End User License Agreement
The license covering our mobile applications, including the minimum terms Apple requires.
Read this firstThis is the agreement between you and Native Code LLC for the use of our applications. It is a license, not a sale. Downloading, installing or using one of our applications means you accept it. If you do not accept it, do not use the application, and delete it.
Section 1This agreement is with us, not with the store
This End User License Agreement is concluded between you and Native Code LLC only, and not with Apple Inc., Google LLC, Shopify Inc., or any other company that operates a store you downloaded the application from.
Native Code LLC alone is responsible for the application and its content. The store you downloaded it from is not.
In this agreement, "the application" means any software application published by Native Code LLC, including its updates, and any content or documentation supplied with it.
Section 2What you may do with the software
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the application, for as long as you comply with this agreement.
If you obtained the application from the Apple App Store, that license is to use the application on any Apple branded products that you own or control, and as permitted by the Usage Rules set out in Apple’s Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
If you obtained the application from Google Play or another store, the license is to install and use it on devices you own or control, as permitted by that store’s terms.
Section 3What you may not do
You may not:
- copy the application, except as the operating system does automatically to run it;
- sell, rent, lease, lend, sublicense or otherwise transfer the application or your license to it;
- reverse engineer, decompile or disassemble the application, except to the limited extent your local law expressly permits despite this restriction;
- remove, obscure or alter any notice of ownership in the application;
- use the application to build a competing product;
- use the application in a way that breaks the law, or in a way our Acceptable Use Policy prohibits;
- bypass or interfere with any security, rate limit or access control in the application;
- use automated means to access the application at a scale that degrades it for other people.
Section 4Who owns what
We own the application. You own your content. Nothing in this agreement transfers ownership of the application, its source code, its design or its name to you. Any rights not expressly granted here are reserved.
If you send us a suggestion for how the application could be better, we may act on it without owing you anything. That is not us taking your idea; it is us being able to build the obvious improvement that three other people also asked for.
Section 5Purchases, subscriptions and renewals
Some applications are free. Some sell a subscription or a one time purchase. Where they do, the price, the billing period and what is included are shown before you buy, both on the store listing and inside the application.
A subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the period ends. Cancelling stops the next renewal. It does not shorten the period you have already paid for, and you keep access until that period runs out.
Where you cancel and how you get a refund depends on where you bought the subscription, and the differences matter. They are set out in full on the Billing and Refunds page.
We may change prices. An existing subscription keeps its price until the end of the current period, and we will tell you before a new price applies, so you have time to cancel if you do not want it.
Section 6Updates and changes to the software
We release updates. Some fix faults, some add features, and some are required to keep working with a new version of an operating system. Updates are covered by this same agreement.
We may change or remove a feature. If we remove something significant that you are paying for, we will tell you in advance and you may cancel and receive a refund of the unused part of your current period.
We may stop publishing an application altogether. If we do, we will give you at least 30 days' notice, stop charging you, and provide a way to export your data before it is switched off.
Section 7Your content and your data
Content you create in the application is yours. We do not claim ownership of it. We hold it so the application can show it back to you, and we do not use it for anything else.
What we collect and why is set out in the Privacy Policy. Every application that lets you create an account also lets you delete that account from inside the application, and from the web if the application is no longer installed.
Section 8Maintenance and support
Native Code LLC is solely responsible for providing any maintenance and support services for the application. Apple has no obligation whatsoever to furnish any maintenance or support services for the application, and neither does any other store operator.
Support is provided through the support page. We answer within one business day.
Section 9Warranty
Native Code LLC 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 application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the 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 Native Code LLC.
Except where the law does not allow it, the application is provided as it is, without warranty of any kind. We do not warrant that it will be uninterrupted, error free, or that it will meet your particular requirements. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you, and you may have rights that vary by state or country.
Section 10Product claims
Native Code LLC, and not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and use of it, including but not limited to:
- product liability claims;
- any claim that the application fails to conform to any applicable legal or regulatory requirement;
- claims arising under consumer protection, privacy or similar legislation.
This agreement does not limit our liability to you beyond what applicable law permits.
Section 11Intellectual property claims
In the event of any third party claim that the application, or your possession and use of the application, infringes that third party’s intellectual property rights, Native Code LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Section 12Limitation of liability
To the maximum extent permitted by law, Native Code LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, or lost or corrupted data, arising out of or relating to your use of or inability to use the application.
To the maximum extent permitted by law, our total liability arising out of or relating to this agreement is limited to the greater of the amount you paid us for the application in the twelve months before the claim arose, or one hundred United States dollars.
Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Keep your own backups of anything you cannot afford to lose. This is good advice with any software, including ours.
Section 13Ending this agreement
You may end this agreement at any time by deleting the application and, if you created one, deleting your account.
We may suspend or end your license if you materially breach this agreement or the Acceptable Use Policy. Except where the breach is serious enough that immediate action is needed, we will warn you first and give you a reasonable chance to fix it. If we end your license and you have prepaid for a period you can no longer use, we will refund the unused part unless the breach involved fraud or abuse.
Sections covering ownership, warranty disclaimers, liability, and governing law survive the end of this agreement.
Section 14Legal compliance and export control
You represent and warrant that:
- you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a terrorist supporting country; and
- you are not listed on any United States Government list of prohibited or restricted parties.
You also agree to comply with all applicable third party terms of agreement when using the application, and with all applicable export laws and regulations.
Section 15Third party terms
You must comply with applicable third party terms of agreement when using the application. For example, if the application connects to a service you already use, your agreement with that service still applies, and nothing here overrides it.
Where the application includes third party open source components, those components are licensed under their own terms, which take precedence over this agreement for those components. A list of them is available on request.
Section 16Apple’s rights under this agreement
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement. Upon your acceptance of the terms and conditions of this agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this agreement against you as a third party beneficiary of it.
Section 17Google Play and other stores
Where you obtained the application from Google Play, Google is not a party to this agreement, is not responsible for the application, and has no obligation to provide maintenance or support for it. Google Play’s own terms apply to the download and the transaction, and where they conflict with this agreement in relation to that transaction, Google Play’s terms govern the transaction.
The same applies to any other store through which the application is distributed.
Section 18Governing law and disputes
This agreement is governed by the laws of the State of Nevada, United States, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute will be brought in the state or federal courts located in Clark County, Nevada, and you and we both consent to that jurisdiction. If you are a consumer resident in a country whose law gives you the right to bring proceedings in your local courts, or applies mandatory consumer protection rules in your favor, this section does not take that away from you.
Before starting formal proceedings, please tell us the problem through the contact form. Most disputes are a misunderstanding that a conversation fixes faster and cheaper than a lawyer does.
Section 19Changes to this agreement
We may update this agreement. The current version, its version number and its effective date are always published on this page, and the change is recorded on the legal index.
For a material change we will give notice inside the application or by email before it takes effect. Continuing to use the application after the effective date means you accept the new version. If you do not accept it, stop using the application and cancel any subscription, and we will refund the unused part of the current period.
Section 20Our name and contact information
Questions, complaints and claims about the application should be directed to us. Apple requires that this information appear here, and it is here.
- Legal name: Native Code LLC
- Location: Las Vegas, Nevada, United States
- How to reach us: the contact form, answered within one business day
- Support: the support page
The form comes straight to us, and a person answers every message. If your question is about an application you are using, the support page is the faster route.