End User License Agreement & Supplemental Terms

Apps published by Untethr LLC ("Untethr", "we", "us") and obtained through the Apple App Store (each, a "Licensed Application") are licensed, not sold, to you under Apple's standard Licensed Application End User License Agreement, which is the operative license for App Store transactions unless a custom license agreement is presented for a specific app. The sections below set out the developer disclosures Apple requires and the supplemental terms that apply between you and Untethr in connection with our apps (together, this "Agreement").

1. Acknowledgement

This Agreement is concluded between you and Untethr LLC only — not with Apple Inc. ("Apple"). Untethr, not Apple, is solely responsible for the Licensed Application and its content. This Agreement does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions, which you acknowledge you have had the opportunity to review.

2. Scope of license

The Licensed Application is intended solely for adults 18 years of age or older, and this license is granted only to users who are at least 18. Eligibility is confirmed through Apple's age range attestation (the Declared Age Range capability), based on the age range declared to Apple; if no qualifying age range is confirmed, the Licensed Application cannot be used. Your license to use the Licensed Application is the limited, non-transferable, non-exclusive license granted under Apple's standard EULA: use on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. 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, in whole or in part, except to the extent such restriction is prohibited by applicable law or permitted by the licensing terms of any open-source components included with the Licensed Application.

3. Maintenance and support

Untethr is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. Support is available at contact@untethr.llc and at untethr.llc/contact. You and Untethr acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty

The Licensed Application is provided "AS IS", and to the maximum extent permitted by applicable law, Untethr disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. 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 Untethr's sole responsibility.

5. Product claims

You and Untethr acknowledge that Untethr, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, 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.

6. Intellectual property rights

You and Untethr acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Untethr — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim. The Licensed Application and all rights in it, including intellectual property rights, remain the property of Untethr LLC and its licensors; open-source components remain governed by their own licenses.

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 with respect to the Licensed Application should be directed to:

Untethr LLC
Attn: Legal
30 N Gould St # N
Sheridan WY 82801, United States
contact@untethr.llc · (847) UNTETHR · (847) 868-3847

9. Third-party terms of agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application — for example, your wireless data service agreement.

10. Third-party beneficiary

You and Untethr acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, 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 thereof.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNTETHR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATING TO THE LICENSED APPLICATION, AND UNTETHR'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE LICENSED APPLICATION WILL NOT EXCEED THE AMOUNT YOU PAID FOR IT OR FIFTY U.S. DOLLARS (US$50), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Nothing in this Agreement limits any liability that cannot be limited under applicable law.

12. Termination; governing law; severability

This license is effective until terminated by you or Untethr and terminates automatically if you fail to comply with any of its terms; upon termination you must cease all use of the Licensed Application and destroy all copies. Your use of the Licensed Application must also comply with our Acceptable Use Policy, which is incorporated into this Agreement by reference. This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules, and any dispute arising out of this Agreement will be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to their jurisdiction — in each case except to the extent the law of your country of residence mandatorily applies. If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be enforced to the maximum extent permissible.