End-User License Agreement (EULA) for I Can Sketch
1. Acknowledgement: You, the end-user, and Vladyslav Umrykhyn, the developer of I Can Sketch, acknowledge that this agreement is entered into between you and Vladyslav Umrykhyn, whose principal place of business is at 03058, Ukraine, c. Kyiv, st. Levanevskoho, build. 33, fl. 33., and not with Apple. The developer of I Can Sketch, not Apple, is responsible for the licensed application and its content. This agreement may not contain any usage rules that conflict with the Apple Media Services Terms as of the effective date (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), which you acknowledge you have had the opportunity to review.
2. License Scope: The license granted to you for I Can Sketch is limited to a non-transferable license to use the application on Apple-branded products that you own or control, as per the Usage Rules set forth in the Apple Media Services Terms, except that such application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: The developer of I Can Sketch, Vladyslav Umrykhyn, is responsible for providing maintenance and support services in accordance with this agreement or as required by applicable law. The developer Vladyslav Umrykhyn acknowledges that Apple has no obligation to furnish any maintenance and support services with respect to I Can Sketch.
4. Warranty: Vladyslav Umrykhyn is responsible for any product warranties, whether express or implied by law. In the event of any failure of I Can Sketch to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for I Can Sketch to that user; Apple will have no other warranty obligation whatsoever with respect to I Can Sketch, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Vladyslav Umrykhyn's sole responsibility.
5. Product Claims: You and the end-user acknowledge that Vladyslav Umrykhyn, not Apple, is responsible for addressing any claims of the end-user or any third party relating to I Can Sketch or the end-user’s possession and/or use of I Can Sketch, including, but not limited to: product liability claims; any claim that I Can Sketch fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation, including in relation to I Can Sketch’s use of the HealthKit and HomeKit frameworks. Comprehensive information about the application's functionality is shown in four videos presented on the app's subscription screen, which automatically plays upon launching the app if you have not yet purchased a subscription. Vladyslav Umrykhyn is not responsible for maintaining information created using the app. Vladyslav Umrykhyn may, but is not obligated to, fix any defects in the app's operation and provide updates. The agreement may not limit Vladyslav Umrykhyn's liability to the user more than is permitted by Ukrainian law.
6. Intellectual Property: Vladyslav Umrykhyn and the user acknowledge that, in the event a third party claims that I Can Sketch or your possession and use of I Can Sketch infringes that third party's intellectual property rights, Vladyslav Umrykhyn, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Relationship: This License Agreement does not create any legal relationship between Vladyslav Umrykhyn, the user, and Apple, other than as expressly set forth in this agreement.
8. Termination: This Agreement shall remain in effect until terminated by you or Vladyslav Umrykhyn. Your rights under this license will terminate automatically without notice from Vladyslav Umrykhyn if you fail to comply with any term(s) of this agreement. Upon termination of the license, you shall cease all use of I Can Sketch and delete all copies of I Can Sketch in your possession.
9. Final Provisions: This Agreement and the use of I Can Sketch shall be governed by the laws of Ukraine. All disputes arising out of or in connection with this agreement shall be resolved in the courts of Ukraine.
10. Payment Terms for Using the App:
A subscription is required to use the app. By subscribing, you gain access to the full functionality of the "I Can Sketch" app, including advanced layer-based drawing, adding photos, and adding text via the keyboard. The subscription duration is 1 year at a price of $9.99 annually.
Free Trial Period: Upon first subscribing, you automatically receive 3 days of free app use. If you cancel the subscription during this free trial period, no charges for the subscription will be made to your account.
Payment will be charged to your iTunes account upon confirmation of purchase. The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. The renewal charge will be made to your account within 24 hours before the end of the current period, with the cost of the renewal clearly indicated. You can manage your subscriptions and turn off auto-renewal by going to your account settings after purchase. Note: Any unused portion of a free trial period, if offered, will be forfeited when purchasing a subscription. To avoid automatic renewal, be sure to deactivate it at least 24 hours before the end of your current subscription period.