1. Scope
This Apple App Store End-User Licence Agreement (“Apple EULA”) applies when you download or use Simpace from Apple’s App Store. It supplements the Simpace Terms of Use. Capitalized terms not defined here have the meanings given in the Terms.
2. Acknowledgement
This agreement is between you and Hanna Kapova-Savanova, operating under the Simpace brand (“Simpace”), not Apple Inc. (“Apple”). Simpace, not Apple, is solely responsible for the Simpace application and its content.
This Apple EULA must not conflict with the Apple Media Services Terms and Conditions or the usage rules applicable to applications distributed through the App Store.
3. Licence scope
Simpace grants you a non-transferable licence to use the application on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The application may also be accessed and used by other accounts associated with the purchaser through Family Sharing, volume purchasing, or another feature Apple permits.
The licence is limited, non-exclusive, revocable, and subject to the Terms. You may not distribute or make the application available over a network where it could be used by multiple devices at the same time except as Apple’s Usage Rules permit.
4. Maintenance and support
Simpace is solely responsible for maintenance and support of the application as required by applicable law and the Terms. Apple has no obligation to provide maintenance or support.
For support, contact support@simpace.app.
5. Warranty
Simpace is solely responsible for warranties that are not effectively disclaimed and for mandatory warranties under applicable law. If the application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the application, if any, in accordance with its rules.
To the maximum extent permitted by law, Apple has no other warranty obligation concerning the application. Simpace is responsible for claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty, subject to the Terms and mandatory law.
6. Product claims
Simpace, not Apple, is responsible for addressing claims by you or a third party relating to the application or your possession or use of it, including:
- product-liability claims;
- claims that the application fails to conform to legal or regulatory requirements; and
- claims arising under consumer-protection, privacy, or similar law, including claims relating to in-app purchases.
Nothing in this Apple EULA limits mandatory consumer rights.
7. Intellectual-property claims
If a third party claims that the application or your possession or use of it infringes intellectual-property rights, Simpace, not Apple, is solely responsible for investigating, defending, settling, and discharging the claim to the extent required by law.
8. Legal compliance
You represent that:
- you are not located in a country or region subject to a United States Government embargo or designated as supporting terrorism; and
- you are not listed on a United States Government list of prohibited or restricted parties.
You must comply with applicable export-control, sanctions, and other laws when using the application.
9. Developer details
Developer: Hanna Kapova-Savanova
Operating under the Simpace brand
NIP: 1122334455
Poland, Warsaw, Divizjonu AK Bayt 5, 32
legal@simpace.app
support@simpace.app
Questions, complaints, and claims concerning the application should be directed to Simpace using these details.
10. Third-party terms
You must comply with applicable third-party terms when using the application, including your mobile-network agreement, Apple Media Services Terms and Conditions, and terms governing Sign in with Apple and App Store subscriptions.
11. Third-party beneficiary
Apple and Apple’s subsidiaries are third-party beneficiaries of this Apple EULA. Once you accept it, Apple has the right to enforce it against you as a third-party beneficiary.
12. Privacy
Simpace’s processing of personal data is described in the Privacy Policy. Apple processes information under its own terms and privacy policy.
13. Governing terms
Except for the Apple-specific matters addressed here, the Simpace Terms of Use govern your use of the application. If this Apple EULA conflicts with the Terms, this Apple EULA prevails to the extent necessary to satisfy the minimum terms required for applications distributed through the App Store.