These Terms of Use (the "Terms") are a legally binding agreement between you and Elizabeth LLC, operating as Elizabeth Solutions ("we", "us", "our"). They serve as the end user license agreement (EULA) for every app we publish and govern your use of our apps, web applications and this website (together, the "Services").
By downloading, installing, accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Services. If you are under the age of majority, you may use the Services only with the consent of a parent or guardian who agrees to these Terms.
License to use our apps
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use our apps on devices you own or control, for your personal or internal business purposes.
All our products are developed in-house. This license does not transfer any ownership, source code, infrastructure access or intellectual property to you. You may not copy, modify, distribute, sell or lease any part of the Services, or reverse engineer, decompile or attempt to extract their source code, except where applicable law expressly permits it.
Accounts
Some features require an account. You agree to provide accurate information, keep your credentials confidential and notify us promptly of any unauthorized use. You are responsible for activity that occurs under your account.
Subscriptions and payments
Our apps are offered on a subscription basis. The subscription options, price and billing period are shown in the app before you confirm a purchase.
Purchases through the App Store
- Payment is charged to your Apple ID account at confirmation of purchase.
- Subscriptions renew automatically unless auto-renew is turned off 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, at the then-current price.
- You can manage or cancel subscriptions in your Apple ID account settings after purchase.
- Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.
Purchases through Google Play
- Payment is charged to your Google Play account at confirmation of purchase.
- Subscriptions renew automatically at the end of each billing period unless you cancel before renewal.
- You can cancel at any time in the Google Play Store under Payments and subscriptions. Cancellation takes effect at the end of the current billing period.
Refunds and price changes
Refunds for purchases made through the App Store or Google Play are handled by Apple or Google under their refund policies. Except where required by law, we do not provide refunds or credits for partial subscription periods. If we change a subscription price, you will be notified in advance as required by the store, and the new price applies from your next renewal.
Deleting an app or your account does not cancel your subscription. Cancel it through the store where you purchased it.
Acceptable use
You agree not to: use the Services for any unlawful purpose; attempt to gain unauthorized access to our systems or other users' accounts; interfere with or disrupt the Services or their infrastructure; upload malware or harmful code; scrape or harvest data by automated means; or use the Services to infringe the rights of others.
Your content and feedback
You keep ownership of content you create in our apps. You grant us a limited license to host, store and process that content solely to provide the Services to you.
We welcome feedback, feature requests and bug reports, and they help shape our roadmap. If you send us feedback, you grant us a perpetual, worldwide, royalty-free right to use it for any purpose without obligation or compensation to you.
Intellectual property
The Services, including software, design, text, graphics, logos and trademarks, are owned by Elizabeth LLC and protected by intellectual property laws. Except for the license granted above, no rights are granted to you.
Third-party services
The Services may include or link to third-party services. We are not responsible for third-party services, and your use of them is governed by their own terms.
Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits rights you have under mandatory consumer protection law.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIZABETH LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR USD 50.
Indemnification
You agree to indemnify and hold harmless Elizabeth LLC from claims, damages and expenses, including reasonable legal fees, arising from your breach of these Terms or misuse of the Services, to the extent permitted by law.
Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms or if required by law. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability and governing law.
Governing law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law rules. Disputes will be resolved in the state or federal courts located in Sheridan County, Wyoming, unless mandatory law of your country of residence gives you the right to bring proceedings in your local courts.
Additional terms for apps downloaded from the App Store
If you obtained an app from the Apple App Store, the following also applies:
- Acknowledgement. These Terms are concluded between you and Elizabeth LLC only, and not with Apple Inc. ("Apple"). Elizabeth LLC, not Apple, is solely responsible for the app and its content.
- Scope of license. The license granted to you is limited to use of the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. Elizabeth LLC is solely responsible for providing maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services for the app.
- Warranty. Elizabeth LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- Product claims. Elizabeth LLC, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
- 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, Elizabeth LLC, 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 U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer name and address. Questions, complaints or claims regarding the app should be directed to: Elizabeth LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, United States, owner@elizabethsolutions.com.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the app.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Additional terms for apps downloaded from Google Play
If you obtained an app from Google Play, your purchase is also subject to the Google Play Terms of Service. These Terms are between you and Elizabeth LLC only, and Google is not responsible for the app or its content.
Changes to these Terms
We may update these Terms from time to time. We will change the "Last updated" date above and, for material changes, notify you in the app or by email. Continued use of the Services after changes take effect means you accept the updated Terms.
Contact
Elizabeth LLC (d/b/a Elizabeth Solutions)30 N Gould St, Ste N, Sheridan, WY 82801, United States
Email: owner@elizabethsolutions.com