End User License Agreement
This End User License Agreement (“Agreement”) is a legal agreement between you and BoMoSi (“BoMoSi”, “we”, “us”) for the StoryPic: Photo Stories app, including any updates and its StoryPic Pro features (“the App”). By downloading, installing or using the App you agree to this Agreement and to the Terms of Use. If you do not agree, do not install or use the App.
1. Acknowledgement
This Agreement is between you and BoMoSi only, and not with Apple Inc. (“Apple”). BoMoSi, not Apple, is solely responsible for the App and its content. This Agreement does not give you rights to the App that conflict with Apple's Media Services Terms and Conditions, which also apply to your use of the App.
2. Scope of licence
BoMoSi grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. You may not copy, modify, reverse engineer, decompile or distribute the App, or remove its notices, except where the law allows it despite this restriction. The licence covers the App as updated by BoMoSi from time to time.
3. Your content
The photographs, recordings, notes, subtitles, albums and videos you create with the App are yours. They are stored on your device and are not sent to BoMoSi. You are responsible for having the right to use the photographs you add and for recording people with their knowledge and agreement. You are responsible for keeping backups of anything you cannot afford to lose; if you remove the App or lose your device, your albums may be lost unless you have made a backup file or a device backup.
4. StoryPic Pro
StoryPic Pro is an optional one-time purchase made through your Apple Account. It is not a subscription and does not renew. Payment, refunds and receipts are handled by Apple under its terms. If Apple refunds or revokes a purchase, the Pro features turn off, but your albums and recordings are not deleted.
5. Maintenance and support
BoMoSi, not Apple, is solely responsible for providing any maintenance and support for the App, and Apple has no obligation to provide any. Questions and support requests: https://bomosi.com/contact/.
6. Warranty
The App is provided “as is” and “as available”. To the fullest extent permitted by law, BoMoSi does not give any warranty about the App other than those that cannot be excluded. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. As between BoMoSi and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are BoMoSi's responsibility.
7. Product claims
BoMoSi, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
8. Intellectual property
If a third party claims that the App or your use of it infringes that party's intellectual property rights, BoMoSi, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim. The App, its design, text and software belong to BoMoSi or its licensors and are protected by law; this Agreement gives you no ownership in them.
9. Limits of liability
To the fullest extent permitted by law, BoMoSi is not liable for indirect, incidental or consequential loss, or for loss of data, arising from your use of the App. Nothing in this Agreement limits any right you have by law that cannot be limited, including consumer rights where you live, or liability that cannot be excluded.
10. Legal compliance
You confirm 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 that you are not on any United States Government list of prohibited or restricted parties.
11. Termination
This Agreement applies until it ends. It ends automatically if you fail to comply with it. You can end it at any time by deleting the App. When it ends, you must stop using the App and delete your copies.
12. Third-party terms
You must comply with any applicable third-party terms when using the App, such as your wireless data service agreement.
13. Third-party beneficiary
You and BoMoSi acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that, on your acceptance of it, 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.
14. Changes, law and contact
We may update this Agreement when the App changes; the date above will change and, where the law requires, we will tell you in the App. Continuing to use the App after an update means you accept it. This Agreement is governed by the laws that apply to you as a consumer where you live, to the extent the law requires, and otherwise by the laws that apply to BoMoSi. Questions, complaints or claims about the App or this Agreement: https://bomosi.com/contact/.