End User License Agreement (EULA) and Subscription Terms

This End User License Agreement (“Agreement”) is between you and Transcend Technologies, Inc. (“Licensor”, “we”) for the SwipeAchieve application and its content and updates (“Licensed Application”). It is a custom agreement written by Licensor: it is not Apple's standard EULA, and it is consistent with the minimum terms Apple requires. Sections 1 to 10 contain the licence terms, section 11 the subscription terms (SwipeAchieve Pro), and section 12 the terms for Android. Our Terms of Use and Privacy Policy also apply; if they conflict with this Agreement on the licence or subscriptions, this Agreement prevails.

1. Acknowledgement

You and Licensor acknowledge that this Agreement is concluded between you and Licensor only, and not with Apple Inc. (“Apple”), and that Licensor, not Apple, is solely responsible for the Licensed Application and its content. This Agreement does not provide usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions, which you acknowledge you have had the opportunity to review. On Android, this Agreement is between you and Licensor only, and not with Google LLC (“Google”).

2. Scope of licence

Licensor grants you a limited, non-transferable, non-exclusive, revocable licence to use the Licensed Application on Apple-branded products (or, on Android, devices) that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (or the Google Play Terms of Service). You may not copy, modify, decompile, reverse engineer, rent, lease, lend, sell, sublicense or distribute the Licensed Application, or try to circumvent its limits or paywall, except as permitted by law or those rules.

3. Maintenance and support

Licensor is solely responsible for providing any maintenance and support services for the Licensed Application. Contact info@isocialize.me or see the Support page. You and Licensor acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty

Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor's sole responsibility. Otherwise the Licensed Application is provided “as is” as set out in the Terms of Use.

5. Product claims

You and Licensor acknowledge that Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of it, including: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

6. Intellectual property rights

You and Licensor acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of the claim.

7. Legal compliance, export and embargo

You represent and warrant that (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (b) you are not listed on any US Government list of prohibited or restricted parties. You must also comply with applicable export and sanctions laws.

8. US Government end users

The Licensed Application and related documentation are “Commercial Items” as defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, US Government end users acquire these only with the rights set out in this Agreement.

9. Third-party terms

You must comply with applicable third-party terms when using the Licensed Application, including the terms of your mail provider for the account you connect, and the terms of Apple (Apple Media Services Terms and Conditions) or Google (Google Play Terms of Service) for purchases and downloads.

10. Third-party beneficiary; governing law

You and Licensor acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of its terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

This Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, and disputes will be brought in the state and federal courts located in Delaware, except that nothing here removes mandatory consumer-protection rights you have under the law of the country where you live, including any right to bring a claim in your local courts.

Licensor is not liable for items you choose to delete with the Licensed Application; see the Terms of Use for how deletion works (photos and videos through the system confirmation, recoverable for 30 days in Recently Deleted on iPhone; email moved to your provider's Trash) and for the limitation of liability, which apply to this Agreement.

11. Auto-renewing subscription terms (SwipeAchieve Pro, iPhone)

• Subscription title and content: SwipeAchieve Pro gives you unlimited daily swipes and the Pro features shown on the paywall, such as Smart sort (biggest or oldest email first) and Sender Sweep (clear all email from one sender at once). The free tier includes 25 swipes per day.
• Plans, length and price: SwipeAchieve Pro Weekly, 1 week, $2.99 per week; and SwipeAchieve Pro Annual, 1 year, $29.99 per year. These are US prices; the price in your local currency is shown in the app before you buy and may differ by country and tax.
• 3-day free trial: Eligible new subscribers get a 3-day free trial on either plan. When the trial ends, you are charged the plan price (weekly $2.99 or annual $29.99) unless you cancel at least 24 hours before the end of the trial. Any unused portion of a free trial period is forfeited when you purchase a subscription. A free trial can be used once per subscription group (per Apple ID).
• Payment: Payment is charged to your Apple ID account at confirmation of purchase, or at the end of the free trial.
• Auto-renewal: The subscription automatically renews for the same length and price unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours before the end of the current period.
• Manage or cancel: You can manage and cancel your subscription at any time in Settings > [your name] > Subscriptions on your iPhone (also described in the app as Settings > Apple ID > Subscriptions), choosing SwipeAchieve. Cancel at least 24 hours before the end of the trial or current period to avoid the next charge. You keep Pro until the end of the period you have paid for. Deleting the app does not cancel your subscription.
• Refunds: Purchases are made through Apple, so we cannot issue refunds ourselves. Refund requests are handled by Apple at reportaproblem.apple.com under Apple's policies. We do not refund the unused part of a period when you cancel, except as required by law or granted by Apple.
• Restore purchases: If you reinstall the app or use a new device, tap Restore Purchases on the paywall or in Settings to get Pro back on the same Apple ID.
• Price changes: If the price changes, Apple notifies you and, where required, asks for your consent before the new price applies; if you do not consent, the subscription ends at the end of the current period.
• Links: See also our Terms of Use and Privacy Policy.

12. Android and Google Play

• On Android, subscriptions are sold and billed by Google Play, and the same plans, prices (SwipeAchieve Pro Weekly $2.99 per week; SwipeAchieve Pro Annual $29.99 per year, US prices), 3-day free trial for eligible new subscribers, auto-renewal and cancellation timing apply. Payment is charged to your Google Play payment method at confirmation of purchase or at the end of the free trial, and the subscription renews automatically unless you cancel before the end of the trial or current period. (The 24-hour cancellation deadline in section 11 is Apple's rule and applies only on iPhone.)
• Manage or cancel: Google Play > Payments & subscriptions > Subscriptions > SwipeAchieve, or at play.google.com/store/account/subscriptions. Deleting the app does not cancel your subscription.
• Refunds: Handled by Google Play under its refund policy; we cannot issue them ourselves except as required by law.
• Restore: Use Restore in the app (or reinstall while signed in to the same Google account) to get Pro back.
• Access code: On Android, an access code entered in Settings can unlock Pro without a purchase for reviewers and people to whom we have given a code. We may withdraw a code or an unlock at any time.
• Sections 2, 7, 8, 9 and 13 apply to Android. The Apple-specific statements in sections 1, 3, 4, 5, 6 and 10 apply only to the iPhone app. Google is not a party to, and not a beneficiary of, this Agreement, and has no obligations under it.

13. Termination and changes

This Agreement applies until it is terminated. Your rights under it end automatically if you breach it, and you may end it at any time by deleting the Licensed Application. We may update this Agreement by posting a new version here. For material changes that affect your subscription, we will give notice in the app and you may cancel before they apply; continued use after the change means you accept it.

14. Contact

Transcend Technologies, Inc., 300 Delaware Ave, Suite 210 #426, Wilmington, DE 19801, USA. info@isocialize.me.