Terms of Use

Last updated: 2025-05-28

These Terms of Use (“Terms”) govern your use of our website and all Appalect mobile applications (the “Apps”) provided by 11089439 Canada Corporation (“we”, “us”, or “our”). By downloading, installing, or using our Apps or accessing our website, you agree to be bound by these Terms and Apple's App Store Terms of Service. These Terms apply to all users worldwide, with specific provisions for users in different jurisdictions.

1. Acceptance of Terms

By accessing or using our Apps or website, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Apps or website. We may update these Terms at any time, and your continued use of the Apps or website after changes constitutes acceptance of the updated Terms.

2. License Grant & Restrictions

11089439 Canada Corporation (“Appalect”) hereby grants you a limited, non-exclusive, non-transferable, revocable license to use our iOS applications (the “Apps”) solely for your own personal, non-commercial purposes on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license is granted in accordance with these Terms and Apple's App Store Terms of Service. To the extent these Terms conflict with Apple's Standard Licensed Application End User License Agreement, these Terms shall control. You may not:

• Copy, modify, or create derivative works of the Apps
• Reverse engineer, decompile, or disassemble the Apps
• Distribute, sell, lease, or sublicense the Apps
• Remove or alter any proprietary notices or labels
• Use the Apps for any commercial purpose without our permission

3. In-App Purchases & Subscriptions

Certain features are offered via auto-renewing subscriptions processed by Apple In-App Purchase.

• Subscriptions renew automatically unless cancelled in Settings > Apple ID > Subscriptions at least 24 hours before the end of the current period
• Subscription fees are charged to your Apple ID account upon confirmation of purchase
• Refund requests are handled by Apple and subject to their policies
• We reserve the right to change subscription prices with notice
• Free trial periods, if offered, will automatically convert to paid subscriptions unless cancelled

4. Intellectual Property

All content, software, graphics, design, text, logos, and trademarks are © 2025 11089439 Canada Corporation (“Appalect”) or its licensors. All rights reserved. The Apps and all related intellectual property rights are and shall remain the exclusive property of 11089439 Canada Corporation. Nothing in these Terms grants you any rights to use our intellectual property except as expressly set forth herein.

5. User Content & Acceptable Use

If our Apps allow you to create, submit, or store content (“User Content”), you agree not to upload or transmit any User Content that:

• Is illegal, infringing, defamatory, or harmful
• Contains viruses or malicious code
• Violates any third-party rights
• Is false, misleading, or fraudulent
• Harasses, threatens, or harms others

You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content in connection with operating the Apps. We may remove content and suspend access for violations without notice.

6. Disclaimer of Warranties

THE APPS AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH DISCLAIMERS ARE PROHIBITED BY LAW.

We do not warrant that the Apps will be uninterrupted, error-free, or free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 11089439 CANADA CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPS OR WEBSITE.

Our total liability to you for all claims arising from or related to these Terms or the Apps shall not exceed the amount you paid us in the twelve months preceding the claim. These limitations apply even if we have been advised of the possibility of such damages.

8. Indemnity

You agree to indemnify, defend, and hold harmless 11089439 Canada Corporation and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your use of the Apps or website, or your violation of any third-party rights.

9. Termination

We may suspend or terminate your access to the Apps or website at any time for violation of these Terms, with or without notice. Upon termination:

• Your license to use the Apps ends immediately
• You must cease all use of the Apps and delete them from your devices
• We may delete your account and User Content
• Sections of these Terms that should survive termination will remain in effect

10. Governing Law & Venue

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Apps shall be resolved exclusively in the courts of Ottawa, Ontario, Canada, and you consent to the jurisdiction and venue of such courts.

Exception for Mandatory Local Laws: If you reside in a jurisdiction where local consumer protection laws require different governing law or venue (such as your local courts), those mandatory provisions will apply to the extent required by law, but all other aspects of these Terms remain governed by Ontario law.

11. Privacy

Your use of our Apps is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. Contact Information

If you have questions about these Terms, please contact us at:

13. Regional Compliance & Additional Terms

The following regional provisions supplement but do not replace the general governing law in Section 10:

13.1 For Canadian Users

These Terms are governed by Ontario law as stated in Section 10.

13.2 For US Users

While these Terms are primarily governed by Ontario law, US users acknowledge that:

• Disputes may be subject to arbitration where permitted by law
• Class action waivers apply where permitted by law
• Mandatory state consumer protection laws will be respected

Notice to California Users: You may contact us for complaints at the address listed below. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

13.3 For EU/EEA Users

While these Terms are primarily governed by Ontario law, EU consumers retain all rights under mandatory EU consumer protection laws. Disputes may be submitted to the online dispute resolution platform provided by the European Commission at ec.europa.eu/odr.

Nothing in these Terms affects your statutory rights as a consumer under EU law.

13.4 For Users in Other Jurisdictions

These Terms are governed by the laws of Canada and the Province of Ontario. Disputes shall be resolved in the courts of Ontario, Canada, except where prohibited by your local laws.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the Apps and updating the “Last updated” date. Your continued use of the Apps after changes constitutes acceptance of the modified Terms.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Apps
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect
• Waiver: Our failure to enforce any provision is not a waiver of our right to do so later
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations freely
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control

16. Third-Party Services

Our Apps may contain links to or integrate with third-party services. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

17. AI-Generated Content

Our Apps use artificial intelligence to provide features and generate content. You acknowledge that:

• AI-generated content may not always be accurate or appropriate
• You should independently verify any AI-generated information
• We are not responsible for decisions made based on AI-generated content
• AI features are provided “as is” without warranties

18. International Use

The Apps are operated from Canada. We make no representation that the Apps are appropriate or available for use in other locations. If you access the Apps from other locations, you do so at your own risk and are responsible for compliance with local laws.

Due to international regulations, our Apps may not be available in certain countries or regions. We reserve the right to limit the availability of our Apps or any features to any person, geographic area, or jurisdiction at any time.

19. Eligibility

You must be at least 13 years old to use our Apps. If you are under 18, you must have your parent or guardian's permission to use the Apps. By using the Apps, you represent and warrant that you meet these eligibility requirements.

20. Account Registration

You may need to create an account to access certain features of our Apps. When creating an account:

• You must provide accurate and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

21. Apple-Specific Terms

For Apps distributed through the Apple App Store, the following additional terms apply:

• These Terms are between you and 11089439 Canada Corporation only, not Apple, and 11089439 Canada Corporation, not Apple, is solely responsible for the Apps and their content
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps
• In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apps to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps
• 11089439 Canada Corporation, not Apple, is responsible for addressing any claims you have or any claims of any third party relating to the Apps or your possession and use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation
• In the event of any third party claim that the Apps or your possession and use of the Apps infringes that third party's intellectual property rights, 11089439 Canada Corporation, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms
• You must comply with applicable third-party terms of agreement when using the Apps
• You represent and warrant that (i) 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 (ii) 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 these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof

22. Compliance with Laws

22.1 US Compliance

For US users, the following additional terms apply:

• DMCA: We comply with the Digital Millennium Copyright Act. To report copyright infringement, contact us at legal@appalect.com
• COPPA: We do not knowingly collect information from children under 13 in compliance with the Children's Online Privacy Protection Act
• Export Controls: You agree to comply with all applicable export and re-export control laws and regulations
• State-Specific Rights: Some states provide additional consumer protection rights which are preserved

22.2 EU/EEA Compliance

For EU/EEA users, the following additional terms apply:

• Consumer Rights: Nothing in these Terms limits your rights under EU consumer protection laws
• Right of Withdrawal: You have 14 days to withdraw from a purchase without giving any reason. However, by tapping Buy or Install, you expressly consent to immediate performance and acknowledge you lose the 14-day withdrawal right once the download or streaming begins
• Statutory Warranty: You benefit from a legal guarantee of conformity for digital content
• Unfair Terms: Any provisions deemed unfair under EU law shall not apply

22.3 Accessibility

We strive to ensure our Apps are accessible to users with disabilities in compliance with applicable accessibility laws including the Americans with Disabilities Act (ADA) in the US and the European Accessibility Act in the EU. For accessibility feedback or concerns, please contact us at: a11y@appalect.com.

23. Export Compliance

You may not use or otherwise export or re-export the Apps except as authorized by United States law and the laws of the jurisdiction in which the Apps were obtained. You represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.

24. Links to Other Policies

Your use of our Apps is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.