End‑User License Agreement (EULA)

1) The Application

The Licensed Application provides calendar and task management functionality on iOS and Android devices (the “Devices”). The app is not designed for compliance with industry‑specific regulations (e.g., HIPAA, FISMA). If your use would be subject to such laws, you may not use the app. You may not use the app in a manner that would violate the Gramm–Leach–Bliley Act (GLBA).

2) License Scope

1. The Licensor grants you a non‑exclusive, non‑transferable, non‑sublicensable license to install and use the Licensed Application on Devices you own or control, as permitted by the Stores’ usage rules. Family Sharing / volume purchasing may allow access by associated accounts, subject to those rules.
2. This EULA applies to updates that replace, repair, and/or supplement the initial app, unless a separate license is provided for an update—in which case the new license governs that update.
3. You shall not sell, rent, lease, lend, distribute, or make the app available to third parties (except as allowed by the Stores’ rules and this EULA), nor use it for time‑sharing or service bureau purposes without prior written consent.
4. You shall not reverse engineer, translate, disassemble, decompile, or attempt to derive the source code of the app or any part thereof, nor create derivative works, except where such restrictions are prohibited by applicable law.
5. You may not copy or modify the app except as expressly permitted by this EULA and the Stores’ rules. You may make one backup copy for archival purposes on Devices you own or control. You must not remove proprietary notices. If you sell your Device, you must remove the app first.
6. Any breach or attempted breach of these restrictions may result in civil and/or criminal liability. The Licensor reserves all rights not expressly granted.

3) Technical Requirements

1. The app requires firmware/OS version 1.0.0 or higher (or the minimum version specified in the Store listing). Using the latest OS is recommended.
2. The Licensor strives to keep the app compatible with updated OS/hardware but does not guarantee ongoing compatibility or updates.
3. You are responsible for confirming that your Device meets the app’s technical specifications and for maintaining a stable internet connection as needed.
4. The Licensor may change technical specifications at any time.

4) Maintenance & Support

1. The Licensor is solely responsible for maintenance and support of the app, as required by applicable law.
2. The Stores have no obligation to provide maintenance or support for the app.
3. Support contact: info@winnicke.com.

5) Data Use

The Licensor may access and process content you download to or through the app and your personal data in accordance with our Privacy Policy and your selections (including settings). The app may collect technical data (e.g., Device/OS information, diagnostics) to deliver updates, provide support, improve products, and offer related services. Where possible, such information is used in a form that does not personally identify you.

6) User‑Generated Contributions

The app may invite you to create, submit, post, display, transmit, or distribute content (collectively, “Contributions”). Contributions may be visible to other users or through third‑party services and may be treated as non‑confidential and non‑proprietary. You represent and warrant that your Contributions:

• do not infringe third‑party rights (including copyright, trademark, patent, trade secret, moral rights);
• are yours or you have the necessary rights and permissions to grant the license in Section 7;
• are not false, misleading, unlawful, harassing, defamatory, obscene, hateful, discriminatory, or otherwise objectionable;
• do not violate privacy, publicity, child protection, or other laws; and
• comply with this EULA and applicable law.

Violation may result in suspension or termination of your rights to use the app.

7) Contribution License

By making Contributions in or through the app (including via linked social accounts), you grant the Licensor a worldwide, perpetual, irrevocable, non‑exclusive, transferable, fully paid, royalty‑free license to host, use, copy, reproduce, disclose, publish, transmit, display publicly, reformat, translate, distribute (in whole or in part), create derivative works from, and otherwise exploit such Contributions for any lawful purpose, including commercial purposes, and to sublicense the foregoing.

You waive (to the extent permitted by law) any moral rights in your Contributions. The Licensor does not claim ownership of your Contributions, and you remain solely responsible for them. The Licensor may edit, categorize, pre‑screen, or remove Contributions at its discretion but is not obligated to monitor them.

8) Liability

The Licensor’s liability for breaches of duty and tort is limited to intent and gross negligence. For breaches of essential contractual obligations (cardinal duties), the Licensor is also liable for slight negligence, but only for foreseeable, typical damages. These limitations do not apply to injury to life, body, or health.

The Licensor is not liable for damages resulting from your breach of Section 2 (License Scope) or for data loss you could have avoided by using reasonable backup features consistent with third‑party terms.

9) Warranty

1. The Licensor warrants that, at download, the app is free from spyware, trojans, viruses, or other malicious code and substantially performs as described.
2. No warranty applies if the app cannot run due to unauthorized modifications, improper handling, unsuitable hardware/software, or factors outside the Licensor’s control.
3. You must promptly inspect the app after installation and notify the Licensor of defects via the contact in Section 12 within thirty (30) days of discovery.
4. If a defect is confirmed, the Licensor will remedy it by repair or replacement at its discretion.
5. If the app fails to conform to any applicable warranty, you may notify the Store operator and, where applicable under Store policy, receive a refund of the purchase price. To the maximum extent permitted by law, the Store assumes no other warranty obligations.
6. For business users, statutory limitation periods apply as permitted by law; for consumers, statutory warranty rights remain unaffected.

10) Product Claims

As between the parties, the Licensor—not the Stores—is responsible for addressing any claims by you or a third party relating to the app or your possession and/or use of the app, including: (i) product liability claims; (ii) claims that the app fails to conform to legal or regulatory requirements; and (iii) claims arising under consumer protection, data protection, or similar laws (including any use of platform features such as HealthKit or HomeKit, if applicable).

11) Legal Compliance

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws.

12) Contact Information

13) Termination

This EULA is effective until terminated by you or the Licensor. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term(s) of this EULA. Upon termination, you must cease all use of the app and destroy all copies, in whole or in part.

14) Third‑Party Terms & Beneficiaries

You agree to comply with applicable third‑party terms when using the app. Apple, Google, and their subsidiaries are third‑party beneficiaries of this EULA and, upon your acceptance of its terms, have the right (and will be deemed to have accepted the right) to enforce this EULA against you as third‑party beneficiaries.

15) Intellectual Property

In the event of a third‑party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, the Licensor—not the Stores—will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

16) Governing Law

This EULA is governed by the laws of Germany (without regard to conflict‑of‑laws rules). If you are a consumer residing in the EU, you also enjoy the protection of mandatory provisions of the law of your country of residence.

17) Miscellaneous

• If any provision of this EULA is held invalid or unenforceable, the remaining provisions remain in full force and effect. An invalid term will be replaced by one closest to the original purpose.
• No amendment or modification is effective unless in writing. A waiver must also be in writing.
• This EULA constitutes the entire agreement between you and the Licensor regarding the app, superseding prior understandings.