1. Parties and acceptance
This End User License Agreement (“EULA”) is concluded between you and M.A.L.S. SERVICES LIMITED (“MALS”, “we”, “us”) for the use of an application published by MALS (the “Licensed Application”).
This EULA is concluded between you and MALS only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). MALS, not Apple or Google, is solely responsible for the Licensed Application and its content.
By downloading, installing or using the Licensed Application, you accept this EULA. Our Terms of Use and Privacy Policy also apply to your use of the Licensed Application.
2. Licence
MALS grants you a limited, non-exclusive, non-transferable, revocable licence to use the Licensed Application for your personal, non-commercial purposes:
- if you obtained it from the Apple App Store — on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. Where supported, the Licensed Application may also be accessed by other accounts associated with you through Family Sharing or volume purchasing;
- if you obtained it from Google Play — on devices that you own or control, as permitted by the Google Play Terms of Service.
The Licensed Application is licensed, not sold, to you.
3. Restrictions
Except as permitted by this EULA or by mandatory law, you may not: rent, lease, lend, sell, redistribute or sublicense the Licensed Application; copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of it; remove or alter any proprietary notices; or use it in any way that is unlawful or that breaches our Terms of Use.
4. Purchases and subscriptions
Paid features, subscriptions and in-app purchases are sold and billed through the App Store or Google Play. Automatic renewal, free trials, cancellation and refunds are described in section 5 of our Terms of Use.
5. Data and privacy
You agree that MALS may collect and use technical data and related information — including information about your device, system and application software — to provide updates, support and other services related to the Licensed Application, as described in our Privacy Policy.
6. Updates
We may release updates that fix errors, improve security, or add or change features. Some updates may be required to continue using the Licensed Application. This EULA applies to all updates unless they come with their own terms.
7. Maintenance and support
MALS is solely responsible for providing any maintenance and support services for the Licensed Application, as described in this EULA or as required under applicable law. You can reach our support at support [at] mals-sl.com. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
8. Warranty
MALS is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of MALS.
For applications obtained from Google Play, refunds are handled under Google Play’s refund policies. Nothing in this EULA limits any statutory warranty or consumer right that cannot be excluded by law.
9. Product claims
MALS, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks, where it uses them.
10. Intellectual property claims
In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party’s intellectual property rights, MALS, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
11. Legal compliance
You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with applicable sanctions and export control laws, including those of the European Union.
12. Third-party terms
You must comply with applicable third-party terms of agreement when using the Licensed Application — for example, the terms of your wireless data service provider and the terms of any third-party service that you connect to the Licensed Application.
13. Third-party beneficiaries
You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
Google is not a party to this EULA. Your use of Google Play is governed by the Google Play Terms of Service.
14. Termination
This EULA is effective until terminated. Your rights under it end automatically if you fail to comply with any of its terms. You may end it at any time by deleting the Licensed Application from your devices. On termination you must stop using the Licensed Application. Termination does not cancel an active subscription — please cancel it in your App Store or Google Play account settings.
15. Limitation of liability
The limitations of liability in section 11 of our Terms of Use apply to the Licensed Application. Nothing in this EULA excludes or limits liability that cannot be excluded or limited by law.
16. Governing law
This EULA is governed by the laws of the Republic of Cyprus, without prejudice to the mandatory consumer protection laws of your country of residence.
17. Contact
Questions, complaints or claims regarding the Licensed Application should be directed to:
M.A.L.S. SERVICES LIMITED
18 Thoukydidou, Limassol 3060, Cyprus
Email: support [at] mals-sl.com