End User License Agreement (EULA)
This End User License Agreement (“EULA”) is a legal agreement between you (“you” or “your”) and the developer identified for PowerScale in the App Store listing (“Licensor,” “we,” “us,” or “our”) for the PowerScale mobile software application (“App”).
BY INSTALLING OR USING THE APP, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE APP.
1. License grant
Subject to this EULA and Apple’s applicable App Store rules, Licensor grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use.
2. License restrictions
You may not: (a) copy, modify, or create derivative works of the App except as permitted by applicable law; (b) reverse engineer, decompile, or disassemble the App except where such restriction is prohibited by law; (c) rent, lease, lend, sell, redistribute, or sublicense the App; (d) circumvent or disable security or usage limits; (e) use the App unlawfully, to harm others, or to infringe intellectual property or privacy rights; or (f) interfere with or disrupt the App or its infrastructure.
3. Accounts
Certain features require an account. You are responsible for your credentials and activity under your account. Notify us promptly if you suspect unauthorized access.
4. Subscriptions and in-app purchases
The App may offer auto-renewing subscriptions and other in-app purchases. Payment, renewal, cancellation, and refunds are handled by Apple in accordance with Apple’s terms and your Apple ID settings. Pricing and subscription length are shown before you confirm a purchase. Unless required otherwise by law, billing disputes and refunds are subject to Apple’s policies.
5. Third-party services and content
The App may rely on third-party services, data, and APIs (for example catalog/metadata providers, cloud hosting, authentication, analytics, ads, and payment processing by Apple). Third parties have their own terms and policies. Media titles, artwork, and related metadata belong to their respective owners; Licensor does not claim ownership of that third-party content.
6. User content
If you submit content through the App, you represent you have the rights to do so. You grant Licensor a worldwide license to host, store, reproduce, and display that content solely to operate and improve the App and related services, as further described in our Terms of Service and Privacy Policy.
7. Intellectual property
The App, its branding, UI, and original software are owned by Licensor and its licensors and are protected by intellectual property laws. Except for the limited license in Section 1, no rights are granted.
8. Updates and changes
Licensor may provide updates to the App (including through the App Store). Updates may be subject to this EULA or additional terms. Licensor may modify this EULA; the “Last updated” date will change when we do. Continued use after changes constitutes acceptance unless applicable law requires otherwise.
9. Termination
This EULA is effective until terminated. Your rights under this EULA terminate automatically if you fail to comply with it. Licensor may suspend or terminate access if you violate this EULA or if we discontinue the App. You may stop using the App at any time.
10. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. LICENSOR’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THIS EULA OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP OR IN-APP PURCHASES TO LICENSOR IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $50.
12. Indemnity
You will defend and indemnify Licensor against claims arising from your misuse of the App, your content, or your violation of this EULA, to the extent permitted by law.
13. Apple App Store
If you obtained the App from Apple’s App Store, you acknowledge that this EULA is between you and Licensor, not Apple. Apple is not responsible for the App or its content. Apple has no obligation to furnish maintenance or support for the App. Apple is not responsible for addressing any claims relating to the App or your possession or use of the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price in accordance with Apple’s policies. To the maximum extent permitted by law, Apple has no other warranty obligation. Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA solely as it relates to your license of the App through the App Store.
14. Governing law
This EULA is governed by the laws of the United States, without regard to conflict-of-law principles, except where prohibited by mandatory consumer-protection laws of your country of residence.
15. Entire agreement; Terms of Service
This EULA governs the license to the App. A current copy of this EULA is available at https://powerscale.app/eula/. Additional terms governing use of related services (including conduct, community features, and detailed legal terms) are set forth in our Terms of Service. Our privacy practices are described in our Privacy Policy.
16. Contact
For privacy requests or legal questions, contact us through the email address listed on the App Store or via the in-app Report a Bug / Support flows.