This EULA is the licensing agreement that comes with each D&A SPED M DOO application you download from the Apple App Store. It defines what you can and can't do with the app — and what we promise (and don't).
01Agreement
This End User License Agreement ("EULA" or "Agreement") is a binding legal agreement between you ("End User", "you", "your") and D&A SPED M DOO ("Licensor", "we", "our", "us"), a company registered in Montenegro at Tanasija Pejatovića 33, 84210 Pljevlja. This EULA governs your use of our mobile applications ("Application") that are made available through the Apple App Store.
By downloading, installing, accessing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms, do not download, install, or use the Application.
02License Grant
2.1 Scope of License
Subject to the terms of this EULA, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes (unless otherwise specified in a separate commercial license agreement), and as permitted by the Apple App Store Terms of Service ("Usage Rules").
2.2 Updates
The Licensor may from time to time provide updates, patches, bug fixes, or other modifications to the Application ("Updates"). Such Updates may be installed automatically or may require manual action. This EULA governs any Updates provided by the Licensor unless separate terms accompany such Updates.
03Restrictions
You agree not to, and you shall not permit others to:
- Copy, reproduce, distribute, publish, or create derivative works based on the Application, in whole or in part
- Reverse engineer, decompile, disassemble, decrypt, or attempt to derive the source code of the Application, except as expressly permitted by applicable law
- Rent, lease, lend, sell, resell, sublicense, assign, distribute, or otherwise transfer rights to the Application
- Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Application
- Use the Application for any purpose that is unlawful, prohibited by this EULA, or that infringes the rights of any third party
- Use the Application to transmit harmful code, spam, or any material that is defamatory, obscene, or otherwise objectionable
- Circumvent, disable, or otherwise interfere with any security-related features of the Application
- Use the Application in a manner that could damage, disable, overburden, or impair any server or network connected to the Application
- Use automated scripts or bots to interact with the Application
04Intellectual Property
The Application and all copies thereof are proprietary to the Licensor. The Application is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Licensor retains all right, title, and interest in and to the Application, including all intellectual property rights therein. All rights not specifically granted in this EULA are reserved by the Licensor.
05User-Generated Content
If the Application allows you to create, upload, or share content ("User Content"), you retain ownership of your User Content. By submitting User Content through the Application, you grant the Licensor a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content solely in connection with operating and providing the Application.
06Privacy and Data Collection
Your use of the Application is also governed by our Privacy Policy, which is incorporated into this EULA by reference. By using the Application, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy. To request deletion of your data, see our User Data Deletion page.
07In-App Purchases and Subscriptions
The Application may offer in-app purchases or subscription services. All transactions are processed through the Apple App Store and are subject to Apple's Terms and Conditions. You acknowledge that the Licensor has no obligation to provide refunds for in-app purchases, and that refund requests should be directed to Apple. Subscription auto-renewal can be managed in your Apple ID account settings.
08Termination
8.1 Termination by You
You may terminate this EULA at any time by uninstalling and deleting all copies of the Application from your devices.
8.2 Termination by Licensor
This EULA is effective until terminated. Your rights under this license will terminate automatically without notice if you fail to comply with any term of this EULA. The Licensor may also terminate this license at any time for any reason.
8.3 Effects of Termination
Upon termination, you must cease all use of the Application and destroy all copies, full or partial, of the Application. Termination does not limit any of the Licensor's rights or remedies at law or in equity. Sections 4, 8.3, 9, 10, 11, 12, and 15 shall survive termination.
09Disclaimer of Warranties
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE LICENSOR DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LICENSOR'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR FIFTY EUROS (€50), WHICHEVER IS GREATER.
11Indemnification
You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from your use of the Application, your violation of this EULA, or your violation of any rights of a third party.
12Apple-Specific Terms
The following terms apply if you access or use the Application on an Apple device:
- This EULA is concluded between you and D&A SPED M DOO only, and not with Apple Inc. ("Apple"). D&A SPED M DOO, not Apple, is solely responsible for the Application and the content thereof.
- The license granted to you is limited to a non-transferable license to use the Application on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
- D&A SPED M DOO, not Apple, is responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA or as required under applicable law.
- In the event of any failure of the Application 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 applicable law, Apple has no other warranty obligation with respect to the Application.
- D&A SPED M DOO, not Apple, is responsible for addressing any claims by you or any third party relating to the Application, including: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, D&A SPED M DOO, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
13Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the Department of State.
14Severability
If any provision of this EULA is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect.
15Governing Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of Montenegro, excluding its conflicts of law rules. Any legal suit, action, or proceeding arising out of or related to this EULA shall be instituted exclusively in the courts of Montenegro.
16Entire Agreement
This EULA, together with the Privacy Policy and any supplemental terms, constitutes the entire agreement between you and the Licensor with respect to the Application and supersedes all prior or contemporaneous understandings and agreements.
17Contact Information
If you have any questions about this EULA, please contact us:
Email: da.sped.m.doo@gmail.com
Address: D&A SPED M DOO, Tanasija Pejatovića 33, 84210 Pljevlja, Montenegro