End User License Agreement for Lowball

1. Acceptance of Terms

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User" or "you") and the developer ("we," "us," or "our") governing your use of the Lowball mobile application ("Application" or "App").

By downloading, installing, accessing, or using Lowball, 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, you must not download, install, access, or use Lowball.

2. License Grant

Subject to your compliance with the terms and conditions of this EULA, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install Lowball on devices that you own or control
• Use Lowball for your personal, non-commercial purposes
• Access and use the features and services provided through Lowball

This license is granted solely for the purpose of using Lowball as permitted by this EULA and in accordance with all applicable laws and regulations.

3. License Restrictions

You may not, and you agree not to:

• Copy, modify, adapt, alter, translate, or create derivative works of Lowball
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of Lowball
• Remove, alter, or obscure any proprietary notices, labels, or marks on Lowball
• Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer Lowball to any third party
• Use Lowball for any commercial purpose without our express written consent
• Use Lowball in any way that violates any applicable law, regulation, or third-party right
• Attempt to gain unauthorized access to any portion of Lowball or any related systems or networks

4. Description of Service

Lowball shows which drinks your bottles can make, lets you write a few recipes of your own, and keeps a shelf, a shopping list, and a pour log on your phone. A widget and Siri can read the count of drinks you can pour. The app does not use an account.

The app is for adults. Cocktails are the subject. Drink slowly. Lowball is not medical, nutrition, or safety advice, and it does not tell you whether you may drive.

5. Subscriptions

Some features of Lowball require a paid subscription or one-time purchase ("Lowball Pro").

• Payments are processed through Apple's App Store and are subject to Apple's terms and conditions
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
• You will be charged the subscription fee to your account at the beginning of each billing period
• Subscription management and cancellation can be handled through your Apple ID settings
• Cancellation will take effect at the end of the current billing period
• No refunds will be provided for the current billing period upon cancellation
• The annual plan includes a 7-day free trial for new subscribers. The monthly plan has no trial
• The lifetime Lowball Pro option is a one-time, non-recurring purchase that does not renew and does not expire

6. User Responsibilities

You are responsible for:

• Maintaining access to your Apple account for subscription purposes
• Any bottle list or recipe you type into the app
• Using the app in compliance with applicable laws, including laws about alcohol

7. Data and Backups

• Lowball stores your shelf, recipes, pour log, shopping list, and settings locally on your device only
• Lowball does not back up your data to iCloud or any other cloud service
• We are not responsible for data loss caused by device failure, app deletion, or user actions
• You can export a shelf file and import one you already have

8. Intellectual Property Rights

Lowball, including all content, features, functionality, design, graphics, user interface, text, software, code, algorithms, and all other elements, is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Except as expressly granted in Section 2 of this EULA, you do not acquire any ownership rights in Lowball. All rights not expressly granted to you are reserved by us and our licensors.

Our trademarks, service marks, logos, and brand names are our property and may not be used without our prior written consent.

9. Updates and Modifications

We may, from time to time, update, modify, or enhance Lowball, including adding or removing features, or we may discontinue Lowball entirely. We may also update this EULA to reflect changes in our practices, technology, legal requirements, or for other reasons.

We will notify users of any material changes to this EULA by updating the "Last updated" date. Your continued use of Lowball after such modifications constitutes acceptance of the updated terms. If you do not agree to the modified terms, you must stop using Lowball and may terminate this Agreement as described below.

We are not obligated to provide any updates, modifications, or enhancements to Lowball, and we may discontinue support for older versions at any time.

10. Termination

This EULA is effective until terminated by either party. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term of this EULA. Upon termination:

• All rights granted to you under this EULA will immediately cease
• You must immediately stop using Lowball and delete all copies from your devices
• We may delete or disable access to any associated data

You may terminate this Agreement at any time by deleting Lowball from your devices and ceasing all use. Sections 8 (Intellectual Property Rights), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), and 16 (General Provisions) will survive termination of this EULA.

11. Warranty Disclaimers

LOWBALL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that Lowball will meet your requirements, be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OR INABILITY TO USE LOWBALL.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR LOWBALL SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of or access to Lowball; (b) your violation of any term of this EULA; (c) your violation of any third-party right; or (d) any recipe or shelf file you type or import into Lowball.

14. Export Restrictions

Lowball may be subject to export and import laws and regulations. You agree to comply with all applicable international and national laws that apply to Lowball, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

15. Governing Law and Dispute Resolution

Governing Law: This EULA shall be governed by and construed in accordance with the laws of Türkiye, without regard to its conflict of law provisions.

Dispute Resolution: Any dispute arising out of or relating to this EULA or Lowball shall first be attempted to be resolved informally by contacting us, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

If a dispute cannot be resolved informally, any legal action or proceeding arising out of or relating to this EULA or Lowball shall be brought exclusively in the courts with jurisdiction over the developer, and you consent to the personal jurisdiction of such courts.

16. General Provisions

Entire Agreement: This EULA constitutes the entire agreement between you and us regarding Lowball and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral.

Severability: If any provision of this EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect.

Waiver: No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer this EULA or any rights granted hereunder, by operation of law or otherwise, without our prior written consent. We may assign this EULA or any rights hereunder without restriction.

Third-Party Beneficiaries: This EULA is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this EULA.

17. Contact

For questions regarding this EULA, contact: [email protected]