EULA iOS - Notatum - The digital forget-me-not

End User License Agreement (EULA) for Notatum (iOS)

PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE NOTATUM SOFTWARE (THE "APP"). BY USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, DOWNLOAD OR USE THE APP.

License

1.1 EsCulenta GmbH ("we", "us" or "our") hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple device that you own or control and that complies with Apple Inc.'s App Store Terms of Use.

1.2 This license applies only to the use of the app in the version provided by us and exclusively for personal, non-commercial use.

In-app purchases and subscriptions

2.1 The App may offer in-app purchases and subscriptions that give you access to additional features and content. These purchases and subscriptions are processed via the Apple App Store and are subject to the terms of use of Apple Inc.

2.2 Subscriptions automatically renew unless canceled at least 24 hours before the end of the current subscription period. Your account will be charged for renewal within 24-hours prior to the end of the current period, unless auto-renew is turned off.

3. data protection

By using the app, you consent to the collection, processing and use of your personal data in accordance with our Privacy Policy, which is incorporated into the EULA by reference and can be viewed on our website at https://notatum.app/datenschutzerklaerung.

4 Intellectual property

4.1 The App and all related materials, including, but not limited to, text, images, graphics, logos, patents, trademarks and copyrights are the exclusive property of EsCulenta GmbH or its licensors.

4.2 You may not copy, modify, adapt, translate, decompile, disassemble or otherwise attempt to discover the source code of the App or any part thereof, except as expressly permitted by law or authorized by us in writing.

5. limitation of liability

5.1 The app will "as is" and "as available" provided. We make no warranties or representations, express or implied, as to the quality, reliability, availability, fitness for a particular purpose, compatibility or security of the App.

5.2 In no event shall we or our licensors, employees, agents or affiliates be liable for any indirect, incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data, loss of use or other intangible losses arising out of the use or inability to use the App, even if we have been advised of the possibility of such damages.

5.3 Our entire liability in respect of any claim arising out of or in connection with this EULA shall be limited to the amount actually paid by you to us for the App or, if higher, the minimum amount permitted by law.

6. changes to the EULA

We reserve the right to amend or update this EULA at any time and at our sole discretion. The amended EULA will be published in the App or on our website. Your continued use of the App following the posting of an amended EULA constitutes your acceptance of such changes.

7.Termination

7.1 This EULA will remain in force until terminated by you or us. You may terminate this EULA at any time by removing the App from your device.

7.2 We may terminate this EULA without notice if you breach any of the terms of this EULA. In such a case, you must remove the App from your device immediately.

8 Applicable law and place of jurisdiction

8.1 This EULA shall be governed by the laws of Austria, without regard to its conflict of law provisions.

8.2 You agree that all disputes arising out of or in connection with this EULA shall be decided exclusively by the competent courts in Austria.

9. severability clause

9.1 Should any provision of this EULA be or become invalid or unenforceable in whole or in part, the remaining provisions shall remain unaffected and effective. The invalid or unenforceable provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid or unenforceable provision.

Complete agreement

10.1 This EULA constitutes the entire agreement between you and us in relation to the use of the App and supersedes any prior written or oral agreements or understandings.

11. assignment

11.1 You may not assign or transfer your rights or obligations under this EULA without our prior written consent. We may assign or transfer our rights and obligations under this EULA at any time without your consent.

12.waiver

12.1 Any delay or omission on our part to exercise or enforce our rights under this EULA shall not be deemed a waiver of those rights. A waiver of a right can only be given in writing and applies only to the specific case and purpose for which it was given.

13. Notifications

13.1 All notices, requests or other communications required or permitted in connection with this EULA must be in writing and shall be deemed properly given if sent by email to the email address provided by us or to the email address provided by you as part of the registration process.

CONTACT INFORMATION

If you have any questions or comments about this EULA or the app, please contact us:

EsCulenta Ltd.

8403 Lebring

Schirka 10,

Austria

E-mail: support@notatum.app