This End User License Agreement ("Agreement") is a legal agreement between you and Rogerio Carvalho, the developer of Ice Cream Mix ("Developer"), and governs your use of the Ice Cream Mix app ("Application").
This Agreement is concluded between you and the Developer only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the Application and its content. By downloading or using the Application, you agree to be bound by this Agreement.
1. License
The Developer grants you a limited, non-exclusive, non-transferable, revocable license to use the Application, for personal or professional purposes, on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. Where those rules allow it, the Application may also be used by other accounts associated with you through Family Sharing or volume purchasing.
2. Ownership
The Application, including but not limited to its algorithms, formulations, calculations, databases, design, and content, is the intellectual property of the Developer and is protected by applicable copyright and intellectual property laws.
You may not copy, reproduce, modify, distribute, or create derivative works without prior written consent. The recipes and formulas you create are yours.
3. Restrictions
You agree not to:
- Reverse engineer or attempt to extract source code, except where the law expressly allows it
- Use the Application for unlawful purposes
- Resell, sublicense, or exploit the Application without authorization
4. Professional Use Disclaimer
The Application provides calculations and formulation assistance for informational purposes only. Values such as freezing point, sweetness, nutrition facts and allergens are estimates.
The Developer does not guarantee accuracy, completeness, or suitability for professional use. Any use in food production or commercial environments is at your own risk, and you are responsible for checking recipes, labels and allergens before producing, selling or serving them.
5. Subscriptions and Auto-Renewal
Ice Cream Mix offers auto-renewable subscription plans managed through Apple In-App Purchases.
- Payments are processed exclusively by Apple
- Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
- The annual plan may include a free trial, whose length is shown in the App Store before you subscribe; any unused portion of the trial is forfeited upon subscribing
- You can manage or cancel your subscription at any time from your Apple ID account settings
6. Maintenance and Support
The Developer is solely responsible for providing any maintenance and support services for the Application, as described in this Agreement or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. For support, write to rogeriocsan@gmail.com.
7. Warranty
To the maximum extent permitted by law, the Application is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, including fitness for a particular purpose and non-infringement.
The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent they have not been effectively disclaimed. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the Application to you. To the maximum extent permitted by 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 the Developer's sole responsibility.
Nothing in this Agreement limits the rights you have as a consumer under laws that cannot be waived.
8. Limitation of Liability
To the maximum extent permitted by law, the Developer shall not be liable for any damages, including but not limited to:
- Loss of profits
- Business interruption
- Food production errors
- Indirect or consequential damages
9. Product Claims
The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
10. Intellectual Property Claims
If a third party claims that the Application or your possession and use of it infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of that claim.
11. 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.
12. Third-Party Terms
You must comply with any applicable third-party terms of agreement when using the Application, such as your wireless data service agreement.
13. Termination
This license is effective until terminated. It will terminate automatically if you fail to comply with this Agreement. You can end it at any time by deleting the Application.
14. Privacy
The processing of personal data is governed by our Privacy Policy, which forms an integral part of this Agreement.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Spain. Any disputes shall be submitted to the competent courts in accordance with applicable law. If you are a consumer, this does not deprive you of the protection of the mandatory laws of your country of residence.
16. Third-Party Beneficiary
Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.
17. Contact
Any questions, complaints or claims regarding the Application should be directed to:
Rogerio Carvalho, developer of Ice Cream Mix
Email: rogeriocsan@gmail.com
Website:
https://icecreammix.app/
18. Acceptance
By using Ice Cream Mix, you confirm that you have read, understood, and accepted this End User License Agreement.
See also: Terms of Service · Privacy Policy