Terms of Use
These Terms of Use ("Terms") are an agreement between you and HD Software ("we", "us", "our") and govern your use of every mobile application we publish, together with related content, features and services (each an "App", together the "Services"). By downloading, installing or using an App, you agree to these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be old enough to form a binding contract in your country, or have permission from a parent or legal guardian who agrees to these Terms on your behalf. Apps in the App Store Kids Category are intended to be set up and supervised by a parent or guardian.
2. License
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use each App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (including Family Sharing where enabled). You may not:
- copy, modify, translate, reverse engineer, decompile or create derivative works of an App, except as permitted by law;
- rent, lease, sell, sublicense or distribute an App or its content;
- remove proprietary notices, or circumvent security, usage limits or paywalls;
- scrape, download in bulk or re-host content delivered by the Services (such as videos, images, catalogs).
3. Purchases and subscriptions
If an App offers in-app purchases or subscriptions:
- Payment is charged to your Apple ID account (or the relevant store account) at confirmation of purchase. We never receive your card details.
- Auto-renewal: subscriptions renew automatically at the end of each period at the then-current price unless auto-renew is turned off at least 24 hours before the period ends. Your account is charged for renewal within 24 hours before the end of the current period.
- Free trials and introductory offers: any unused portion of a free trial is forfeited when you purchase a subscription. If you do not cancel before the trial ends, the paid subscription starts automatically.
- Managing and cancelling: manage or cancel in your device Settings > [your name] > Subscriptions. Cancellation takes effect at the end of the current billing period.
- Refunds are handled by Apple under its policies (reportaproblem.apple.com); we cannot issue refunds directly. Mandatory consumer rights in your country are not affected.
- Restore: use "Restore Purchases" in the App to recover purchases on a new device with the same Apple ID.
- Changes: we may change features included in a plan or prices for future periods; you will be notified as required by Apple and by law.
4. Accounts
If an App offers an account, you are responsible for keeping your credentials secure and for activity under your account. Provide accurate information and keep it up to date. You can delete your account in the App at any time.
5. Acceptable use
You agree not to use the Services to:
- break any law or infringe anyone's rights, including privacy and intellectual property;
- upload or generate content that is illegal, harmful, hateful, harassing, sexually explicit involving minors, or that promotes violence or self-harm;
- impersonate others, spread malware, spam, or interfere with the Services, servers or networks;
- access the Services by automated means, or attempt to gain unauthorized access;
- use the Services to build a competing product or to train machine-learning models without our written permission.
6. Your content
You keep ownership of content you create or submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process and display Your Content only as needed to operate and provide the Services to you. You are responsible for Your Content and confirm you have the rights to it. Where an App lets users share content publicly, we may remove content that violates these Terms and provide a way to report objectionable content and block abusive users.
7. AI features
If an App offers AI-generated output (text, images, audio, suggestions or analysis):
- Output is generated automatically, may be inaccurate, incomplete or similar to output given to others, and does not reflect our views.
- Review output before relying on it. Do not rely on it for medical, legal, financial or safety decisions.
- Subject to applicable law and third-party rights, you may use output you generate for personal purposes. You are responsible for how you use it.
- Do not use AI features to create deceptive content about real people, or content that violates Section 5.
8. Health and fitness
If an App provides exercise, nutrition, health, wellness or tracking features:
- The App is for general information and fitness purposes only. It is not a medical device and does not provide medical advice, diagnosis or treatment.
- Consult a qualified physician before starting any exercise or diet program, especially if you are pregnant, have a medical condition, injury or take medication.
- Stop exercising immediately and seek medical help if you feel pain, dizziness, shortness of breath or discomfort.
- Calories, steps, BMI and other metrics are estimates and may not be accurate.
- You exercise voluntarily and at your own risk. To the extent permitted by law, we are not responsible for any injury or health problem resulting from use of the App.
9. Third-party services and advertising
Apps may include or link to third-party services, content, SDKs and advertisements (such as Apple Health, Google services, ad networks or casting devices). We do not control them and are not responsible for their content, availability or practices. Your use of them may be subject to their own terms. Ads may appear in free versions of our Apps.
10. Intellectual property
The Apps and Services, including software, design, text, graphics, videos, sounds, trademarks and logos, are owned by HD Software or our licensors and are protected by intellectual property laws. Except for the license in Section 2, no rights are granted to you. If you send us feedback, we may use it without obligation to you. If you believe content in an App infringes your rights, contact us at support@hdsoftware.app.
11. Disclaimers
To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or that content will always be available.
Some countries do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
12. Limitation of liability
To the maximum extent permitted by law, HD Software will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, profits, revenue or goodwill, arising from or related to your use of, or inability to use, the Services. Our total liability for any claim will not exceed the greater of the amount you paid us for the relevant App in the 12 months before the claim, or USD 50.
Nothing in these Terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, fraud, or your mandatory rights as a consumer.
13. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless HD Software from claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Services, Your Content, or your violation of these Terms or of any law or third-party right.
14. Termination
You may stop using an App at any time by deleting it. We may suspend or end your access if you violate these Terms or if we discontinue an App or feature. Sections that by their nature should survive (such as intellectual property, disclaimers, limitation of liability and governing law) survive termination. Active subscriptions are governed by Section 3 and Apple's policies.
15. Apple App Store terms
For Apps downloaded from the Apple App Store, you and we acknowledge that:
- These Terms are between you and HD Software only, not with Apple Inc. ("Apple"). HD Software, not Apple, is solely responsible for the App and its content.
- Your license is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the App. Support is provided by HD Software at support@hdsoftware.app.
- If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App; any other claims, losses or expenses due to a failure to conform to a warranty are HD Software's responsibility, to the extent not disclaimed in these Terms.
- HD Software, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- If a third party claims the App or your use of it infringes their intellectual property rights, HD Software, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the App (for example, your wireless data service agreement).
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce these Terms against you as a third-party beneficiary.
If anything in these Terms conflicts with Apple's Licensed Application End User License Agreement on a point Apple requires, Apple's terms prevail for that point.
16. Governing law and disputes
These Terms apply worldwide. They are governed by the laws applicable where HD Software is established, without regard to conflict-of-law rules. However, if you are a consumer, you keep the protection of the mandatory laws of your country of residence, and you may bring claims in the courts of your country where the law allows it. Before filing a claim, please contact us at support@hdsoftware.app so we can try to resolve the issue informally within 30 days. If any provision of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
17. Changes to these Terms
We may update these Terms from time to time. We will change the "Last updated" date above and, for material changes, notify you in the App or by other appropriate means. Continued use after an update means you accept the updated Terms.
18. Contact
HD Software
Email: support@hdsoftware.app
Website: hdsoftware.app