Contents
This End User License Agreement ("EULA") is a binding contract between you and Gen X Girl Club LLC ("Licensor," "we," "us," or "our"). It governs your use of the Sovereign mobile application, including all updates and Documentation (the "Licensed Application"). By downloading, installing, or using the Licensed Application, you accept this EULA. If you do not accept, do not download, install, or use the Licensed Application.
1. The Parties
The Licensed Application is licensed, not sold, to you by Licensor for use only under the terms of this EULA. Apple Inc. ("Apple") is not a party to this EULA and is not responsible for the Licensed Application or its content. The terms of this EULA control your use of the Licensed Application. Apple's Standard EULA terms apply where they are more protective of you, except where this EULA explicitly modifies them as permitted by Apple.
2. License Grant & Scope
Subject to your compliance with this EULA, Licensor grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and run the Licensed Application:
- on any Apple-branded device that you own or control; and
- as permitted by the Apple Media Services Terms and Conditions (the "Usage Rules"), including any rules permitting your family members to access the Licensed Application via Family Sharing or volume purchasing.
This license is for personal, non-commercial use only.
3. License Restrictions
You may not:
- distribute or make the Licensed Application available over a network where it could be downloaded by multiple devices simultaneously;
- transfer, redistribute, or sublicense the Licensed Application;
- copy (except as expressly permitted), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except where the law expressly permits;
- remove or obscure any proprietary notices;
- use the Licensed Application in violation of applicable law, including export-control laws.
4. Subscriptions
Premium features of the Licensed Application are available through one or more auto-renewing subscriptions sold via the App Store. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage and cancel Subscriptions in iOS Settings > [your name] > Subscriptions. Refunds are handled by Apple under the App Store's refund policy. See our Terms of Service for additional Subscription terms.
5. Updates & Maintenance
Licensor may, in its discretion, provide updates, upgrades, or modifications to the Licensed Application. Updates may add, modify, or remove features. This EULA governs any update unless that update is accompanied by a separate license, in which case the separate license controls. Licensor is solely responsible for any maintenance and support services for the Licensed Application as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the Licensed Application.
6. User Content
You retain ownership of content you submit through the Licensed Application. You grant Licensor a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify (e.g., for formatting), display, and distribute that content solely to operate, provide, and improve the Licensed Application. You are solely responsible for content you submit and represent that you have the rights to do so.
7. Consent to Use of Data
You agree that Licensor may collect and use technical and related information — including technical information about your device, system, and application software, and peripherals — gathered periodically to facilitate provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. See our Privacy Policy for full details.
8. No Warranty
To the maximum extent permitted by applicable law, the Licensed Application and any services it performs or provides are provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. Licensor disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. No oral or written information given by Licensor or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
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 (if any) 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 Licensor's sole responsibility.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages of any kind, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability, and even if Licensor has been advised of the possibility of such damages. In no event shall Licensor's total liability to you for all damages exceed the greater of (a) the amount actually paid by you for the Licensed Application in the twelve months preceding the claim, or (b) USD $100.
10. Export Compliance
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction where the Licensed Application was obtained. In particular, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law.
11. U.S. Government End Users
The Licensed Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Licensed Application is licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to this EULA.
12. Apple-Specific Terms (Required)
The following terms apply specifically because the Licensed Application is made available through the Apple App Store:
- Acknowledgement. You and Licensor acknowledge that this EULA is concluded between you and Licensor only, and not with Apple, and that Licensor — not Apple — is solely responsible for the Licensed Application and its content.
- Scope of License. The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules.
- Maintenance and Support. Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application. Apple has no obligation to furnish any maintenance and support services for the Licensed Application.
- Warranty. 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, you may notify Apple, and Apple will refund the purchase price for the Licensed Application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
- Product Claims. Licensor, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use of the 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 HealthKit and HomeKit frameworks.
- Intellectual Property Rights. In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Licensor — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- 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.
- Developer Name and Address. Direct any questions, complaints, or claims to: sarah@genxgirlclub.com, Gen X Girl Club LLC, Vail Valley, Colorado, USA.
- Third-Party Terms. You must comply with applicable third-party terms when using the Licensed Application.
- Third-Party Beneficiary. You and Licensor acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
13. Term & Termination
This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term. Upon termination, you must cease all use of the Licensed Application and destroy all copies in your possession or control.
14. Governing Law
This EULA is governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods is excluded.
15. General
If any provision of this EULA is held unenforceable, the remaining provisions remain in effect. No waiver of any term will be deemed a further or continuing waiver. This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Licensor regarding the Licensed Application.
16. Contact
Gen X Girl Club LLC
Email: sarah@genxgirlclub.com
Vail Valley, Colorado, USA