End-User License Agreement (EULA)

This End-User License Agreement ("EULA") is a legal agreement between you ("User") and ET IT Tobiasz Sikora ("Licensor", "we", "us", "our"). This EULA governs your use of the UV Butterfly mobile application ("Licensed Application") on any Apple-branded products that you own or control.

By downloading, installing, accessing, or using the Licensed Application, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are of legal age to enter into a binding agreement; and (c) accept this EULA and agree that you are legally bound by its terms. If you do not agree to these terms, do not download, install, access, or use the Licensed Application.

1. Scope of License

1. 1.1. The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Licensed Application for your personal, non-commercial purposes on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
2. 1.2. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy, decompile, 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 any foregoing restriction is prohibited by applicable law).

2. Medical and Health Disclaimer

1. 2.1. Nature of the Service. The Licensed Application is designed for informational and educational purposes only. It provides general information and recommendations on protection against ultraviolet (UV) radiation based on user-provided inputs, including self-identified skin type using the Fitzpatrick Scale and local UV index data.
2. 2.2. Not a Medical Device. THE LICENSED APPLICATION IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE CONTENT WITHIN THE APPLICATION DOES NOT CONSTITUTE MEDICAL ADVICE AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE LICENSOR IS NOT A LICENSED HEALTHCARE PROFESSIONAL OR MEDICAL ENTITY.
3. 2.3. No Doctor-Patient Relationship. Use of the Licensed Application does not create a doctor-patient relationship. You must not disregard or delay seeking professional medical advice from a qualified healthcare provider, such as a dermatologist, because of something you have read or interpreted within the Application.
4. 2.4. Self-Assessment. The skin type classification is a self-assessment tool. You are solely responsible for selecting the description that best fits your personal experience. The Licensor is not responsible for the accuracy of your self-assessment.

3. User Responsibilities and Assumption of Risk

1. 3.1. Sole Responsibility. You explicitly acknowledge and agree that you are solely responsible for your own health, safety, and sun protection decisions. Any reliance on the information provided by the Licensed Application is at your own risk. The Licensor shall not be held liable for any health-related outcomes, including but not limited to sunburn, skin damage, or skin cancer, resulting from activities undertaken based on the Application's information.
2. 3.2. Accuracy of Data. You are responsible for the accuracy of the information you provide to the Application.

4. Maintenance and Support

1. 4.1. The Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law.
2. 4.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. Warranty Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ALL ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ET IT TOBIASZ SIKORA, ITS EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, SUNBURN, SKIN DAMAGE, LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

1. (A) YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION;
2. (B) ANY RELIANCE ON THE INFORMATION PROVIDED BY THE LICENSED APPLICATION;
3. (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.

7. Acknowledgement Regarding Apple

You acknowledge that this EULA is concluded between you and the Licensor only, and not with Apple Inc. ("Apple"). The Licensor, not Apple, is solely responsible for the Licensed Application and its content.

8. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application, such as your mobile carrier's data service agreement.

9. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the Republic of Poland, excluding its conflict of law provisions. Any disputes shall be submitted to the competent courts of the Republic of Poland.

11. Changes to this EULA

We reserve the right to modify this EULA at any time. We will notify users of material changes by updating the "Last Updated" date and/or through an in-app notification. Your continued use of the Licensed Application after such modifications constitutes your acceptance of the revised EULA.

12. Contact Information