Terms & Conditions

These terms and conditions apply to the Apol app (hereby referred to as "Application") for mobile devices, created by Dario Digregorio (hereby referred to as "Service Provider") as a Freemium service.

1. Acceptance of Terms

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. If you do not agree with any part of these terms, you should not download or use the Application.

2. Intellectual Property

Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

The Service Provider grants you a limited, non-exclusive, non-transferable, revocable license to use the Application solely for your personal, non-commercial purposes in accordance with these Terms & Conditions.

3. Modifications to the Application and Services

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

The Service Provider may also:

• Update or change the Application's functionality or appearance
• Temporarily suspend the Application for maintenance or updates
• Permanently discontinue specific features or services
• Limit certain features or access to parts of the Application

The Service Provider will make reasonable efforts to provide notice of significant changes.

4. User Data and Security

The Application stores and processes personal data that you have provided to the Service Provider to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.

You are responsible for:

• Maintaining the confidentiality of your account information
• Restricting access to your device
• Accepting responsibility for all activities that occur under your account

All personal data processing is governed by our Privacy Policy, which is an integral part of these Terms & Conditions. By using the Application, you also consent to the practices described in the Privacy Policy.

5. Third-Party Services

Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:

• Google Play Services
• Google Analytics for Firebase
• Firebase Crashlytics
• RevenueCat
• Google Gemini

The Service Provider is not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that the Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party service.

6. Internet Connection and Data Usage

Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to a lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.

7. Device Battery Life

It is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

8. Reliance on Third-Party Information

The Service Provider strives to ensure that the information provided in the Application is updated and accurate at all times. However, they rely on third parties to provide some of this information. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.

The Application includes content generated by artificial intelligence systems. Such content is provided "as is" without warranties of any kind, and the Service Provider does not guarantee its accuracy, completeness, or reliability.

9. Application Updates

The Service Provider may update the application at any point. You may need to download updates to continue using the application. The Service Provider does not guarantee that the Application will always be compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you.

The Service Provider reserves the right to:

• Require that you install updates to continue using the Application
• Automatically update the Application without notification
• Discontinue supporting older versions of operating systems

10. Termination of Service

The Service Provider may cease providing the Application and terminate its use at any time without providing termination notice to you. Upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the Application and (if necessary) delete it from your device.

The Service Provider may also terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms & Conditions.

Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application. However, all provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. User-Generated Content and Conduct

The Application may allow users to create, upload, share, or otherwise contribute content ("User Content"). You are solely responsible for all User Content you submit and the consequences of posting or publishing it.

By using the Application, you agree to the following:

Content Standards

You agree not to submit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, sexually explicit, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

Specifically, prohibited content includes, but is not limited to:

• Illegal material or content that promotes illegal activities
• Malicious content designed to disrupt, damage, or gain unauthorized access to systems
• Content that infringes on intellectual property rights of others
• Misinformation or deliberately misleading content
• Content that promotes discrimination, violence, or hatred
• Sexually explicit material
• Content that exploits or harms minors
• Spam, phishing attempts, or other deceptive content
• Personal, private, or confidential information of others without their consent

Compliance with Law

You agree not to use the Application for any illegal or unauthorized purpose. You must comply with all applicable laws regarding your use of the Application and your submission of User Content, including local, state, national, and international laws and regulations.

User Content Rights

You retain all of your ownership rights in your User Content. However, by submitting User Content to the Application, you grant the Service Provider a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with the Application. You also grant the Service Provider the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Service Provider to use your User Content
• Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity

Content Moderation

The Service Provider implements content moderation to maintain a safe and lawful environment. This may include:

• Automated tools to detect potentially harmful content
• Pre-publication review of certain content
• Post-publication moderation based on user reports
• Removal of content that violates these Terms & Conditions
• Suspension or termination of accounts that repeatedly violate these Terms & Conditions

The Service Provider strives to balance content moderation with freedom of expression and will make reasonable efforts to apply these policies fairly and consistently.

Reporting Objectionable Content

You can report objectionable User Content by clicking the message and selecting the "Report" button. The Service Provider will act on such reports within 24 hours by reviewing and, if appropriate, removing the objectionable content and potentially taking action against the user who posted it.

When reporting content, please provide:

• The specific reason for your report
• The location or identification of the content
• Any additional context that might be helpful for review

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APPLICATION.

THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR:

• Any User Content posted on the Application
• Actions taken by users of the Application
• Technical issues or interruptions in service
• Loss of data or information resulting from use of the Application
• Damages resulting from unauthorized access to your account

THE SERVICE PROVIDER DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

• Death or personal injury resulting from our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by law

13. Dispute Resolution and Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms & Conditions or your use of the Application shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the courts in Germany.

14. Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

Your continued use of the Application after changes to the Terms & Conditions constitutes your acceptance of such changes.

15. Severability

If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16. Waiver

The failure of the Service Provider to enforce any right or provision of these Terms & Conditions will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Service Provider.

17. Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at info@dario-digregorio.de.

18. Effective Date

These terms and conditions are effective as of 2024-08-11.