This End User Licence Agreement (this "Agreement") is a legally binding agreement between you ("you") and Sean Patrick ("we", "us", the "Licensor") governing your use of the Git-Integrated Markdown Editor mobile application and any updates, content, and services made available through it (collectively, the "App"). By downloading, installing, or using the App you confirm that you accept this Agreement and agree to comply with it. If you do not agree, do not download, install, or use the App.
1. Acknowledgement and standard EULA
You acknowledge that this Agreement is concluded between you and the Licensor only, and not with Apple Inc. ("Apple"). The Licensor, not Apple, is solely responsible for the App and its content. To the extent this Agreement is silent on any matter, the Apple Media Services Terms and Conditions — Licensed Application End User Licence Agreement (the "Apple Standard EULA") applies, and where there is any conflict, the more protective term in favour of you as a consumer applies.
2. Licence grant
Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions and the App Store Usage Rules.
3. Restrictions
You will not, and will not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the App; (b) reverse engineer, decompile, or disassemble the App except to the extent expressly permitted by applicable law; (c) rent, lease, lend, sell, redistribute, sublicense, or commercially exploit the App; (d) remove or obscure any proprietary notices; or (e) use the App in violation of any applicable law, third-party rights, or the App Store Usage Rules.
4. Your content and accounts
The App is a Markdown editor with Git integration. You retain all rights in the files, repositories, and other content you create, edit, push, pull, or sync using the App (your "Content"). The Licensor claims no ownership over your Content. You are solely responsible for your Content, for the credentials you supply (including GitHub OAuth authorisations and any personal access tokens), and for ensuring you have the right to access and modify any repositories you connect.
The App may communicate with third-party services you choose to connect to it, such as GitHub. Your use of those services is governed by the applicable third-party terms, not by this Agreement.
5. Subscriptions and in-app purchases
Some features of the App may be made available through an auto-renewable subscription or other in-app purchases offered via Apple's App Store. The following terms apply to any auto-renewable subscription offered through the App:
- Title and length. The subscription title, duration, and what it unlocks are shown on the in-app purchase screen prior to purchase.
- Price. The price for each subscription period is shown on the in-app purchase screen in your local currency, as set by Apple.
- Payment. Payment is charged to your Apple ID account on confirmation of purchase.
- Auto-renewal. Your subscription automatically renews for the same period and at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours prior to the end of the current period.
- Managing and cancelling. You can manage your subscription and turn off auto-renewal in your Apple ID account settings (Settings → [your name] → Subscriptions on iOS). You may cancel at any time; cancellation takes effect at the end of the current paid period.
- Free trials and introductory offers. Where a free trial or introductory price is offered, any unused portion is forfeited when you purchase a subscription, where applicable.
- Refunds. Refund requests are handled by Apple in accordance with the Apple Media Services Terms and Conditions. We have no ability to issue refunds for App Store purchases.
6. Updates
The Licensor may, from time to time, make available updates, bug fixes, or new versions of the App through the App Store. Updates may be required for the App, or parts of it, to function correctly. Your continued use after an update constitutes acceptance of any changes contained in that update.
7. Intellectual property
The App, including its code, design, trade dress, and trademarks, is owned by the Licensor or its licensors and is protected by intellectual property laws. Except for the limited licence granted in clause 2, no rights are granted to you under this Agreement.
The App incorporates open-source components, each licensed under its own terms. A list of open-source notices is made available within the App where required by the applicable licence.
8. Privacy
Our Privacy Policy describes how the App handles information. The App does not collect, store, or transmit personal data to us.
9. Disclaimer of warranties
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranty of any kind, whether express, implied, statutory, or otherwise. The Licensor disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. The Licensor does not warrant that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that it will operate with any particular hardware, software, or service.
Nothing in this Agreement excludes or limits any statutory rights you may have as a consumer in the United Kingdom under the Consumer Rights Act 2015 or other applicable law that cannot be excluded.
10. Limitation of liability
To the maximum extent permitted by law, in no event will the Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business, or goodwill, arising out of or in connection with the App or this Agreement, whether based on contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages. The Licensor's total cumulative liability for all claims arising out of or relating to this Agreement or the App is limited to the greater of (a) the amount you paid to the Licensor (via Apple) for the App and any in-app purchases in the twelve months preceding the claim, or (b) GBP £20.
Nothing in this clause limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
11. Termination
This Agreement is effective until terminated. Your rights under this Agreement terminate automatically without notice if you fail to comply with any of its terms. On termination, you must cease all use of the App and delete all copies from your devices. Sections 4, 7, 9, 10, 12 and 13 survive termination.
12. Third-party beneficiary
You and the Licensor acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance 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.
13. Governing law and jurisdiction
This Agreement and any non-contractual obligations arising out of or in connection with it are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement, except that if you are a consumer resident outside England and Wales, you may also bring proceedings in the courts of your country of residence and benefit from any mandatory consumer protection laws of that country.
14. General
This Agreement constitutes the entire agreement between you and the Licensor concerning the App and supersedes all prior or contemporaneous understandings. If any provision is held unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force. The Licensor's failure to enforce any right is not a waiver of that right. You may not assign this Agreement; the Licensor may assign it freely.
15. Contact
Questions about this Agreement should be sent to [email protected].