Agreement
These Terms of Use (“Terms”) govern your use of Tallyo (the “App”), provided by Kaielian (“we”, “us”). By downloading or using the App, you agree to these Terms. If you do not agree, please do not use the App.
These Terms supplement Apple’s Licensed Application End User License Agreement (“Standard EULA”). If there is a conflict between these Terms and the Standard EULA regarding your license to use the App, the Standard EULA applies.
License
We grant you a personal, non-transferable, non-exclusive license to use the App on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules. You may not copy, modify, reverse engineer, resell or distribute the App, except where such restrictions are prohibited by law.
Your content
You keep all rights to the content you create in the App. You are responsible for your content and for keeping backups of anything important to you.
Acceptable use
- Do not use the App for anything unlawful, harmful or fraudulent.
- Do not try to interfere with, disrupt or gain unauthorized access to the App or related systems.
- Do not use the App to infringe anyone else’s rights.
Intellectual property
The App, including its design, code, graphics and trademarks, is owned by Kaielian or its licensors and is protected by intellectual property laws.
Disclaimers
The App is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the App will be uninterrupted or error-free.
Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data or profits. Our total liability for any claim relating to the App will not exceed the amount you paid for the App in the twelve months before the claim, or US$50, whichever is greater. Some jurisdictions do not allow these limitations, so they may not apply to you.
Termination
You may stop using the App at any time. We may suspend or end your access if you breach these Terms. Sections that by their nature should survive termination will survive.
Governing law
These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-law rules, except where the law of your country of residence requires otherwise. Nothing in these Terms limits rights you have under mandatory consumer protection law.
Apple-specific terms
- These Terms are between you and Kaielian only, not Apple. Kaielian, not Apple, is solely responsible for the App and its content.
- Kaielian is solely responsible for providing maintenance and support for the App. Apple has no obligation to provide any maintenance or support services.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Kaielian, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, consumer protection or privacy claims, and intellectual property infringement claims.
- You represent 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.
- You must comply with applicable third-party terms (for example, your wireless data service agreement) when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple will have the right to enforce these Terms against you.
Changes to these terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the effective date. Continued use of the App after changes take effect means you accept the new Terms.
Contact
Questions, complaints or claims about the App can be sent to Kaielian at hi@kaielian.com.