Please read this End User License Agreement ("Agreement") carefully before downloading or using Subtex ("Application"). This Agreement is between you ("End-User") and GetSubtex LLC ("Company," "we," "us," or "our").
By downloading or using the Application, you agree to be bound by the terms of this Agreement. If you do not agree, do not download or use the Application.
You and the End-User acknowledge that this Agreement is concluded between you and the End-User only, and not with Apple, and that the Company, not Apple, is solely responsible for the Application and its content.
The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Application on any Apple-branded device that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license may extend to other accounts associated with you via Family Sharing or volume purchasing where applicable.
You agree not to:
The Application is licensed, not sold. The Company retains all rights, title, and interest in and to the Application, including all intellectual property rights. You acquire no ownership rights by downloading or using the Application.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. The Company is not liable for any loss resulting from unauthorized use of your account.
You retain ownership of any content you submit through the Application, including your digital card, profile information, and notes. By submitting content, you grant the Company a limited, non-exclusive license to store and display that content solely for the purpose of operating the Application. You are solely responsible for the accuracy of your profile information and any content you share through the Application.
The Application offers optional paid subscriptions ("Subtex One") that unlock additional features. Subscriptions are billed through your Apple ID account. All purchases are final and non-refundable except as required by applicable law or Apple's refund policy.
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription in your Apple ID account settings.
The Company is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement or as required under applicable law. You and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
For support, please contact us at feedback@getsubtex.com.
The Company 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 Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.
The Application is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by applicable law, the Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
You and the End-User acknowledge that the Company, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Application or the End-User's possession and/or use of the Application, including but not limited to:
You and the End-User acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
When using the Application, you must comply with applicable third-party terms of agreement, including but not limited to Spotify, Apple Music, and Google Sign-In terms of service. Your use of those services is governed by their respective terms and privacy policies. The Company is not responsible for the content or practices of any third-party services.
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Application, even if the Company has been advised of the possibility of such damages.
In no event shall the Company's total liability exceed the amount you paid for the Application in the twelve (12) months preceding the claim.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and delete all copies in your possession. The Company reserves the right to suspend or terminate your account at any time, with or without cause, and with or without notice.
Your use of the Application is subject to our Privacy Policy. By using the Application, you consent to the collection and use of your information as described in the Privacy Policy.
Our Terms of Service are also available on our website.
You and the End-User acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of the terms of this Agreement, 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 thereof.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Massachusetts.
We reserve the right to modify this Agreement at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this Agreement. Your continued use of the Application after any changes constitutes your acceptance of the new terms.
If you have any questions, complaints, or claims with respect to the Application, please contact us:
GetSubtex LLC
Email: feedback@getsubtex.com
Website: https://www.getsubtex.com