Terms of Use

Last updated: December 9, 2024

These Terms of Use ("Terms") govern your use of the WowBoards mobile application ("App") for iOS, iPadOS, and Mac Catalyst. By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using WowBoards, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the App.

2. License to Use

2.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on devices you own or control.

2.2 Restrictions

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer, decompile, or attempt to extract source code
• Remove or alter any proprietary notices or labels
• Use the App for any unlawful purpose
• Interfere with or disrupt the App's functionality
• Use automated tools to access the App

3. User Content

3.1 Your Content

You retain all ownership rights to the content you create, import, or store in WowBoards ("Your Content"). This includes:

• Documents, boards, and notes
• Sketches, annotations, and drawings
• Imported images, PDFs, and files
• Comments and collaborative content

3.2 Content Responsibility

You are solely responsible for Your Content and the consequences of creating, importing, or sharing it. You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any laws or third-party rights
• Your Content does not contain malware, viruses, or harmful code

3.3 Content Storage

Your Content is stored locally on your device and optionally in your personal iCloud Drive. We do not access, monitor, or control Your Content. You are responsible for maintaining backups of Your Content.

4. Subscriptions and Payments

4.1 WowBoards Pro

WowBoards offers an optional auto-renewable subscription ("Pro") that provides access to premium features:

• Subscription Name: WowBoards Pro
• Duration: Monthly or Annual subscription options
• Price: As displayed in the App Store at time of purchase (varies by region)
• Free Trial: May be offered to eligible new subscribers

4.2 Billing and Renewal

• Payment is charged to your Apple ID at confirmation of purchase
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• The renewal cost will be the same as the original subscription price unless you are notified otherwise

4.3 Managing Subscriptions

• Manage subscriptions and turn off auto-renewal in iOS Settings > [Your Name] > Subscriptions
• Cancellation takes effect at the end of the current billing period
• No refunds for unused portions of a subscription period

4.4 Free Trial Terms

If a free trial is offered:

• Free trial duration will be clearly stated at time of subscription
• You may cancel before the trial ends to avoid charges
• If you don't cancel, you'll be charged at the end of the trial
• Free trials are typically available once per user

4.5 Refunds

All purchases are processed through Apple's App Store. Refund requests must be made through Apple according to their refund policies. We do not control or process refunds directly.

5. Intellectual Property

5.1 App Ownership

The App, including all code, design, graphics, text, and functionality, is owned by Stefan Godoroja and protected by copyright, trademark, and other intellectual property laws.

5.2 Trademarks

"WowBoards" and associated logos are trademarks. You may not use these marks without our prior written permission.

6. Privacy and Data

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Third-Party Services

7.1 Apple Services

The App uses Apple services including iCloud Drive and StoreKit. Your use of these services is subject to Apple's Terms of Service and Privacy Policy.

7.2 RevenueCat

Subscription management is facilitated by RevenueCat. Use of RevenueCat services is subject to their terms and privacy policy.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will meet your requirements or expectations
• The App will be uninterrupted, secure, or error-free
• The results obtained from using the App will be accurate or reliable
• Any defects in the App will be corrected

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRIOR TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Stefan Godoroja and the App from any claims, liabilities, damages, losses, and expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

11. Termination

11.1 By You

You may stop using the App at any time by deleting it from your device. Cancel any active subscriptions through iOS Settings.

11.2 By Us

We may suspend or terminate your access to the App at any time if you violate these Terms or for any other reason at our sole discretion.

11.3 Effect of Termination

Upon termination:

• Your license to use the App ends immediately
• You must delete the App from all devices
• Subscriptions will cease at the end of the billing period
• Your Content remains on your device and iCloud (if enabled)

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Updating the "Last Updated" date
• Posting notice in the App
• Other reasonable means

Your continued use of the App after changes constitutes acceptance of the updated Terms.

13. Geographic Restrictions

The App is available worldwide through the Apple App Store, subject to App Store availability in your region. We make no representation that the App is appropriate or available for use in all locations.

14. Export Control

You agree to comply with all export and import laws and restrictions applicable to the App and your use of it.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of your country of residence, without regard to conflict of law provisions.

15.2 Dispute Resolution

Before filing a claim, you agree to try to resolve disputes by contacting us at company@babaheights.com.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

18. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

19. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

20. Apple-Specific Terms

Because the App is distributed via the Apple App Store, you acknowledge that:

• These Terms are between you and us, not Apple
• Apple has no obligation to provide maintenance or support
• Apple is not responsible for any product liability claims
• Apple is not responsible for addressing any claims relating to intellectual property infringement
• Apple and its subsidiaries are third-party beneficiaries of these Terms
• You must comply with all applicable third-party terms when using the App

Contact Us

If you have questions about these Terms:

Email: company@babaheights.com

Support: https://babaheights.com/wowboards/support.html

By using WowBoards, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.