IMPORTANT: Please read this End User License Agreement ("EULA") carefully before downloading, installing, or using the Pure Bite mobile application ("App"). This EULA is a legal agreement between you (either an individual or a single entity) and Alexander Ryakhin ("Licensor," "we," "us," or "our") for the App software.
By downloading, installing, copying, or otherwise using the App, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the App.
1. Grant of License
Subject to the terms and conditions of this EULA, Alexander Ryakhin hereby grants you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the App on your personal iOS device(s)
- Use the App for your personal, non-commercial purposes
- Access and use the features and functionality provided by the App
This license is granted solely for your personal use and does not include any right to sublicense, distribute, or otherwise transfer the App to any third party.
2. License Restrictions
You may NOT:
- Copy, modify, adapt, alter, translate, or create derivative works of the App
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
- Remove, alter, or obscure any proprietary notices, labels, or marks on the App
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App to any third party
- Use the App for any commercial purpose or in any way that violates any applicable law or regulation
- Use the App to transmit any malicious code, viruses, or harmful data
- Interfere with or disrupt the App or servers connected to the App
- Use any automated system to access the App
- Impersonate or attempt to impersonate another user or entity
Any unauthorized use of the App terminates the license granted in this EULA.
3. Ownership
The App, including all intellectual property rights therein, is and remains the property of Alexander Ryakhin and is protected by copyright, trademark, and other intellectual property laws. This EULA does not grant you any ownership rights in the App.
All rights, title, and interest in and to the App, including all copyrights, trademarks, trade secrets, patents, and other intellectual property rights, remain with Alexander Ryakhin.
4. Third-Party Content and Services
The App may include or provide access to content, services, or data provided by third parties, including but not limited to:
- Recipe Data: Provided by Spoonacular API and subject to Spoonacular's terms and conditions
- Analytics Services: Provided by Firebase (Google) and subject to Google's terms and conditions
- Distribution Platform: Provided by Apple App Store and subject to Apple's terms and conditions
You acknowledge that:
- Third-party content and services are provided "as is" and may be subject to separate terms and conditions
- We are not responsible for the accuracy, completeness, or availability of third-party content
- Your use of third-party content and services is at your own risk
5. Updates and Modifications
We may, from time to time, provide updates, upgrades, or modifications to the App. Updates may include bug fixes, new features, or changes to existing functionality. You agree to install updates to continue using the App effectively.
We reserve the right to:
- Modify, suspend, or discontinue the App or any part thereof at any time
- Change, update, or remove features without prior notice
- Require you to update to the latest version to continue using the App
Updates may be subject to additional terms and conditions, which will be presented to you at the time of the update.
6. No Warranty
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS
- UNINTERRUPTED OR ERROR-FREE OPERATION
We do not warrant that the App will meet your requirements, operate without interruption, be error-free, or be secure.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALEXANDER RYAKHIN, HIS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, use, goodwill, or other intangible losses
- Damages resulting from your use or inability to use the App
- Damages resulting from any conduct or content of third parties
- Damages resulting from unauthorized access to or use of your device or data
- Damages resulting from any harm or injury from using recipes from the App
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE APP, OR $10.00, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION of INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Indemnification
You agree to defend, indemnify, and hold harmless Alexander Ryakhin and his affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
- Your use of the App
- Your violation of this EULA
- Your violation of any third-party right, including without limitation any intellectual property right or privacy right
- Any harm or injury resulting from your use of recipes from the App
9. Termination
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term of this EULA.
We may terminate this EULA at any time for any reason, including but not limited to:
- Your violation of this EULA
- Discontinuation of the App
- Legal or regulatory requirements
Upon termination:
- Your right to use the App will immediately cease
- You must uninstall and delete all copies of the App from your device(s)
- All locally stored data may be deleted
Sections 2, 3, 6, 7, 8, 10, 11, and 12 shall survive termination of this EULA.
10. Export Restrictions
You acknowledge that the App may be subject to export restrictions. You agree to comply with all applicable international and national laws that apply to the App, including the Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
11. Governing Law and Dispute Resolution
This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Alexander Ryakhin operates, without regard to its conflict of law provisions.
Any disputes arising out of or relating to this EULA or the App shall be resolved through:
- Good faith negotiation between the parties
- If negotiation fails, binding arbitration in accordance with applicable arbitration rules
- If arbitration is not available, in the appropriate courts of the applicable jurisdiction
12. Severability
If any provision of this EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. Entire Agreement
This EULA, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Alexander Ryakhin regarding the App and supersedes all prior agreements and understandings, whether written or oral.
14. Waiver
No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.
15. Assignment
You may not assign or transfer this EULA or any rights or obligations hereunder without our prior written consent. We may assign this EULA or any rights or obligations hereunder to any third party without your consent.
16. Contact Information
If you have any questions about this EULA, please contact us at xander1100001@gmail.com.
17. Acknowledgment
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE APP.