End User License Agreement (EULA)

Last updated: · CONSILIORA NEXUS CONSULTING LTD

1. Parties and Acknowledgement

This End User License Agreement (this "EULA") is entered into between you, the end user ("you"), and CONSILIORA NEXUS CONSULTING LTD, a company registered in the Republic of Cyprus under number HE468919, with registered address at Franklinou Rousvelt, 170, 2nd floor, Omonoia, 3048, Limassol, Cyprus ("Consiliora", "Licensor", "we", "us", or "our").

You and Consiliora acknowledge that this EULA is concluded between you and Consiliora only, and not with Apple Inc. ("Apple"). Consiliora, not Apple, is solely responsible for the Mix VPN application (the "Licensed Application") and the content thereof. This EULA does not provide usage rules for the Licensed Application that conflict with, or are less restrictive than, the Apple Media Services Terms and Conditions in effect as of the date you obtain the Licensed Application.

By downloading, installing, or using the Licensed Application, you agree to be bound by this EULA. If you do not agree, you must not download, install, or use the Licensed Application.

2. Scope of Licence

Consiliora grants you a limited, non-transferable, non-exclusive, non-sublicensable, revocable licence to use the Licensed Application on any Apple-branded product that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

The licence is personal to you. You may access the Licensed Application on any iPhone, iPad, or iPod touch that you own or control. Where allowed by the Usage Rules, members of your Family Sharing group or anyone connected through Family Sharing may access the Licensed Application. You may not redistribute or otherwise transfer the Licensed Application.

You may not copy (except as expressly permitted by this EULA and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except to the extent such restrictions are prohibited by applicable law or expressly permitted by the licence terms governing the use of any open-source components included with the Licensed Application.

Any attempt to do so is a violation of the rights of Consiliora and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

3. Consent to Use of Data

You agree that Consiliora may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Licensed Application. Consiliora may use this information, as long as it is in a form that does not personally identify you, to improve the Licensed Application or to provide services or technologies to you. The collection and use of personal data is described in our Privacy Policy.

4. Maintenance and Support

Consiliora is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, the Terms of Use, or as required under applicable law. You and Consiliora acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

You can request support by emailing support@consiliora.org.

5. Warranty

Consiliora is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Consiliora.

EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY STATED IN THIS EULA, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CONSILIORA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION AFFECTS ANY MANDATORY CONSUMER RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.

6. Product Claims

You and Consiliora acknowledge that Consiliora, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of the Licensed Application, including, but not limited to:

product liability claims;
any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of the HealthKit and HomeKit frameworks, where applicable.

This EULA does not limit Consiliora's liability to you beyond what is permitted by applicable law.

7. Intellectual Property Rights

You and Consiliora acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Consiliora, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

8. Legal Compliance

You represent and warrant that you will use the Licensed Application in compliance with all applicable laws and regulations in the jurisdictions in which you use it.

9. Developer Name and Contact Information

For any questions, complaints, or claims with respect to the Licensed Application, please contact the developer at:

CONSILIORA NEXUS CONSULTING LTD
Registration #HE468919
Franklinou Rousvelt, 170, 2nd floor
Omonoia, 3048, Limassol, Cyprus
Email: support@consiliora.org

10. Third-Party Terms of Agreement

You must comply with any applicable third-party terms of agreement when using the Licensed Application, including any mobile data carrier service plan or similar third-party agreements. You are solely responsible for any carrier data charges incurred in connection with your use of the Licensed Application.

11. Third-Party Beneficiary

You and Consiliora acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.

12. Term and Termination

This EULA is effective until terminated by you or by Consiliora. Your rights under this EULA will terminate automatically, without notice, if you fail to comply with any term of this EULA. Upon termination of this EULA, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application in your possession.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSILIORA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF THE LICENSED APPLICATION.

CONSILIORA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE LICENSED APPLICATION OR THIS EULA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THIRTY US DOLLARS (US$30.00) IN THE AGGREGATE. NOTHING IN THIS EULA EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

14. Governing Law

This EULA is governed by the laws of the Republic of Cyprus, without regard to its conflict-of-laws rules. The courts of the Republic of Cyprus, with exclusive seat in the District Court of Limassol, have exclusive jurisdiction to hear and decide any dispute arising out of or in connection with this EULA, except that (i) we may bring proceedings to enforce this EULA in any jurisdiction where you reside or where you use the Licensed Application, and (ii) nothing in this EULA affects any mandatory consumer rights you may have under the law of your country of residence, including any right to bring proceedings before the courts of that country.

15. Miscellaneous

Relationship with Terms of Use and Privacy Policy. This EULA is to be read together with our Terms of Use and Privacy Policy. In the event of any conflict between this EULA and the Terms of Use, this EULA governs matters relating to the licence and ownership of the Licensed Application, and the Terms of Use govern all other aspects of the Service.

Severability. If any provision of this EULA is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

Amendments. Consiliora may update this EULA from time to time. The "Last updated" date at the top of this page indicates when it was last revised. Where changes are material, we will take reasonable steps to bring them to your attention through an in-app notice a reasonable time before they take effect.