End User Licence Agreement

This End User Licence Agreement (“EULA”) is between you and Friday Technologies Pty Ltd (ABN 94 527 711 494) (“Friday Technologies”, “we”, “us” or “our”). It applies to every app we publish under our own name, along with its updates, content and in-app purchases (each an “App”).

By downloading, installing or using an App, you agree to this EULA. If you do not agree, do not use the App. Our Privacy Policy explains how we handle personal information.

This EULA is between you and Friday Technologies only, not Apple Inc. or any other app store (“Store”). We, not the Store, are solely responsible for the App and its content.

We grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial purposes on devices that you own or control, as permitted by the usage rules in the Store’s terms of service (for Apple, the Apple Media Services Terms and Conditions), including Family Sharing where the App supports it.

The App is licensed, not sold. We and our licensors keep all rights, title and interest in the App, including all intellectual property rights, except for the limited licence granted to you here.

Except as permitted by law or this EULA, you must not:

• copy, modify, translate or create derivative works of the App;
• reverse engineer, decompile or disassemble the App, or try to obtain its source code;
• rent, lease, lend, sell, sublicense or otherwise distribute the App;
• remove or alter any proprietary notices in the App;
• use the App to break any law or to infringe anyone else’s rights; or
• interfere with or circumvent any security or purchase-verification feature of the App.

Paid Apps and in-app purchases are sold and billed by the Store under its terms. Refund requests are handled by the Store; for Apple, visit reportaproblem.apple.com. Nothing in this EULA limits your rights under the Australian Consumer Law.

We may release updates that add, change or remove features. Some updates may be needed to keep using the App. We may stop offering or supporting an App at any time, but this will not affect content you have already paid for while the App remains on your device, unless the law requires otherwise.

We are solely responsible for providing any maintenance and support for the App, as described in this EULA or as required by law. Contact us at [email protected]. You and we agree that the Store has no obligation to provide maintenance or support for the App.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Apart from those guarantees and any other rights that cannot be excluded by law, the App is provided “as is” and “as available”, and we make no other warranties, express or implied.

If the App fails to conform to any applicable warranty, you may notify the Store, and the Store will refund the purchase price (if any) for the App. To the maximum extent permitted by law, the Store will have no other warranty obligation in relation to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, subject to this EULA.

To the extent permitted by law, we are not liable for any indirect or consequential loss, or for any loss of data, profit or revenue, arising from your use of or inability to use the App.

Where our liability for failing to comply with a consumer guarantee can be limited, our liability is limited (at our option) to supplying the services again, or paying the cost of having them supplied again, or to replacing or repairing the goods, or paying the cost of doing so.

We, not the Store, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.

If a third party claims that the App or your possession and use of it infringes their intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

You represent and warrant that you are not located in a country subject to a United States Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties. You must also comply with any Australian sanctions laws that apply to you.

You must comply with any applicable third-party terms when using the App, such as your wireless data service agreement.

You and we acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this EULA, and that, once you accept it, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

This EULA applies until terminated by you or us. You can end it at any time by deleting the App. It ends automatically if you fail to comply with it. When it ends, you must stop using the App and delete all copies of it.

This EULA is governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. If you are a consumer living elsewhere, this does not take away any protections you have under the laws of the place where you live.

Questions, complaints or claims about an App can be sent to [email protected] or to Friday Technologies Pty Ltd, 101 Moray Street, South Melbourne VIC 3205, Australia.