Terms of Use

Effective date: 19 Sept 2025

These Terms of Use (“Terms”) apply to the mobile applications and services provided by Amphibean BV (“we,” “our,” “us”). By downloading, accessing, or using any Amphibean app, you agree to these Terms. If you do not agree, do not use our apps.

These Terms complement and incorporate Apple’s Standard End User License Agreement (the “Apple EULA”). Where there is a conflict, the Apple EULA controls to the extent required by Apple.

1. License Grant & Scope

• The App is licensed, not sold. A non-transferable, non-exclusive license is granted for personal, non-commercial use on any Apple-branded products that you own or control and as permitted by the App Store Terms of Service.
• You may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
• Third-party terms (e.g., carrier data charges) may apply to your use of the App.

2. Apple Not a Party; Third-Party Beneficiary

• You acknowledge that this agreement is concluded between you and Amphibean BV only, not with Apple. Apple is not responsible for the App or its content.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and the Apple EULA, and upon your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

3. Maintenance, Support & Product Claims

• Amphibean BV is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or required under applicable law. Apple has no obligation to furnish any maintenance or support services.
• Amphibean BV is responsible for addressing any product claims relating to the App, including claims that the App fails to conform to any applicable legal or regulatory requirement.

4. Warranty & Liability

• The App is provided “as is” and “as available” without warranties of any kind, to the maximum extent permitted by law. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
• To the maximum extent permitted by law, Amphibean BV shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

5. Intellectual Property & Infringement

• All rights, title, and interest in the App (except third-party components used under license, including public-domain sound banks where applicable) remain with Amphibean BV.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Amphibean BV, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

6. Subscriptions & Payment

• Some apps offer auto-renewable subscriptions that unlock additional features.
• Payment is charged to your Apple ID upon confirmation of purchase; subscriptions renew automatically unless cancelled at least 24 hours before the current period ends.
• Your account is charged for renewal within 24 hours before the end of the current period.
• You can manage and cancel subscriptions in your App Store account settings.
• Any free trial, if offered, will automatically convert to a paid subscription unless cancelled before the trial ends.

7. Export & Government Use

• You may not export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained.
• The App and related documentation are “Commercial Items.” U.S. Government end users acquire the App with only those rights set forth in these Terms and the Apple EULA.

8. Privacy

Your use of our apps is also governed by our Privacy Policy.

9. Termination

These Terms are effective until terminated. Your rights under these Terms will terminate automatically if you fail to comply with any term(s). Upon termination, you must cease all use of the App and delete all copies.

10. Governing Law

These Terms are governed by the laws of Belgium, and disputes shall be resolved by the competent courts in Belgium, except where the Apple Standard End User License Agreement requires that matters be governed by the laws of California, U.S.A.

11. Contact

If you have questions about these Terms, please use our contact form available on apps.amphibean.com.

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