These Terms of Use, together with any order confirmation you receive from the app store, form the end user license agreement (the "Agreement") between you and Strick Tech LLC, an Ohio limited liability company ("Strick Tech", "we", "us"). They govern your use of every mobile or web application we publish, including all software, content, updates, and services delivered through them (each, an "Application").
By downloading, installing, or using an Application, you accept this Agreement. If you do not accept it, do not install or use the Application, and delete any copy you already have.
1. Who may use the Applications
Age requirements are set per Application. Each Application states its own minimum age and its age rating on its App Store listing and, where relevant, inside the Application itself. You must meet the minimum age stated for the Application you are using, or the minimum age required in your country, whichever is greater.
If you are under the age of majority where you live, a parent or legal guardian must review and accept this Agreement on your behalf and is responsible for your use of the Application.
You may not use an Application if you are barred from doing so under the laws of the United States or any other applicable jurisdiction.
2. License grant
Subject to this Agreement, Strick Tech grants you a limited, non exclusive, non transferable, revocable license to download and use one copy of the Application for your own personal and non commercial purposes, on any Apple branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
This is a license, not a sale. Strick Tech and its licensors retain all right, title, and interest in the Applications.
3. What you may not do
You agree that you will not, and will not permit anyone else to:
- copy, modify, translate, or create derivative works of an Application, except where that restriction is prohibited by law
- reverse engineer, decompile, or disassemble an Application, or attempt to derive its source code
- rent, lease, lend, sell, sublicense, or otherwise distribute an Application
- remove or obscure any proprietary notice
- use an Application to break the law, infringe anyone's rights, or harass, threaten, or harm another person
- upload malicious code, attempt to gain unauthorized access to our systems, or interfere with the operation of an Application or its supporting infrastructure
- use automated means to scrape, harvest, or extract data from an Application
We may suspend or terminate your access if you do any of these things.
4. Accounts and iCloud
Our Applications do not use Strick Tech accounts. Where an Application signs you in or syncs your data, it does so through your existing Apple Account using Apple's CloudKit, and your content is stored in your own private iCloud database. We do not create or hold passwords, and we have no ability to read the contents of your private database.
You are responsible for keeping your Apple Account credentials secure and for activity that happens under it. Apple's terms and privacy policy govern your Apple Account and your iCloud storage.
Because your content lives in your iCloud account, you delete it directly, either inside the Application or through your device's iCloud storage settings. See the support page for step by step detail. If a future Application does hold data on our side, it will say so and offer deletion.
5. Purchases, subscriptions, and renewals
Some Applications offer one time purchases or auto renewing subscriptions. All purchases inside an Application are processed by Apple through your App Store account. Strick Tech does not receive or store your payment card details.
Where a subscription is offered:
- payment is charged to your App Store account at confirmation of purchase
- the subscription renews automatically at the then current price unless you cancel at least 24 hours before the end of the current period
- your account is charged for renewal within 24 hours before the end of the current period
- you can manage or cancel a subscription in the Subscriptions section of your device settings at any time after purchase
- any unused portion of a free trial is forfeited when you purchase a subscription
- prices are shown in the Application before you confirm, may vary by country, and may change with notice to you as required by the app store
Refunds. Purchases made through the App Store are subject to Apple's refund policy. Strick Tech cannot issue refunds for App Store transactions. Request a refund directly from Apple at reportaproblem.apple.com.
6. Your content
Content you create in an Application is yours. It is stored on your device and, where sync is offered, in your own private iCloud database. Strick Tech does not host it, does not receive a copy, and claims no license to it.
You are responsible for the content you create and for using an Application lawfully. If a future Application ever transmits content to us, that Application will say so before it does, and you would grant us only the limited license needed to deliver the feature back to you.
7. Third party services and content
Applications may link to or rely on services operated by other companies. Those services are governed by their own terms and privacy policies. Strick Tech is not responsible for third party services or for content we do not control, and inclusion of a link is not an endorsement.
You agree to comply with any applicable third party terms when you use an Application.
8. Updates and changes to the Applications
We may release updates, add or remove features, or discontinue an Application entirely. Where a change materially reduces functionality you paid for, we will give reasonable notice through the Application or by email. Continued use after an update means you accept the updated Application.
9. Disclaimer of warranties
The Applications are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Strick Tech disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non infringement.
We do not warrant that an Application will be uninterrupted, error free, or free of harmful components, or that any result obtained through it will be accurate or reliable.
Nothing in an Application is professional advice. Do not rely on an Application for medical, legal, financial, safety, or emergency decisions.
10. Limitation of liability
To the maximum extent permitted by law, Strick Tech and its members, officers, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to your use of an Application, whether based in contract, tort, or any other theory, even if we were advised of the possibility.
Our total aggregate liability arising out of or relating to this Agreement will not exceed the greater of the amount you paid Strick Tech for the Application in the twelve months before the claim arose, or twenty five United States dollars.
Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.
11. Indemnity
You agree to indemnify and hold Strick Tech harmless from any claim, demand, loss, or expense, including reasonable legal fees, arising out of your misuse of an Application, your violation of this Agreement, or your violation of the rights of another person.
12. Term and termination
This Agreement stays in effect until terminated. It ends automatically if you fail to comply with it. You may end it at any time by deleting the Application and any copies you hold. Sections 6 through 15 survive termination.
13. Apple specific terms
The following apply to every Application downloaded from the Apple App Store.
- This Agreement is with us, not Apple. This Agreement is concluded between you and Strick Tech only, and not with Apple. Strick Tech, not Apple, is solely responsible for the Application and its content.
- Scope of license. The license granted in Section 2 is limited to a non transferable license to use the Application on any Apple branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support. Strick Tech is solely responsible for providing maintenance and support for the Application. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
- Warranty. Strick Tech 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 Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Strick Tech's sole responsibility.
- Product claims. Strick Tech, not Apple, is responsible for addressing any claims by you or a third party relating to the Application or your possession and use of it, including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
- Intellectual property claims. In the event of any third party claim that the Application or your possession and use of it infringes that third party's intellectual property rights, Strick Tech, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
- Legal compliance. You represent and warrant that you are not located in a country subject to a United States government embargo or designated by the United States government as a terrorist supporting country, and that you are not listed on any United States government list of prohibited or restricted parties.
- Developer contact. Questions, complaints, and claims relating to an Application should be directed to Strick Tech LLC, Ohio, United States, support@stricktech.com.
- Third party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance, Apple will have the right, and is deemed to have accepted the right, to enforce this Agreement against you as a third party beneficiary of it.
14. Governing law and disputes
This Agreement is governed by the laws of the State of Ohio, United States, without regard to its conflict of laws rules. You and Strick Tech agree to the exclusive jurisdiction of the state and federal courts located in the State of Ohio, except that either party may seek injunctive relief in any court of competent jurisdiction.
If you are a consumer resident in a jurisdiction that grants you the right to bring proceedings locally, nothing here removes that right.
15. Changes to these terms
We may update this Agreement. When we do, we will change the date at the top of this page and, for material changes, give notice inside the Application or by email before the change takes effect. Continuing to use an Application after the effective date means you accept the updated Agreement.
16. Contact
Strick Tech LLC Ohio, United States support@stricktech.com