These Terms of Use ("Terms") constitute a legally binding agreement between you ("End-User" or "you") and Enigfy ("we," "our," or "us"), the developer and publisher of the applications we publish (each, an "App"). By downloading, installing, or using any App, you confirm that you have read, understood, and agree to these Terms.
These Terms are concluded between you and Enigfy only, and not with Apple Inc. Enigfy, not Apple, is solely responsible for each App and its content. If you do not agree to these Terms, do not download or use the App.
These Terms do not supersede Apple's Media Services Terms and Conditions, which also apply to your use of the App Store. Nothing in these Terms may conflict with Apple's Media Services Terms and Conditions.
Questions, complaints, or claims relating to any App should be directed to Enigfy, not to Apple:
Subject to your compliance with these Terms, Enigfy grants you a personal, non-exclusive, non-transferable, revocable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. This licence does not allow you to use the App on any device that you do not own or control.
Where permitted by Apple's Family Sharing feature or Apple's volume purchasing programmes, a single purchase may be accessed by other accounts associated with yours in accordance with Apple's applicable rules.
You may not distribute or make the App available over a network where it could be used by multiple devices simultaneously. You may not transfer, sublicense, or resell the App. If you sell or transfer your Apple device to a third party, you must remove the App from that device beforehand.
You may use the App for your personal, non-commercial entertainment only. You must not:
Some Apps offer optional one-time purchases to unlock additional features ("Pro Upgrade"). All purchases are processed by Apple through the App Store using your Apple ID. Enigfy does not handle, store, or have access to your payment information.
Purchases are generally final. If you believe you are entitled to a refund, you must contact Apple directly, as Apple controls all billing and refund decisions for App Store purchases. In the event that an App fails to conform to any applicable warranty, you may notify Apple at reportaproblem.apple.com and Apple may refund the purchase price. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation in respect of the App.
If you have previously purchased a Pro Upgrade and reinstall the App or install it on a new device, you can restore your purchase at no additional cost using the "Restore Purchases" function within the App.
Enigfy, not Apple, is solely responsible for providing maintenance and support services in respect of the App, to the extent required by applicable law or as described in these Terms. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to any App.
For support, please contact us at info@enigfy.com. We will endeavour to respond to support requests within a reasonable time, but we do not guarantee any particular response time or resolution.
Enigfy, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed below.
Each App is provided "as is" and "as available," without warranty of any kind. To the maximum extent permitted by applicable law, Enigfy expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Enigfy does not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. You assume all risk for your use of the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation in respect of the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Enigfy.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on consumer rights. If you are a consumer in the European Union, the United Kingdom, or Switzerland, statutory consumer rights that cannot be waived under applicable law are not affected by these Terms.
To the maximum extent permitted by applicable law, Enigfy and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or in connection with your use of or inability to use the App, even if Enigfy has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Enigfy's total liability for any claim arising from or relating to these Terms or the App is limited to the amount you paid for the App (or, if the App is free, to CHF 10).
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by applicable law.
Enigfy, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including:
All content in our Apps — including code, graphics, game logic, music, and text — is the property of Enigfy or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. These Terms do not transfer any intellectual property rights to you. You receive only the limited licence set out in section 3 above.
In the event of any third-party claim that the App or your possession and use of it infringes a third party's intellectual property rights, Enigfy, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
By using the App, you represent and warrant that:
You agree not to use the App for any purpose prohibited by applicable law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
Your use of the App is also subject to Apple's Media Services Terms and Conditions, which govern your use of the App Store and your Apple device. You must not use the App in a manner that violates those terms or any other applicable third-party terms of service.
The App uses Apple's StoreKit framework for in-app purchases, which is governed by Apple's own terms and privacy policy. No other third-party services or SDKs are used.
Our Privacy Policy, available at www.enigfy.com/privacy.html and within the App, explains how data is handled. By using the App you acknowledge the Privacy Policy, which is incorporated into these Terms by reference.
These Terms are effective until terminated. Your licence to use the App terminates automatically and without notice from Enigfy if you fail to comply with any provision of these Terms. Upon termination, you must cease all use of the App and delete all copies from your devices.
Enigfy may also terminate or suspend access to the App at any time, with or without cause, with or without notice. Sections 8, 9, 10, 11, 15, and 16 survive termination of these Terms.
These Terms are governed by the laws of Switzerland, without regard to its conflict-of-law principles. Any dispute arising from or relating to these Terms or the App that cannot be resolved amicably will be subject to the exclusive jurisdiction of the courts of Switzerland.
If you are a consumer in the European Union or the United Kingdom, you may also benefit from any mandatory provisions of the law of your country of residence. Nothing in this section deprives you of the protection afforded by those mandatory provisions.
You acknowledge and agree that Apple Inc. and Apple's subsidiaries are third-party beneficiaries of these Terms, and that 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.
We may update these Terms from time to time. When we do, we will revise the "Effective Date" at the top of this page. For material changes, we will also update the App Store listing. Continued use of the App after any changes constitutes acceptance of the updated Terms.
Questions or complaints about these Terms should be directed to Enigfy, not to Apple: