Terms of Service
Last Updated: January 8, 2025
Licensed Application End User License Agreement
Applications made available through the Apple App Store by HWY Enigma LLC are licensed, not sold, to you. Your license to each Application is subject to your prior acceptance of this Licensed Application End User License Agreement ("Agreement"). This Agreement is between you and HWY Enigma LLC ("Company," "we," "us," or "our").
By downloading, installing, or using any application developed by HWY Enigma LLC (each, a "Licensed Application"), you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Licensed Application.
Important: Please read this Agreement carefully before downloading or using any Licensed Application. This is a legally binding agreement.
1. Scope of License
1.1 Grant of License
HWY Enigma LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Apple App Store Usage Rules set forth in the Apple Media Services Terms and Conditions.
1.2 Scope Limitations
The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by us that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license agreement.
1.3 Restrictions
Except as provided in the Apple App Store Usage Rules, you may not:
- Distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time;
- Transfer, redistribute, or sublicense the Licensed Application;
- Copy the Licensed Application (except as permitted by this license and the Usage Rules);
- Reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application);
- Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Licensed Application;
- Use the Licensed Application for any unlawful purpose or in violation of any applicable laws or regulations.
1.4 Device Transfer
If you sell or transfer your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so.
2. Consent to Use of Data
You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application.
We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. For detailed information about what data we collect and how we use it, please review the Privacy Policy specific to each Licensed Application.
3. Subscription Terms
3.1 In-App Purchases and Subscriptions
Some Licensed Applications offer in-app purchases or subscription services. By purchasing a subscription, you agree to the following:
- Payment will be charged to your Apple ID account at confirmation of purchase;
- Subscriptions automatically renew unless auto-renew is turned off 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;
- You can manage and cancel your subscriptions by going to your account settings in the App Store after purchase.
3.2 Free Trial
If a free trial is offered, any unused portion of the free trial period will be forfeited when you purchase a subscription.
4. Termination
This Agreement is effective until terminated by you or by us. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Licensed Application or any service to which it connects, with or without notice and without liability to you.
5. External Services
The Licensed Application may enable access to third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.
Data displayed by any Licensed Application or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by us or our agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of us or any third party.
You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and we are not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
6. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HWY ENIGMA LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
No oral or written information or advice given by HWY Enigma LLC or its authorized representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HWY ENIGMA LLC BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF HWY ENIGMA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
In no event shall HWY Enigma LLC's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Intellectual Property
The Licensed Application, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) is owned by HWY Enigma LLC, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement does not grant you any rights to use our trademarks, service marks, logos, or trade names.
9. Export Compliance
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported:
- Into any U.S.-embargoed countries; or
- To anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
10. U.S. Government End Users
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
11. Governing Law and Dispute Resolution
11.1 Governing Law
This Agreement and the relationship between you and HWY Enigma LLC shall be governed by the laws of the State of North Carolina, United States, without regard to its conflict of law provisions.
11.2 Dispute Resolution
Any dispute arising from or relating to this Agreement shall first be attempted to be resolved through good-faith negotiation. If such negotiation fails, you and HWY Enigma LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of North Carolina to resolve any dispute or claim arising from this Agreement.
11.3 International Users
If you are a citizen of any European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
11.4 Excluded Laws
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
12. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the relevant provision shall be severed, and the remaining provisions of this Agreement shall continue in full force and effect.
13. Waiver
No waiver of any term or condition of this Agreement 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 Agreement shall not constitute a waiver of such right or provision.
14. Entire Agreement
This Agreement, together with any applicable Privacy Policy and any other legal notices published by us on the Licensed Application, constitutes the entire agreement between you and HWY Enigma LLC with respect to the Licensed Application and supersedes all prior or contemporaneous understandings regarding such subject matter.
15. Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Licensed Application after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Licensed Application.
16. Contact Information
If you have any questions about this Agreement, please contact us:
HWY Enigma LLC
Email: support@hwyenigma.com
Website: www.hwyenigma.com
17. Acknowledgment
By downloading, installing, or using the Licensed Application, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the agreement between you and HWY Enigma LLC, superseding any proposal or prior agreement, oral or written, and any other communications between you and HWY Enigma LLC relating to the subject matter of this Agreement.