This End User License Agreement (“EULA”) is a legal agreement between you (“User”) and Felinity LLC, d/b/a Felinity Apps, a US company with registered office in Danville, Virginia (“Felinity”) governing your use of the mobile application Doobius (“App”). By downloading or using the App, you agree to the terms set forth in this EULA.
DEFINITIONS
In this EULA, unless the context otherwise requires, the following terms shall have the meanings ascribed to them:
- App: Refers to the mobile application “Doobius,” which is designed to provide users with nutrient concentration recommendations for home-grow hydroponic operations.
- User: Refers to the individual or entity who downloads, installs, or uses the App and agrees to be bound by the terms of this EULA.
- Subscription: Refers to the paid access provided to the User, which allows the User to utilize the full functionality of the App.
- License: Refers to the rights granted by Felinity LLC to the User to use the App in accordance with the terms set out in this EULA.
- Intellectual Property: Refers to all legal rights in the App, including but not limited to code, design, trademarks, and any associated proprietary content, all of which are owned by Felinity LLC.
- Confidential Information: Refers to non-public information disclosed by Felinity LLC to the User, which is of a confidential or proprietary nature, including but not limited to technical data, product information, and any related business details.
- Device: Refers to any personal device (such as a smartphone or tablet) on which the User installs and uses the App.
- Third-Party Components: Refers to any software libraries, tools, or other external components incorporated into the App that are licensed under open-source or other third-party terms.
1. App Description
1.1 Purpose and Functionality: Doobius is a feed chart computer designed for home-grow hydroponic operations. Users select a nutrient series from supported vendors, and based on various grow stages and factors, the App provides recommended nutrient concentrations. The App is intended for legal use in regions where such activities are permissible.
2. Ownership and Licensing
2.1 Ownership Rights: The App, including its code, design, and trademarks, is the property of Felinity LLC.
2.2 License Type: The App is subscription-based. Upon purchasing a subscription, you may use the App on any personal devices associated with your Apple account.
2.3 Restrictions on Use: You shall use the App in accordance with applicable laws and shall not:
- Rent, lease, lend, sell, redistribute, sublicense, or otherwise commercially exploit the App;
- Assign your rights to the App without prior written approval of Felinity;
- Use the App for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- Delete or alter any disclaimers, warnings, copyright, or other proprietary notices accompanying the App;
- Copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any parts thereof, except to the extent permitted by applicable law;
- Disclose Confidential Information unless this is required by law or authoritative order.
2.4 Violations may result in legal action, including (but not limited to) revocation of access to the App.
3. Scope of Use
3.1 Permitted Use: The App may be used solely for personal, non-commercial purposes, in regions where it is legal to do so.
3.2 Restrictions on Use: The App should not be used in illegal operations, including but not limited to illegal grow operations.
3.3 Device or User Limitations: You may use the App on any of your personal devices linked to your Apple account.
4. Intellectual Property
4.1 Ownership of IP: Felinity LLC retains ownership of all intellectual property rights related to the App, including its code, design, and trademarks.
4.2 Infringement Consequences: Unauthorized use of the App’s intellectual property may result in legal action. Felinity LLC reserves the right to pursue any necessary actions to protect its rights.
5. Updates and Maintenance
5.1 Updates: Users will receive all future updates as long as their subscription is active. Updates will be automatic via the App Store.
5.2 Support: Ongoing technical support is available for all subscribers through official support channels.
6. Termination of License
6.1 License Revocation: Felinity LLC reserves the right to revoke your license ad nutum in the event of non-payment, violation of the terms of this Agreement, or any misuse of the App.
6.2 Effect of Termination: Upon termination of your subscription, access to the App will be disabled, and you will no longer receive updates or support.
7. Data and Privacy
7.1 User Data: The App does not collect personal data except for crash reports automatically submitted by iOS. These reports are anonymized before being sent to Felinity. Apple may collect additional usage data in accordance with its privacy policy.
7.2 Third-Party Services: The App does not directly use third-party services that would impact user data privacy.
8. Warranties and Disclaimers
8.1 App Warranty: The App is provided on an “as-is” basis, without any warranties of any kind, whether express or implied, including but not limited to warranties of performance, fitness for a particular purpose, or security. We do not guarantee that the App will be free from errors or interruptions.
8.2 Disclaimer of Liability: Felinity LLC disclaims all responsibility for any damages, losses, or other issues arising from the use of the App. This includes, but is not limited to, errors or inaccuracies in nutrient data provided by vendors, and issues related to crop failures or other agricultural outcomes. Users acknowledge that the App’s guidance may not fully account for all variables affecting crop performance.
9. Limitation of Liability
9.1 Liability Cap: Under no circumstances shall Felinity LLC’s total liability exceed the amount paid by the User for their subscription in the 12 months preceding the claim. This limitation applies regardless of the nature of the claim, whether in contract, tort, or otherwise.
9.2 Exclusions: Felinity LLC shall not be liable for any indirect, incidental, punitive, or consequential damages. This includes, but is not limited to, loss of profits, loss of data, damage to devices, or economic losses resulting from crop failures or other agricultural issues.
10. Jurisdiction and Governing Law
10.1 Governing Law: This Agreement is governed by the laws of the Commonwealth of Virginia, United States.
10.2 Jurisdiction: Any disputes arising from this Agreement shall be settled in the courts of Richmond, Virginia, United States.
11. Third-Party Licenses
11.1 Third-Party Components: The App uses third-party open-source components licensed under BSD and similar licenses. These are disclosed in the credits within the App.
11.2 Open-Source Components: The use of open-source components does not impose any additional obligations on Users beyond the terms stated in their respective licenses.
12. Payment Terms
12.1 Pricing: Doobius is available on a subscription basis. Apple offers a one-week free trial, and all pricing is managed through the Apple App Store.
12.2 Refund Policy: Refunds are at Apple’s sole discretion. Felinity LLC does not provide direct refunds.
13. Modifications to the Agreement
13.1 Changes to the EULA: Felinity LLC reserves the right to modify this Agreement at any time without prior notice. Changes will be reflected in the App with subsequent updates. Your continued use of the App after any such changes constitutes acceptance of the updated Agreement.
14. Contact Information
For any questions regarding this Agreement, please contact Felinity LLC via the official support channels listed on the App Store or website.