End User License Agreement (EULA)

This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you and the operator of the Morsy mobile application (“Licensor,” “we,” “our,” or “us”) for the use of the Morsy mobile application and related services (collectively, the “Application”).

By downloading, installing, accessing, or using the Application, you agree to be bound by this Agreement. If you do not agree, you must not use the Application. You must be at least 16 years old to use this Application, in line with our Privacy Policy and applicable law.

The Application is licensed, not sold. You receive a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use, subject to this Agreement.

“Application” or “App” means the Morsy mobile application software, including all features, functionality, content, and services provided through the application on Android or any other platform we support.

“Licensor” means MoMaLabs / Maurice Polkehn as identified in our Legal notice (Impressum), the operator that owns or operates the Application.

“You” or “User” means the individual who downloads, installs, accesses, or uses the Application.

“Device” means any smartphone, tablet, or other device on which you install or access the Application.

“Third-Party Services” means services, content, or functionality provided by entities other than the Licensor that may be accessed through or integrated with the Application.

Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Download, install, and use the Application on any Device that you own or control;

Access and use the Application’s features for your personal, non-commercial purposes;

Receive updates, upgrades, and new versions of the Application, subject to this Agreement;

Use the Application on multiple Devices you primarily use, within reasonable personal use.

This license does not grant you ownership of the Application. All rights not expressly granted are reserved.

You agree not to, and you will not permit others to:

Copy, modify, adapt, translate, or create derivative works based on the Application, except as permitted by law;

Reverse engineer, decompile, disassemble, or attempt to discover source code or algorithms, except where mandatory law allows;

Rent, lease, lend, sell, redistribute, sublicense, or transfer the Application;

Remove or alter proprietary notices;

Use the Application unlawfully or to violate applicable laws;

Transmit viruses, malware, or malicious code;

Attempt unauthorized access to the Application or related systems;

Use the Application in a way that damages, disables, overburdens, or impairs it or others’ use.

The Application requires a compatible Device and internet connection. You are responsible for equipment, software, and connectivity.

We do not guarantee compatibility with all Devices or uninterrupted operation. Requirements may change without notice.

We collect and process personal data as described in our Privacy Policy on this website (see the Privacy Policy link in the footer). Processing may include account data, usage analytics, device-related data, and content you submit for analysis (e.g. exported chats), as applicable.

Processing is carried out in accordance with applicable data protection laws, including the GDPR where applicable, based on consent, contractual necessity, legitimate interests, and legal obligations.

For details on categories of data, purposes, retention, and your rights, please review our Privacy Policy.

The Application may enable access to Third-Party Services. We do not control such services and are not responsible for their content, accuracy, legality, or quality.

Your use of Third-Party Services is at your own risk and subject to third-party terms.

We may provide updates, patches, and new versions. Critical security updates may be installed automatically where applicable.

We may modify, suspend, or discontinue the Application with reasonable notice where feasible, consistent with consumer protection laws.

You agree to provide accurate information, maintain account security, notify us of unauthorized use, comply with laws, and use the Application consistently with this Agreement and any guidelines we publish.

The Application and its content, branding, and software are owned by the Licensor or licensors and protected by intellectual property laws. No title is transferred to you.

THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not warrant uninterrupted or error-free operation or that defects will be corrected. Use is at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM YOUR USE OF THE APPLICATION.

Nothing excludes or limits liability for death or personal injury caused by negligence, fraud, intentional misconduct or gross negligence where mandatory law forbids exclusion, or other liability that cannot be limited under applicable law.

For consumers in the EU/EEA, statutory consumer rights remain unaffected, including under EU consumer protection rules.

You agree to indemnify and hold harmless the Licensor and its representatives from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Application, breach of this Agreement, or violation of law or third-party rights.

This Agreement remains effective until terminated. Your rights terminate automatically if you materially breach this Agreement.

Upon termination, cease use of the Application and delete copies from your Devices. Certain sections survive termination as stated herein.

If you obtained the Application from the Apple App Store, the following applies in addition:

Your license is limited to a non-transferable license to use the Application on Apple-branded products you own or control, as permitted by Apple’s Usage Rules.

Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you as such.

This EULA is between you and the Licensor, not Apple. Apple is not responsible for the Application or its content.

Apple has no obligation to provide maintenance or support for the Application.

If the Application fails to conform to any warranty, you may notify Apple; Apple may refund the purchase price where applicable. To the maximum extent permitted by law, Apple has no other warranty obligation.

The Licensor, not Apple, is responsible for product claims, regulatory compliance claims, and intellectual-property claims relating to the Application, subject to applicable law.

You may not export or re-export the Application except as authorized by applicable law in Germany, the EU, and the jurisdiction where you obtained it.

You represent that you are not located in an embargoed country or listed as a prohibited party, and will not use the Application for prohibited purposes.

If you are a U.S. Government end user, the Application is a “Commercial Item” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” licensed only with the rights granted to other end users under this Agreement, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable.

This Agreement is governed by the laws of the Federal Republic of Germany, without regard to conflict-of-law principles.

EU/EEA users may bring proceedings in the courts of their country of residence; we may bring proceedings in your country of residence where permitted.

Users outside the EU/EEA: disputes may be subject to the exclusive jurisdiction of the courts of Frankfurt am Main, Germany, unless mandatory consumer law provides otherwise.

Parties shall first attempt good-faith negotiation. If not resolved within thirty (30) days, either party may pursue remedies under the Governing Law section.

If any provision is invalid, the remainder remains in effect; invalid provisions shall be replaced by valid provisions closest to the original intent.

This Agreement, together with our Privacy Policy and other legal notices we publish, constitutes the entire agreement regarding the Application and supersedes prior understandings.

We may modify this Agreement. Material changes will be announced with at least 30 days’ notice where practicable. Continued use after changes constitutes acceptance; if you disagree, stop using the Application.

Questions about this Agreement or the Application:

morsy@momalapps.com

By downloading, installing, accessing, or using the Application, you acknowledge that you have read and agree to this Agreement.