Legal · Document 02

Terms of Use & End User Licence Agreement

These terms form a binding agreement between you and Fenlux Ltd for the use of our apps, games, websites and services on every platform. Please read them carefully.

1Agreement to these terms

By downloading, installing, accessing or using any app, game, widget, extension, website or service published by Fenlux Ltd ("Fenlux", "we", "us") — together, the "Services" — you agree to these Terms of Use and to our Privacy Policy. If you do not agree, do not use the Services.

Some apps may present additional terms (for example for a specific feature or promotion). Those terms form part of this agreement and prevail for that app if there is a conflict. Where you obtained an app from the Apple App Store, section 16 also applies; where the store's own standard licence applies, see sections 16 and 17.

2Eligibility and accounts

• You must be old enough to form a binding contract in your country, or have the permission of a parent or legal guardian who agrees to these terms on your behalf. If you are under 13 (or the minimum digital age in your country), you may use the Services only with parental involvement.
• Some features require an account. You agree to give accurate information, keep your credentials secure, and tell us promptly at [email protected] if you suspect unauthorised use. You are responsible for activity under your account.
• You can delete your account at any time from within the app or as described on our Delete Account page.

3Licence to use our apps

Subject to these terms, Fenlux grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use our apps for your personal, non-commercial purposes on devices you own or control, as permitted by the usage rules of the store from which you obtained the app (for example, Apple's Usage Rules in the Apple Media Services Terms, which allow use on Apple-branded products you own or control and via Family Sharing where enabled).

The apps are licensed, not sold. Fenlux and its licensors retain all rights not expressly granted to you.

4Restrictions

Except as permitted by law or the applicable store's rules, you must not:

• copy, modify, translate or create derivative works of the apps;
• decompile, reverse engineer, disassemble or attempt to derive the source code of the apps (except to the extent expressly permitted by applicable law notwithstanding this restriction);
• rent, lease, lend, sell, redistribute, sublicense or otherwise transfer the apps;
• remove, alter or obscure any proprietary notices;
• circumvent any security, licensing, in-app purchase or digital rights management feature;
• use cheats, bots, exploits, automation or unauthorised third-party software that interacts with the Services;
• use the Services in violation of any law or to infringe anyone's rights.

5Purchases, subscriptions and free trials

5.1 How you pay

Paid apps, in-app purchases and subscriptions are sold through the app store you use (Apple App Store, Google Play, Microsoft Store, Amazon Appstore or another store). Payment is charged to your store account at confirmation of purchase, and the store's own terms of sale apply. Prices are shown in the store before you buy and may include applicable taxes.

5.2 Auto-renewing subscriptions

• Subscriptions automatically renew at the end of each billing period (for example weekly, monthly or yearly) at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your store account will be charged for renewal within 24 hours prior to the end of the current period.
• You can manage and cancel subscriptions in your store account settings at any time — on iPhone or iPad: Settings › [your name] › Subscriptions; on Android: Google Play › Profile › Payments & subscriptions › Subscriptions. Deleting the app does not cancel a subscription.
• When you cancel, you keep access until the end of the period you have already paid for. No partial refunds are given for unused portions, except where required by law or store policy.
• If we change a subscription price, the store will notify you in advance and, where required, ask for your consent before the new price applies.

5.3 Free trials and introductory offers

If a free trial or introductory price is offered, it converts to a paid subscription at the standard price at the end of the trial unless you cancel at least 24 hours before it ends. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable. Trials are generally limited to one per account.

5.4 Consumables, virtual items and lifetime purchases

Virtual currency, coins, credits or items have no monetary value, cannot be exchanged for real money, and are licensed to you for use within the relevant app only. "Lifetime" or one-time purchases unlock the feature for as long as we continue to offer the app and the feature on your platform. You can restore non-consumable purchases and active subscriptions on a new device with the app's Restore Purchases option while signed in to the same store account.

6Refunds

Because purchases are processed by the stores, refunds are handled by them under their policies. Apple: reportaproblem.apple.com. Google Play: Google Play refund help. Microsoft and Amazon: through your account order history. If you have trouble, contact us — we'll help where we can. Nothing in these terms affects any statutory right to a refund or remedy you have under consumer law (for example under the UK Consumer Rights Act 2015 or EU consumer law for faulty digital content).

7Your content

You keep ownership of content you create or upload ("Your Content"). To the extent we need it to operate a feature you use (for example cloud sync or sharing), you grant Fenlux a worldwide, royalty-free, non-exclusive licence to host, store, copy, transmit and display Your Content solely to provide that feature to you. This licence ends when you delete the content or your account, subject to reasonable backup periods described in our Privacy Policy. You are responsible for Your Content and for having the rights to it. We recommend keeping your own backups.

8Acceptable use

Where an app allows communication, sharing or user-generated content, you agree not to post or transmit anything that is unlawful, harassing, hateful, sexually explicit involving minors, defamatory, infringing, deceptive, spam or malware, or that impersonates another person. We may remove content and suspend or terminate accounts that violate these rules. Apps with user-generated content provide tools to report objectionable content and block abusive users, and we act on reports within 24 hours.

9Intellectual property

The Services, including software, design, text, graphics, audio, characters, logos and the Fenlux name, are owned by Fenlux or its licensors and protected by copyright, trademark and other laws. Feedback you send us may be used without obligation to you. If you believe content in the Services infringes your copyright, email [email protected] with the details required by applicable law (such as the DMCA): identification of the work, the infringing material and its location, your contact details, a good-faith statement, a statement of accuracy under penalty of perjury, and your signature.

10Third-party services

The Services may include or link to third-party content, services or SDKs (for example sign-in, maps, payments or advertising). These are governed by their own terms and Fenlux is not responsible for them. Open-source components included in our apps are licensed under their own licences, which are available within each app where required.

11Updates and availability

We may update, change or discontinue apps or features, and updates may be required to continue using an app. We aim to keep paid features available, but we cannot guarantee that every app will be available on every device, OS version or in every country, or that the Services will be uninterrupted or error-free. If we discontinue an app with an active subscription, we will give reasonable notice and stop renewals.

12Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement. Information in our apps (including any health, fitness, financial or educational content) is for general information only and is not professional advice.

Nothing in these terms excludes or limits any warranty, guarantee or right that cannot be excluded or limited under applicable consumer protection law. If you are a consumer in the UK or EU, you have legal rights in relation to digital content that is faulty or not as described.

13Limitation of liability

To the maximum extent permitted by law, Fenlux and its directors, employees and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising out of or related to your use of or inability to use the Services. Our total liability for all claims relating to the Services is limited to the greater of (a) the amount you paid us for the relevant app or in-app purchase in the twelve months before the claim arose, or (b) GBP 50 (or the equivalent in your local currency).

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited by law.

14Indemnity

To the extent permitted by law, you agree to indemnify Fenlux against claims, losses and expenses (including reasonable legal fees) arising from your breach of these terms or your misuse of the Services. This section does not apply to consumers where prohibited by law.

15Termination

These terms apply until terminated by you or us. You may stop using the Services and delete the apps at any time. We may suspend or terminate your access if you materially breach these terms, if required by law, or to protect users or the Services. On termination, the licence in section 3 ends and you must delete the apps. Sections that by their nature should survive (including 7, 9, 12, 13, 14, 18 and 19) survive termination.

16Additional terms for apps obtained from the Apple App Store

If you obtained an app from the Apple App Store, the following terms apply in addition to the rest of this agreement. Where Fenlux does not provide a custom licence for a particular app, Apple's Licensed Application End User License Agreement (Standard EULA) applies, supplemented by these terms to the extent consistent with it.

1. Acknowledgement. This agreement is concluded between you and Fenlux only, and not with Apple Inc. ("Apple"). Fenlux, not Apple, is solely responsible for the app and its content.
2. Scope of licence. The licence granted to you is limited to a non-transferable licence to use the app on any Apple-branded products that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and support. Fenlux is solely responsible for providing maintenance and support services for the app, as described on our Support page or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.
4. Warranty. Fenlux 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 app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Fenlux's sole responsibility.
5. Product claims. Fenlux, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of it, including but not limited to: (i) product liability claims; (ii) any claim that the app 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 app's use of the HealthKit and HomeKit frameworks.
6. Intellectual property rights. In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, Fenlux, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
7. 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.
8. Developer name and address. Questions, complaints or claims regarding the app should be directed to Fenlux Ltd at [email protected].
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).
10. Third-party beneficiary. You and Fenlux acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this agreement, and that, upon 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.

17Google Play, Microsoft Store, Amazon Appstore and other stores

If you obtained an app from Google Play, you also agree to the Google Play Terms of Service and acknowledge that Google is not responsible for the app or its support. If you obtained an app from the Microsoft Store, the Microsoft Store Terms of Sale and Standard Application License Terms apply to the extent consistent with these terms. If you obtained an app from the Amazon Appstore, the Amazon Appstore Terms of Use apply. In every case, Fenlux is solely responsible for the app, its content, maintenance, support and warranty, and the store operator is a third party with no obligation to you in respect of the app beyond its own terms of sale.

18Governing law and disputes

These terms are governed by the laws of England and Wales. The courts of England and Wales have non-exclusive jurisdiction. If you are a consumer, you also benefit from any mandatory protections of the law of the country where you live, and you may bring proceedings in your local courts. Before starting any formal dispute, please contact us at [email protected] so we can try to resolve it informally within 30 days. EU consumers may also use the European Commission's online dispute resolution resources.

19General

• Changes. We may update these terms. If changes are material, we will give notice in the app, by email or on this page before they take effect. Continued use after the effective date means you accept the updated terms.
• Entire agreement. These terms, the Privacy Policy and any app-specific terms are the entire agreement between you and Fenlux about the Services.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets, without reducing your rights.
• Export. You agree to comply with all applicable export and sanctions laws.
• Language. If these terms are translated, the English version prevails to the extent permitted by law.

20Contact