agn
End User License Agreement (EULA)
Effective date: [TO CONFIRM effective date]
Draft for legal review. This document is a working draft prepared to support the first App Store submission of agn. It has not been reviewed by a lawyer. Have qualified counsel review and adapt it before you publish it or rely on it. Every value that depends on a real-world fact is marked [TO CONFIRM].
0. Note on Apple's standard EULA
agn is licensed to you, not sold. This agreement uses Apple's standard Licensed Application End User License Agreement (the "Apple Standard EULA", available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) as its baseline. Where this agreement and the Apple Standard EULA both apply, the Apple Standard EULA's minimum terms apply, and the additional terms below (which exist to satisfy Apple's requirements for user-generated content apps, App Store Review Guideline 1.2) supplement it. If anything here conflicts with the Apple Standard EULA in a way that gives you fewer rights than Apple requires, the Apple Standard EULA controls.
This agreement is between you and [TO CONFIRM legal entity name] ("we", "us", or "our"), not with Apple. Apple is not responsible for agn or its content.
1. Acceptance of these terms
By downloading, installing, accessing, or using agn, and in any case before you create, upload, post, or share any content, you agree to be bound by this agreement and by our Privacy Policy (at [TO CONFIRM Privacy Policy URL]). If you do not agree, do not use agn and do not upload content.
You must affirmatively agree to these terms before creating or uploading content.
2. Age requirement
agn is rated 17+ and is intended only for users who are at least 17 years old. By using agn you represent that you are 17 or older and that you have the legal capacity to enter into this agreement. agn is not directed to children, and we do not knowingly allow users under the required age to use the service.
3. License grant to you
Subject to your compliance with this agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of agn on any Apple-branded device that you own or control, as permitted by the App Store Usage Rules in the Apple Media Services Terms and Conditions. You may not copy, modify, reverse engineer, distribute, sell, or lease agn except as expressly permitted by law or by Apple's terms.
4. Your content and the license you grant us
"Your content" means the video clips, audio, thumbnails, reactions, profile information, and any other material you create, upload, or share through agn.
- You keep ownership of your content.
- You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt (for example transcoding and thumbnail generation), publish, and display your content for the purpose of operating, providing, and promoting agn, including showing your clips in personal, city, and live event timelines as described in our Privacy Policy. This license ends when your content or your account is deleted, except for copies retained as described in our Privacy Policy or required by law, and except for content others have already shared or that we must retain for legal or safety reasons.
- You represent that you have all rights necessary to grant this license, and that your content does not violate this agreement or any law or third-party right.
5. Zero tolerance for objectionable content and abusive behavior
We have zero tolerance for objectionable content and abusive users. You agree not to create, upload, post, share, or transmit content, and not to engage in conduct, that:
- is unlawful, harassing, threatening, abusive, hateful, or defamatory;
- is sexually explicit, pornographic, or sexualizes minors in any way;
- depicts or promotes violence, self-harm, terrorism, or illegal activity;
- infringes anyone's intellectual property, privacy, or publicity rights;
- is spam, fraudulent, deceptive, or a scam;
- contains malware or attempts to compromise the security of agn or other users;
- impersonates another person or misrepresents your affiliation;
- harasses, bullies, stalks, or intimidates another user.
This is not an exhaustive list. We may determine, in our reasonable discretion, that content or behavior is objectionable.
6. Reporting content and blocking users
agn provides safety tools built into the app:
- Report content. You can report any clip you find objectionable using the "Report Content" action on the clip. Reported clips are flagged and hidden, and we review them.
- Block users. You can block another user. Blocked users are removed from your graph and hidden from your search and recommendations.
If you cannot reach a safety tool, or want to report something else, contact us at [TO CONFIRM contact email].
7. Our enforcement and 24-hour response
We may, without prior notice, remove content and remove, suspend, or eject users who violate this agreement.
We will act on reports of objectionable content and abusive behavior, and we will remove flagged content and eject the user who provided it within 24 hours where we determine a violation has occurred. We may also take action proactively when we become aware of a violation. We are not obligated to monitor all content, but we reserve the right to review and remove any content at any time.
8. Acceptable use
In addition to Section 5, you agree not to:
- use agn for any purpose that is illegal or prohibited by this agreement;
- attempt to gain unauthorized access to any part of agn or other users' accounts;
- interfere with or disrupt the integrity or performance of agn;
- collect or harvest data about other users without their consent;
- use agn to send unsolicited communications;
- circumvent any safety, rate-limiting, or moderation features.
9. Termination
This agreement applies until terminated. Your rights under it end automatically if you fail to comply with any of its terms. We may suspend or terminate your access to agn at any time, with or without notice, including for violations of this agreement. You may terminate at any time by deleting your account (Settings > Delete Account) and removing agn from your device. Sections that by their nature should survive termination (including content licenses already exercised, disclaimers, limitation of liability, and governing law) survive.
10. Disclaimers
To the maximum extent permitted by law, agn is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that agn will be uninterrupted, secure, or error-free, or that content posted by other users is accurate, lawful, or appropriate. You use agn and interact with other users' content at your own risk.
11. Limitation of liability
To the maximum extent permitted by law, we and our suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) agn, even if we have been advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for all claims relating to agn will not exceed the greater of the amount you paid us for agn in the 12 months before the claim (which for a free app may be zero) or [TO CONFIRM liability cap amount, for example USD 50]. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Apple-specific terms
Because agn is distributed through the App Store, the following apply:
- This agreement is between you and us only, not with Apple. Apple is not responsible for agn or its content.
- Apple has no obligation to provide maintenance or support for agn.
- If agn fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to agn.
- Apple is not responsible for addressing any claims by you or a third party relating to agn, including product liability, legal or regulatory compliance, and consumer protection claims.
- In the event of a third-party claim that agn or your use of it infringes that party's intellectual property, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
13. Governing law
This agreement is governed by the laws of [TO CONFIRM governing jurisdiction], without regard to its conflict of laws rules, except that the Apple Media Services Terms and Conditions govern where required by Apple. [TO CONFIRM dispute resolution / venue terms] with counsel.
14. Contact
Questions about this agreement can be sent to:
- [TO CONFIRM legal entity name]
- Email: [TO CONFIRM contact email]
- Address: [TO CONFIRM postal address]