End User License Agreement
This End User License Agreement ("Agreement") is between you ("you") and Hannes Jung ("Developer") and governs your use of Peaks ("App").
Relationship with Apple
This Agreement is concluded between you and the Developer only, not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App. Apple is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection or similar legislation. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation for the App. Apple and its subsidiaries are third-party beneficiaries of this Agreement and, once you accept it, may enforce it against you.
License
The Developer grants you a limited, non-exclusive, non-transferable license to use the App on Apple-branded devices you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions, including use by members of your Family Sharing group. You may use the App for personal and professional work. You may not use the App unlawfully, or copy, modify, reverse engineer or distribute it except as the law allows.
Purchase
The App is sold as a one-time purchase through the App Store. It contains no subscriptions and no in-app purchases. Pricing and refunds are described in the Terms of Use.
Your content
Everything you write in the App belongs to you. The Developer claims no rights in it and has no access to it; see the Privacy Policy.
Third-party components
The typefaces Bricolage Grotesque, Instrument Sans, Source Serif 4 and Source Code Pro are included under the SIL Open Font License 1.1. Syncing uses Apple's iCloud (CloudKit).
Warranty and limitation of liability
The App is provided "as is". To the maximum extent permitted by law, the Developer is not liable for direct, indirect, incidental, consequential or punitive damages arising from the use of, or inability to use, the App, including loss of data, missed deadlines or sync conflicts. Keep copies of anything important. Nothing in this Agreement limits liability for intent or gross negligence, or for personal injury, or any statutory warranty or right that cannot be excluded.
Intellectual property
The App, including its design, icon and code, is owned by the Developer and protected by intellectual property laws. You obtain no ownership rights in the App.
Termination
This license is effective until terminated. It ends automatically if you fail to comply with this Agreement. On termination you must stop using the App and delete it.
Disputes and governing law
This Agreement is governed by the laws of Austria. The parties will first try to resolve any dispute in good faith; failing that, the competent courts of Austria have jurisdiction. Mandatory consumer protection rights of your country of residence are not affected.
Miscellaneous
This Agreement is the entire agreement between you and the Developer about the App. If any provision is invalid or unenforceable, the rest remain in effect. Not enforcing a provision is not a waiver of it.
Questions about this agreement? Write to mail@hannesjung.at.
