Effective Date: Apr 3, 2025
Welcome to PhoDone! This End-User License Agreement ("EULA") is a legal agreement between you ("End-User" or "you") and us ("Developer", "we", "us", or "our") for the PhoDone mobile application ("Licensed Application"). By downloading, accessing, or using the Licensed Application, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download or use the Licensed Application.
You and the Developer acknowledge that this EULA is concluded between the Developer and the End-User only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA does not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you have had the opportunity to review).
The Developer grants you a limited, non-transferable license to use the Licensed Application on any Apple-branded Products (such as iPhone or iPad) that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license does not allow you to use the Licensed Application on any Apple Device that you do not own or control. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by the Developer that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate EULA. Except as permitted by the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Notwithstanding the foregoing, the Licensed Application may be accessed and used by other accounts associated with the purchaser via Apple's Family Sharing or volume purchasing programs.
The Developer is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. You and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed herein. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User. 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 will be the Developer's sole responsibility.
EXCEPT AS REQUIRED FOR THE REFUND PROCESS VIA APPLE STATED ABOVE, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
You and the Developer acknowledge that the Developer, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, 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. This EULA does not limit the Developer's liability to the End-User beyond what is permitted by applicable law.
The Licensed Application and its original content, features, and functionality are owned by the Developer, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You and the Developer acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the Licensed Application (e.g., you must not be in violation of your wireless data service agreement when using the app).
You and the Developer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon the End-User's 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 the EULA against the End-User as a third-party beneficiary thereof.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEVELOPER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE LICENSED APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This EULA is effective until terminated by you or the Developer. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, your right to use the Licensed Application will immediately cease.
Provisions of this EULA that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and governing law provisions.
We may revise and update this EULA from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Licensed Application following the posting of revised EULA means that you accept and agree to the changes.
This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the jurisdiction in which the Developer is legally established, without regard to its conflict of law principles.
Any End-User questions, complaints or claims with respect to the Licensed Application should be directed to:
Email: support@phodone.com