END USER LICENSE AGREEMENT (EULA) FOR Study Planner

Last updated: June 5, 2025

This End User License Agreement (“Agreement” or “EULA”) is a legally binding agreement between you (“you” or “End User”) and Swift Dots (“we,” “us,” or “Provider”) governing your use of the Study Planner mobile application (“Study Planner” or the “App”), including any updates, upgrades, and accompanying documentation. By downloading, installing, or using Study Planner from the Apple App Store, you agree to be bound by all the terms of this EULA. If you do not agree to this EULA in its entirety, do not download, install, or use the App.

1. Definitions

• “App” means the Study Planner mobile application, as made available by Provider via the Apple App Store.
• “Apple” refers to Apple Inc., which manages distribution of the App through its Apple App Store.
• “Subscription” means the right to access certain paid features and/or content in the App, granted on a recurring basis (auto-renewable) in accordance with Apple’s policies.
• “Content” means any in-App text, graphics, images, audio, video, data, or other materials provided by Provider.

2. License Grant

1. Limited, Non-Exclusive License
   Subject to your compliance with this EULA and Apple’s App Store Review Guidelines, Provider grants you a non-exclusive, non-transferable, revocable license to:
   • Download, install, and use a single copy of Study Planner on any Apple-branded devices that you own or control, provided you remain compliant with all applicable terms in this EULA.
   • Access and use any Content provided within Study Planner in accordance with the Subscription model described below.
2. Third-Party Terms
   Your use of Study Planner is also governed by Apple’s terms (including the Apple Media Services Terms and Conditions), and you must comply with those terms. Apple has no responsibility for Study Planner or the content thereof.

3. Subscription and Purchase

1. Subscription-Based Features
   Certain features, screens, and content (“Premium Features”) within Study Planner are locked and can be accessed only via a valid Subscription. You may subscribe to Study Planner directly through the in-App purchase mechanism offered by Apple.
2. Auto-Renewable Subscriptions
   • Billing
     When you choose to subscribe, payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period, at the same cost and in the same currency as your original subscription, unless prices have changed, in which case we will notify you of the new price.
   • Cancellation
     You can turn off auto-renew at any time by going to your Apple ID Account Settings after purchase. If you cancel your Subscription, you will continue to have access to Premium Features until the end of the then-current billing period. After cancellation, you will not be charged for subsequent periods unless you re-subscribe.
   • Free Trials (if applicable)
     If a free trial is offered, you will be charged at the end of the trial period unless you cancel at least twenty-four (24) hours before the trial ends. The free trial applies only to first-time subscribers and only if you do not previously or currently hold a subscription to Study Planner.
3. Changes to Subscription Fees
   Provider reserves the right to change Subscription fees at any time. Any fee changes will take effect following thirty (30) days’ notice to you. Your continued Subscription after the fee change becomes effective constitutes your agreement to pay the revised Subscription fee.
4. No Refunds
   All Subscription fees are non-refundable except as required by applicable law. Any unused portion of a Subscription period is forfeited upon cancellation, except where mandated by law (e.g., a statutory cooling-off period).
5. Compliance with Apple Policy
   All purchases are subject to Apple’s in-App Purchase Terms. Provider does not handle or see your credit card information; all billing is managed by Apple.

4. No Data Collection

1. User Privacy
   Provider does not collect, store, or share any personally identifiable information (PII) or personal data from users. Study Planner does not transmit or sync any user-generated data to Provider’s servers.
2. Local Storage
   Any user-generated content (e.g., settings, progress) is stored locally on your device. It is your responsibility to back up or secure your own data, as Provider does not store a copy.

5. Restrictions and Responsibilities

1. Prohibited Conduct
   You may not, directly or indirectly:
   • License, sublicense, sell, resell, transfer, assign, distribute, or otherwise exploit Study Planner for commercial purposes, except as expressly permitted by this EULA.
   • Decompile, reverse-engineer, disassemble, attempt to derive the source code of, or decrypt Study Planner, except as and only to the extent permitted by applicable law.
   • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any copies of Study Planner or its Content.
   • Use Study Planner to violate any law, regulation, or the rights of any third party.
2. Device and Software Requirements
   You warrant and represent that you own or control all rights necessary to install and use Study Planner on your device, and that your device meets the minimum technical and system requirements to run Study Planner. You are responsible for maintaining compatible hardware and software.
3. Account Security
   If Study Planner requires you to create or link an account (including Apple ID linkage), you are responsible for maintaining the confidentiality of any credentials. You agree to notify Provider immediately of any unauthorized use.

6. Intellectual Property

1. Ownership
   Except for the limited license expressly granted herein, Provider and its licensors retain all rights, title, and interest in and to Study Planner, including all intellectual property rights. Study Planner is protected by copyright, trademark, and other laws of the United States and foreign countries.
2. Trademarks
   “Study Planner” and “Swift Dots” (and associated logos) are trademarks or registered trademarks of Provider or its affiliates. All other product and company names mentioned herein may be trademarks of their respective owners.

7. Updates and Upgrades

1. Provider-Supplied Updates
   Provider may from time to time provide updates, upgrades, bug fixes, patches, or new features for Study Planner (“Updates”). Updates may be automatically delivered via the Apple App Store.
2. Acceptance of Updates
   By agreeing to this EULA, you also agree that Provider may automatically deliver Updates and that this EULA will govern such Updates, unless other terms accompany those Updates, in which case those terms will govern.

8. Termination

1. Termination by You
   You may terminate this Agreement and your license to use Study Planner at any time by deleting the App from your device. Deletion of the App will not relieve you of any obligation to pay any fees that accrued prior to termination.
2. Termination by Provider
   Provider may terminate this EULA and your access to Study Planner and/or Premium Features if:
   • You fail to comply with any term or condition of this EULA.
   • You engage in fraudulent or unlawful activities in connection with Study Planner.
   • Provider discontinues Study Planner.
   • Required by applicable law.
3. Effect of Termination
   Upon termination:
   • The license granted herein immediately terminates.
   • You must cease all use of Study Planner and delete all copies from your devices.
   • Sections regarding Ownership, Subscription Fees, No Data Collection, Disclaimer of Warranty, Limitation of Liability, and Governing Law shall survive termination.

9. Disclaimer of Warranty

STUDY PLANNER IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT:

• STUDY PLANNER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
• THE OPERATION OF STUDY PLANNER WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
• CORRECTION OF ANY DEFECTS OR ERRORS WILL OCCUR.
• ANY CONTENT PROVIDED THROUGH STUDY PLANNER WILL BE ACCURATE, RELIABLE, OR CURRENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER, ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE STUDY PLANNER, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DEVICE OR DATA.
• ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU TO PROVIDER FOR THE PRIOR TWELVE (12) MONTHS OF STUDY PLANNER USAGE. IF NO PAYMENTS WERE MADE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING STUDY PLANNER.

11. Governing Law and Dispute Resolution

1. Governing Law
   This EULA and any dispute arising out of or relating to it shall be governed by the laws of the Republic of Kenya (without regard to its conflict of laws principles).
2. Arbitration
   Any dispute arising from or relating to this EULA shall be resolved through binding arbitration in Nairobi, Kenya, in accordance with the rules of the Nairobi Centre for International Arbitration (NCIA). The decision of the arbitrator shall be final and binding.
3. Equitable Relief
   Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent unauthorized use or infringement of intellectual property rights.

12. Changes to This EULA

Provider reserves the right to modify or update this EULA at any time. If we make material changes, we will notify you via a prominent notice in the App, by e-mail (if you have provided one), or through the App Store. Material changes become effective thirty (30) days after posting. Your continued use of Study Planner after any changes become effective constitutes your acceptance of those changes. If you do not agree to the revised EULA, you must stop using Study Planner and delete it immediately.

13. Severability

If any provision of this EULA is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

This EULA, together with any additional terms and policies incorporated herein by reference (including Apple’s Terms and Conditions), constitutes the entire agreement between you and Provider with respect to Study Planner and supersedes all prior or contemporaneous understandings, whether oral or written, regarding the App.

15. Contact Information

If you have any questions or concerns regarding this EULA or Study Planner, please contact us at:

Swift Dots
Email: mkscentapps@gmail.com

By downloading, installing, or using Study Planner, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.