This End User License Agreement (“EULA”) is a legal agreement between you and EMORYA IT S.R.L. (“Emorya”, “we”, “us”, or “our”) governing your use of the Emorya mobile application and related services (the “Licensed Application” or “App”). By installing or using the App, you agree to be bound by this EULA.

This EULA is between you and Emorya only, not with Apple Inc. (“Apple”). Emorya, not Apple, is solely responsible for the App and its content, except as expressly stated below.

1. Scope of License

• 1.1 We grant you a limited, non-exclusive, non-transferable license to install and use the App on Apple-branded devices you own or control, as permitted by the App Store Terms (including Family Sharing/Volume Purchase if applicable).
• 1.2 You may not rent, lease, lend, sell, redistribute, sublicense, copy (except as permitted here and by the App Store Terms), reverse-engineer, decompile, disassemble, modify, or create derivative works of the App or updates, except where such restrictions are prohibited by law or by licenses of included open-source components.
• 1.3 All rights not expressly granted are reserved by Emorya.

2. Account, Age, and Health & Fitness Notice

• 2.1 You represent that you are 18+ (or the age of majority in your jurisdiction) or have parental/guardian consent with supervision.
• 2.2 Health & Safety. The App is not a medical device and does not provide medical advice, diagnosis, or treatment. Consult a qualified professional before starting or modifying any exercise program. Stop using the App and seek medical attention if you experience adverse symptoms.

3. User Conduct & Anti-Fraud

• 3.1 You agree not to manipulate activity metrics, circumvent integrity checks, submit false workout data, or otherwise cheat.
• 3.2 We may review activity and enforce policies, including warnings, suspending features, revoking digital items, or terminating access where we reasonably believe there is a violation.

4. Digital Items, Tokens & NFTs (Utility Only)

• 4.1 The App may enable access to virtual items, rewards, or tokens/NFTs (collectively, “Digital Items”). Digital Items are licensed, not sold. You obtain a personal, revocable right to use them within the App, subject to this EULA and our policies. They have no intrinsic monetary value, and availability/functionality may change.
• 4.2 No securities; utility nature. Digital Items (including any Emorya tokens such as $EMR and $EMRS) are intended for utility within the Emorya ecosystem and are not structured or sold as securities, equity, or profit-sharing instruments; no shareholder or similar rights are granted.
• 4.3 No investment/financial advice; market risks. We do not provide investment, financial, or legal advice. Digital assets are volatile and subject to regulatory/technical changes; you are solely responsible for decisions and risks.
• 4.4 Wallets & keys. If external wallets are supported, you are solely responsible for safeguarding credentials, keys, and seed phrases; blockchain transactions may be irreversible.
• 4.5 Taxes & fees. You are responsible for any taxes, network fees, and charges arising from your activities.
• 4.6 Policy enforcement. We may restrict, revoke, or withhold Digital Items obtained in violation of this EULA or our policies, or where required by law/platform rules.

5. Subscriptions, In‑App Purchases & Payments (If Any)

• 5.1 Some features may require paid subscriptions or purchases via Apple’s in‑app purchase system; billing/renewal/ cancellation are governed by Apple’s terms and your App Store settings.
• 5.2 Unless required by law, purchases are final and non-refundable. Apple may handle refunds for App/in‑app purchases.

6. Privacy

• 6.1 Your use of the App is also governed by our Privacy Policy: https://website.emorya.com/#/privacy-policy.
• 6.2 You consent to data processing as described there, including transfers to the UK/EU or other locations where we or our providers operate, consistent with applicable law.

7. External Services & Third‑Party Content

• 7.1 The App may access third‑party services/content (e.g., health platforms, wallets, blockchains). Use may require internet access and acceptance of third‑party terms. We are not responsible for third‑party availability, security, or accuracy.
• 7.2 Network and device requirements are your responsibility.

8. Warranty; Apple’s Limited Role; Product Claims

• 8.1 AS IS. To the maximum extent permitted by law, the App and all content are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind (express, implied, or statutory), including merchantability, fitness for a particular purpose, accuracy, and non‑infringement.
• 8.2 Your remedy. If the App or an in‑app purchase fails to conform to an applicable warranty, you may notify Apple; Apple may refund the price (if any), and Apple has no other warranty obligations with respect to the App.
• 8.3 Product claims. Emorya (not Apple) is responsible for addressing any claims by you or third parties relating to the App or your possession/use of the App, including: (i) product liability; (ii) failure to conform to legal/regulatory requirements; and (iii) consumer‑protection claims.

9. Intellectual Property

All title and IP rights in the App (software, content, trademarks) are owned by Emorya and/or its licensors. No ownership rights are transferred to you.

10. Infringement Claims

If a third party claims the App or your possession/use of it infringes IP rights, Emorya (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of such claims, to the extent required by law.

11. Suspension & Termination

We may suspend/terminate access if we reasonably believe you violated this EULA, our policies, or law; if we discontinue the App; to address security/technical issues; or to comply with legal obligations. You may stop using the App at any time. Provisions that logically survive termination will do so.

12. Compliance with Laws; Sanctions

You represent that you are not in a country subject to U.S./UK/EU embargo/sanctions and are not on a prohibited‑party list. You will comply with applicable laws (including health‑data rules, export controls, and sanctions).

13. Support

For questions or support: [email protected]. Apple has no obligation to provide support/maintenance for the App.

14. Apple as Third‑Party Beneficiary

Apple and its subsidiaries are third‑party beneficiaries of this EULA and may enforce it against you.

15. Changes to the App and to this EULA

We may modify the App or this EULA (e.g., for legal, feature, or security changes). Material changes will be posted in‑app or on our website with an updated “Effective date.” Continued use after changes become effective constitutes acceptance.

16. Limitation of Liability

To the fullest extent permitted by law, Emorya and its affiliates, directors, employees, and licensors are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of (or inability to use) the App. Our aggregate liability for all claims shall not exceed the greater of (a) amounts you paid for the App/in‑app purchase in the 12 months before the claim, or (b) GBP £50, except where prohibited.

17. Consumer Rights

Nothing here excludes/limits legal rights you cannot waive under applicable law. If you are a UK/EU consumer, statutory rights and remedies remain unaffected.

18. Governing Law & Jurisdiction

Except where prohibited, this EULA and disputes arising out of or relating to it are governed by the laws of England and Wales, without regard to conflicts rules. Courts of England and Wales have non‑exclusive jurisdiction; you may also bring proceedings in your country of residence where mandatory law allows.

19. Relationship to Whitepaper & Disclaimers

• 19.1 The Emorya Whitepaper and related documents are informational, not contractual, and do not constitute investment, financial, trading, or legal advice. They may change without notice. Decisions about Digital Items are at your own risk.
• 19.2 In the event of any conflict between this EULA and the Whitepaper or site materials, this EULA controls for purposes of your use of the App.

20. Entire Agreement & Contact

This EULA, together with the Privacy Policy and any policies referenced here, constitutes the entire agreement between you and Emorya regarding the App. If any provision is held invalid, the remainder remains in force. Failure to enforce any provision is not a waiver.