End User Licence Agreement
This agreement is between you and Lyvme and covers the Dearest Heart application itself. Your use of the service is covered by the Terms of Use, and your data by the Privacy Policy.
1. The licence
We grant you a personal, non-exclusive, non-transferable, revocable, limited licence to install and use Dearest Heart on devices you own or control, as permitted by the usage rules of the store you obtained it from. The application is licensed to you, not sold; we and our licensors keep all rights not expressly granted.
2. What the licence does not permit
- copying the application except as the licence allows, or as your local law permits notwithstanding this restriction;
- reverse-engineering, decompiling or disassembling it, except to the extent that law expressly permits despite this limitation — including your right under EU law to obtain interoperability information;
- renting, leasing, lending, selling, redistributing or sublicensing it;
- removing or obscuring any proprietary notice;
- using it to build a competing service, or to extract its data in bulk.
3. Scope
The licence covers the application and any updates we provide, unless an update comes with its own agreement. It does not cover third-party services the application talks to, which have their own terms.
4. Your data
What the application collects and sends is described in the Privacy Policy. Its content encryption means neither we nor any store operator can read what you send. You agree that we may collect and use technical data about your device to provide updates and support.
5. Termination
The licence ends when you stop using the application, when you delete your account, or if you breach this agreement. On termination you must stop using it and remove it from your devices.
6. External services
Dearest Heart can reach services we do not control — flight status, calendars, music metadata, and the stores that take payment. We do not warrant that any of them will be available, accurate or lawful in your country, and you use them at your own risk under their own terms.
7. No warranty
To the maximum extent permitted by law, the application is provided “as is” without warranty of any kind. Some jurisdictions do not allow the exclusion of implied warranties, so this may not apply to you, and nothing here affects your statutory rights as a consumer.
8. Limitation of liability
To the extent not prohibited by law, we are not liable for personal injury or any incidental, special, indirect or consequential damages arising from your use of or inability to use the application. Our total liability is limited as set out in the Terms of Use.
9. Export and government use
You may not use or export the application except as United States law and the laws of the jurisdiction in which it was obtained permit. In particular it may not be exported into any country subject to a US embargo, or to anyone on a US government list of prohibited or restricted parties. You represent that you are not in such a country and are not on such a list.
Encryption. Dearest Heart contains encryption and is subject to export control law. In some countries the use of strong encryption is regulated; it is your responsibility to comply with the law where you are.
The application is “commercial computer software” for the purposes of the US Federal Acquisition Regulation; government end users acquire only the rights set out here.
10. Terms required by the app stores
Where you obtained Dearest Heart from Apple’s App Store, you and we acknowledge that:
- this agreement is between you and us only, and not with Apple; Apple is not responsible for the application or its content;
- Apple has no obligation to furnish any maintenance or support for the application;
- if the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law Apple has no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform are our responsibility;
- we, not Apple, are responsible for addressing any claim by you or a third party relating to the application, including product liability, any failure to conform to legal or regulatory requirements, and claims under consumer protection or similar law — including under HIPAA where applicable;
- we, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the application infringes intellectual property rights;
- you must comply with the App Store Terms of Service, and Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
Where you obtained it from Google Play, the Google Play Terms of Service apply in addition, and Google is not a party to this agreement.
11. Contact
Questions about this licence: privacy@dearestheart.app. Support requests are answered at the same address; the store you bought from has no support obligation for Dearest Heart.