End User License Agreement

Introduction

TheMove (“Application”) is licensed to you (“End-User”) by TOBEWES LLC, 400 Clementina Street, San Francisco, CA (“Licensor”), only under the terms of this End User License Agreement (“Agreement”).

By downloading the Application from the Apple App Store (and any updates permitted by this Agreement), you acknowledge and agree to be bound by this Agreement. The parties acknowledge that Apple is not a party to this Agreement and has no obligations regarding the Application, including warranty, liability, maintenance, or support. TOBEWES LLC, not Apple, is solely responsible for the Application and its content.

This Agreement will not provide usage rules that conflict with the App Store Terms of Service. All rights not expressly granted are reserved.

The Application

TheMove is software designed to help you share plans with your friends.

1. Scope of License

1. You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Apple-branded products that you own or control, as permitted by the App Store Terms of Service. Family Sharing and volume purchasing are permitted per Apple’s rules.
2. This license also governs updates provided by Licensor that replace, repair, or supplement the Application, unless a separate license accompanies an update.
3. You may not share, sell, rent, lend, lease, or otherwise redistribute the Application to third parties (except as permitted by Apple’s terms and with Licensor’s prior written consent).
4. You may not reverse engineer, decompile, disassemble, translate, adapt, create derivative works from, or attempt to derive the source code of the Application (except with Licensor’s prior written consent).
5. Except as expressly allowed, you may not copy or alter the Application. You may create backups only on devices you own or control. Do not remove intellectual-property notices, and prevent unauthorized third-party access to any copies.
6. Any attempt to violate these obligations may result in prosecution and damages.
7. Licensor may modify the license terms at any time. Continued use after changes indicates acceptance.
8. You must comply with applicable third-party terms and conditions when using the Application.

2. Technical Requirements

1. The Application requires iOS version 1.0.0 or higher. Licensor recommends using the latest iOS version available for your device.
2. Licensor attempts to keep the Application compatible with new iOS versions and hardware but does not guarantee updates.
3. You are responsible for confirming your device meets these requirements.
4. Licensor may modify technical specifications at any time.

3. Maintenance and Support

1. Licensor is solely responsible for maintenance and support. Contact details are provided in the App Store listing for the Application.
2. Apple has no obligation to furnish maintenance or support for the Application.

4. Use of Data

Licensor may access and adjust your Application content and personal information in accordance with your agreements with Licensor and Licensor’s privacy policy: TheMove.app/privacy.

5. User Generated Contributions

The Application may allow you to post or share content (“Contributions”). Contributions may be visible to other users and via third-party sites. You agree that Contributions may be treated as non-confidential and non-proprietary. You represent and warrant that:

1. Your Contributions do not infringe third-party rights (including copyright, patent, trademark, trade secret, or moral rights).
2. You have the necessary rights and permissions to license your Contributions as contemplated here and in the Application.
3. You have consent from identifiable individuals depicted in Contributions.
4. Your Contributions are not false, inaccurate, or misleading.
5. No unsolicited or unauthorized advertising, spam, or solicitations.
6. No obscene, lewd, violent, harassing, libelous, or otherwise objectionable content.
7. No ridicule, mockery, intimidation, or abuse of anyone.
8. No threats or promotion of violence against persons or groups.
9. No violations of applicable laws, regulations, or rules.
10. No violations of privacy or publicity rights.
11. No material soliciting personal information from minors or exploiting minors.
12. No violations of laws protecting minors (including child-sexual-abuse laws).
13. No offensive comments tied to protected characteristics (e.g., race, gender).
14. No links to material that violates these terms or applicable law.

Violations may result in suspension or termination of your rights to use the Application.

6. Contribution License

By posting or making Contributions available, you grant Licensor a worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully-paid, perpetual, and irrevocable license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), distribute, and prepare derivative works of the Contributions (including your image and voice) in any media now known or later developed, for any purpose, including commercial.

This includes the use of your name, company name, franchise name, and associated marks you provide. You waive all moral rights in your Contributions to the extent permitted by law. You retain ownership of your Contributions. You are solely responsible for your Contributions.

Licensor may, in its sole discretion, edit, re-categorize, pre-screen, or delete Contributions at any time without notice. Licensor has no obligation to monitor Contributions.

7. Liability

1. Licensor’s liability is limited to intent and gross negligence. For breaches of essential contractual duties, Licensor may be liable for slight negligence, limited to foreseeable, typical damages. These limits do not apply to injury to life, body, or health.
2. Licensor is not responsible for damages arising from your breach of Section 1. Use backup features where available. If the Application is altered or manipulated, access may be denied.

8. Warranty

1. At download, Licensor warrants the Application is free of known malware and functions as described in user documentation.
2. No warranty applies if the Application is used on unsupported devices or iOS versions, modified without authorization, combined with inappropriate hardware/ software, used with inappropriate accessories, or affected by causes outside Licensor’s control.
3. Inspect upon installation and report defects to Licensor via the email provided in Product Claims without undue delay and within ten (10) days of discovery.
4. If confirmed defective, Licensor may remedy by fixing the defect or delivering a substitute.
5. If the Application fails to conform to any applicable warranty, you may notify Apple and obtain a refund of the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligations regarding the Application.
6. If you are an entrepreneur, claims based on defects expire twelve (12) months after availability. Statutory limitation periods apply to consumers.

9. Product Claims

Licensor, not Apple, is responsible for addressing any claims by you or third parties relating to the Application or your possession and/or use of it, including: (i) product liability; (ii) failure to conform to legal or regulatory requirements; and (iii) claims under consumer protection, privacy, or similar laws (including any use of HealthKit or HomeKit).

10. Legal Compliance

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Contact Information

12. Termination

This license remains effective until terminated by Licensor or you. Your rights terminate automatically, without notice, if you fail to comply with any term of this Agreement. Upon termination, you must stop using and destroy all copies of the Application.

13. Third-Party Terms & Beneficiary

Licensor will comply with applicable third-party terms when using the Application. In accordance with Section 9 of Apple’s “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.

14. Intellectual Property Rights

In the event of a third-party claim that the Application or your possession and use of it infringes intellectual-property rights, Licensor, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claims.

15. Applicable Law

This Agreement is governed by the laws of the State of Texas, excluding its conflict-of-law rules.

16. Miscellaneous

1. If any provision is invalid, the remaining provisions remain in effect. Invalid terms will be replaced by valid terms that achieve the original purpose.
2. Collateral agreements, changes, and amendments are valid only if in writing. This clause may be waived only in a written instrument.