These terms and conditions, which incorporate the End-User License Agreement (EULA), apply to the Chestly app (hereby referred to as "Licensed Application") for mobile devices that was created by Viennarz Curtiz (hereby referred to as "Licensor") as a Freemium service.
The Licensor and the End-User acknowledge that this EULA is concluded between the Licensor and the End-User only, and not with Apple Inc. (hereby referred to as "Apple"). The Licensor, not Apple, is solely responsible for the Licensed Application and its content. This EULA does not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions.
The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
The Licensor is solely responsible for providing maintenance and support services for the Licensed Application. The Licensor and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the Licensed Application.
The Licensor 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, 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 Licensor's sole responsibility.
The Licensor and the End-User acknowledge that the Licensor, 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, including in connection with the Licensed Application's use of the HealthKit and HomeKit frameworks.
The Licensor and the End-User 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 Licensor, 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) they 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) they are not listed on any U.S. Government list of prohibited or restricted parties.
For any questions, complaints, or claims regarding the Licensed Application, please contact the Licensor at:
Email: chestly.item.dev@gmail.com
End-Users must comply with applicable third-party terms of agreement when using the Licensed Application. The Licensed Application uses third-party services that declare their own Terms and Conditions. Third-party service providers used by the Licensed Application include:
The Licensor and the End-User acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the EULA, and that, upon the End-User's acceptance of the terms and conditions of the 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.
The Licensed Application stores and processes personal data that you have provided. It's important to note:
It is your responsibility to maintain the security of your device and access to the Licensed Application. We strongly advise against jailbreaking or rooting your phone, as this may compromise the security of your data.
Our paid subscription offers enhanced features and benefits, including:
Please note that the specific benefits may be subject to change. Always refer to the current in-app description for the most up-to-date list of Plus+ (premium) features.
We offer free trial periods for new subscribers to experience our premium features:
Important information regarding free trials and subscriptions:
We recommend setting a reminder to review your subscription before the free trial ends if you're unsure about continuing with the paid service.
By signing up for an auto-renewing subscription through our app, you agree to the terms and conditions set out in Schedule 2, section 3.8(b) of the Paid Applications agreement. These terms include:
Important: Monthly and annual subscription pricing may vary by country. Please refer to the pricing displayed in the app for accurate information specific to your region.
The Licensor may periodically update these Terms and Conditions. You are advised to review this page regularly for any changes.
These terms and conditions are effective as of 2024-09-12