End User
License Agreement
This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (the "User") and KG Creative DOO ("KG Creative", "we", "us", or "our"), a company registered in Montenegro at UL. Hercegovacka br. 80, Podgorica 81000, governing your use of any software application, including iOS applications and related services, developed and distributed by KG Creative (the "Software").
By downloading, installing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA. If you do not agree, do not download, install, or use the Software.
1. Grant of License
Subject to your compliance with this EULA, KG Creative grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Software on devices that you own or control, solely for your personal, non-commercial use, unless a separate commercial license has been granted to you in writing.
2. Restrictions
You may not, and you may not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works based on the Software;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent such activity is expressly permitted by applicable law;
- Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer rights in the Software;
- Remove or alter any proprietary notices, labels, or marks on the Software;
- Use the Software to develop a competing product or service;
- Use the Software in any manner that violates applicable laws or the rights of any third party;
- Interfere with or disrupt the integrity or performance of the Software or the servers or networks that host it.
3. Ownership
The Software is licensed, not sold. KG Creative and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein. No rights are granted to you other than those expressly set forth in this EULA.
4. Updates
KG Creative may from time to time provide updates, upgrades, or new versions of the Software. Such updates may be automatically downloaded and installed, and may be subject to additional terms. You agree that this EULA applies to any such updates unless they are accompanied by a separate license agreement.
5. Third-Party Services and Content
The Software may interoperate with or contain links to third-party services, content, or software, including operating systems, cloud services, and artificial intelligence model providers. KG Creative does not control and is not responsible for such third-party components, and your use of them may be subject to separate terms and privacy policies. You are responsible for reviewing and complying with any such terms.
6. User Content and Data
If the Software allows you to submit or generate content ("User Content"), you retain ownership of your User Content. You grant KG Creative a limited license to host, process, and transmit your User Content solely to the extent necessary to provide the Software's functionality. You are solely responsible for the legality and appropriateness of your User Content.
7. Apple-Specific Terms (iOS Applications)
If you obtained the Software from the Apple App Store, the following additional terms apply:
- This EULA is concluded between you and KG Creative only, and not with Apple Inc. ("Apple"). KG Creative, and not Apple, is solely responsible for the Software and its content.
- The license granted is limited to a non-transferable license to use the Software on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide any maintenance or support services with respect to the Software.
- In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software.
- KG Creative, not Apple, is responsible for addressing any claims by you or any third party relating to the Software, including product liability claims, claims that the Software fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, KG Creative (not Apple) will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
- You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of this EULA, 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 thereof.
8. Disclaimer of Warranties
The Software is provided "as is" and "as available", with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, KG Creative disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. KG Creative does not warrant that the Software will meet your requirements, operate without interruption, or be error-free.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall KG Creative be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of or inability to use the Software, even if KG Creative has been advised of the possibility of such damages. KG Creative's total aggregate liability under this EULA shall not exceed the amount you paid for the Software, or, if the Software was provided free of charge, ten (10) euros.
10. Termination
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from KG Creative if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software. Sections that by their nature should survive termination will survive.
11. Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations. You shall not use, export, or re-export the Software in violation of any such laws.
12. Governing Law
This EULA is governed by the laws of Montenegro, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the competent courts of Podgorica, Montenegro.
13. Changes to This EULA
KG Creative reserves the right to modify this EULA at any time. We will notify you of material changes by posting the updated version on our website or through the Software. Your continued use of the Software following such notice constitutes your acceptance of the revised EULA.
14. Contact
If you have any questions about this EULA, please contact us:
KG Creative DOO
UL. Hercegovacka br. 80
Podgorica 81000, Montenegro
Email: test@email.com