End-User Licence Agreement
This End-User Licence Agreement (“EULA”) is a contract between you (an individual or a business you represent) and TOOL CREATIVE LTD, registered at 327 Tollgate Road, London, E6 5YF, England (“we”, “us”). It governs your use of the RucheyProxy application for iOS, iPadOS, macOS, tvOS (the “Licensed Application”) and any updates we provide.
By installing, downloading, or using the Licensed Application, you accept this EULA. If you do not accept it, do not install or use the Licensed Application.
1. Licence grant
Subject to your compliance with this EULA and any applicable App Store rules, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Licensed Application:
- on Apple-branded devices that you own or control, in line with Apple’s App Store Terms of Service and Family Sharing rules; and
- solely for your personal or internal business use.
2. Scope of licence
You may not, and you may not allow any third party to:
- rent, lease, lend, sell, redistribute, or sub-license the Licensed Application;
- copy (except as expressly permitted by this EULA), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, except to the extent the foregoing restriction is prohibited by applicable law;
- remove, alter, or obscure any proprietary notices (copyright, trade marks) from the Licensed Application;
- use the Licensed Application in a way that violates the Terms of Service or applicable law;
- use the Licensed Application to develop or assist in developing a competing product.
3. Updates and changes
From time to time we may make updates to the Licensed Application, including bug fixes, security patches, and new features. Some updates may be required for continued operation. Updates are delivered through the App Store under the terms of this EULA, unless the update is accompanied by a new EULA.
4. Third-party software and content
The Licensed Application includes third-party open-source components and may rely on third-party services to operate (such as crash reporting and analytics, where enabled). Use of those components is governed by the relevant third-party licences. An up-to-date list of open-source components and their licences is available in the App (Settings → About → Licences).
5. Consent to use of data
Our handling of personal data is described in the Privacy Policy. By installing the Licensed Application you acknowledge the practices set out there.
6. Apple-specific terms
This section applies to the Licensed Application as distributed through Apple’s App Store. The terms in this section are required by Apple as a condition of distribution.
6.1 Acknowledgement
This EULA is between you and TOOL CREATIVE LTD only, and not with Apple Inc. (“Apple”). We — not Apple — are solely responsible for the Licensed Application and its content.
6.2 Scope of licence (Apple)
The licence granted in section 1 is further limited to a non-transferable licence to use the Licensed Application on any Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service. The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
6.3 Maintenance and support
We — not Apple — are solely responsible for providing any maintenance and support for the Licensed Application as specified in this EULA or as required under applicable law. You can request support at support@toolcreative.ltd. Apple has no obligation to provide any maintenance or support.
6.4 Warranty
We are 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 law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
6.5 Product claims
We — not Apple — are responsible for addressing any claims by you or a third party relating to the Licensed Application or your possession or 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.
6.6 Intellectual property rights
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, we — not Apple — will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
6.7 Legal compliance
You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
6.8 Developer name and address
Any questions, complaints, or claims about the Licensed Application should be directed to: TOOL CREATIVE LTD, 327 Tollgate Road, London, E6 5YF, England. Email support@toolcreative.ltd.
6.9 Third-party beneficiary
You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
7. Term and termination
This EULA is effective until terminated by you or by us. Your rights under this EULA terminate automatically without notice if you fail to comply with any of its terms. On termination, you must stop all use of the Licensed Application and remove it from your devices.
8. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Licensed Application is provided “as is” and “as available”, with all faults and without warranty of any kind.
9. Limitation of liability
Our liability under this EULA is limited as set out in the “Limitation of liability” section of the Terms of Service, which is incorporated here by reference.
10. Governing law
This EULA is governed by the laws of England and Wales, excluding its conflict-of-law rules. Section 6 (Apple-specific terms) is governed by, and construed in accordance with, the applicable laws as required by Apple.
11. Contact
Questions about this EULA: legal@toolcreative.ltd.