1.1 By downloading, installing, or using any mobile application ("App") developed by One Thum Software, LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
2.0 APPLE INC. ACKNOWLEDGEMENT
2.1 You acknowledge that this End User License Agreement (EULA) is concluded between you and One Thum Software, LLC, and not with Apple Inc.
2.2 You acknowledge that Apple Inc. is not responsible for the App or its content. One Thum Software, LLC is solely responsible for the App and the content thereof.
3.0 DESCRIPTION OF SERVICE
Our Apps provide various services and functionalities as described within each individual application. All Apps are provided by One Thum Software, LLC.
4.0 SCOPE OF LICENSE
4.1 We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
4.2 For Apps distributed through the Apple App Store, the license granted is to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
4.3 You acknowledge that this EULA does not provide usage rules for the App that conflict with the Apple Media Services Terms and Conditions.
5.0 RESTRICTIONS
You may not:
Modify, reverse engineer, or create derivative works of the App
Use the App for any illegal or unauthorized purpose
Attempt to gain unauthorized access to our systems
Interfere with the App's functionality or security
Use the App in violation of any third-party terms of agreement
6.0 DATA AND INFORMATION
6.1 Data Sources: Information provided by our Apps may be obtained from third-party providers.
6.2 Accuracy: While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or timeliness of any data provided by our Apps.
6.3 No Professional Advice: Our Apps provide informational tools only and do not constitute professional advice of any kind. Always consult with qualified professionals for important decisions.
7.0 MAINTENANCE AND SUPPORT
7.1 One Thum Software, LLC is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required by applicable law.
7.2 You acknowledge that Apple Inc. has no obligation to provide any maintenance or support services for the App.
8.0 PRIVACY
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information.
9.0 INTELLECTUAL PROPERTY
9.1 The App and its content are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted are reserved.
9.2 In the event of any third-party claim that the App or your possession and use of the App infringe on a third party's intellectual property rights, One Thum Software, LLC, and not Apple Inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
10.0 WARRANTY
10.1 One Thum Software, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms.
10.2 In the event of any failure of the App to conform to any applicable warranty, you may notify One Thum Software, LLC, and One Thum Software, LLC will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, One Thum Software, LLC has no other warranty obligation whatsoever with respect to the App.
11.0 DISCLAIMERS
11.1 AS IS BASIS: The App is provided "as is" without warranties of any kind, either express or implied.
11.2 NO LIABILITY: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the App.
12.0 LIMITATION OF LIABILITY
Our total liability to you for any claims arising from these Terms or your use of the App shall not exceed the amount you paid for the App in the twelve months preceding the claim. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure will be One Thum Software, LLC's sole responsibility.
13.0 PRODUCT CLAIMS
13.1 One Thum Software, LLC is responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App.
13.2 These Terms do not limit One Thum Software, LLC's liability to you beyond what is permitted by applicable law.
14.0 LEGAL COMPLIANCE
14.1 You represent and warrant that 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.
14.2 You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
15.0 INDEMNIFICATION
You agree to indemnify and hold harmless the Company from any claims, damages, or expenses arising from your use of the App or violation of these Terms.
16.0 TERMINATION
We may terminate your access to the App at any time without notice. Upon termination, your license to use the App will cease.
17.0 THIRD-PARTY TERMS OF AGREEMENT
You must comply with any applicable third-party terms of agreement when using the App.
18.0 THIRD PARTY BENEFICIARY
18.1 You acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms.
18.2 Upon your acceptance of the terms and conditions of these Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
19.0 CHANGES TO TERMS
We reserve the right to modify these Terms at any time. Changes will be effective upon posting in the App. Your continued use constitutes acceptance of the modified Terms.
20.0 GOVERNING LAW
These Terms are governed by the laws of Washington State, USA, without regard to conflict of law principles.
21.0 SEVERABILITY
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
22.0 ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and the Company regarding your use of the App.
23.0 CONTACT INFORMATION
For questions about these Terms, please contact us at: