access to third-party services, including but not limited to Google AdMob for advertisements and RevenueCat for subscription management. Use of these External Services is subject to their respective terms of service and privacy policies. You agree to comply with all applicable third-party terms when using the Licensed Application.
h. Termination
This EULA is effective until terminated by you or Application Provider. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, you shall cease all use of the Licensed Application and delete all copies of the Licensed Application.
i. NO WARRANTY
THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. APPLICATION PROVIDER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
j. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY. In no event shall Application Provider's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
k. Export Restrictions
You may not use or export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.
l. U.S. Government End Users
The Licensed Application and related documentation are "Commercial Items" as defined in 48 C.F.R. §2.101, and are being licensed to U.S. Government end users only as Commercial Items with only those rights granted to all other end users pursuant to the terms of this EULA.
m. Governing Law
This EULA and the relationship between you and Application Provider shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Application Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. If you are a citizen of the European Union, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
By downloading, installing, or using the Licensed Application, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.