End User License Agreement
This End User License Agreement ("Agreement") is between you and Mobinuity Ltd ("we", "us") and governs your use of Thingly: Identify Anything (the "App"). The App is licensed, not sold, to you.
1. Acknowledgment
This Agreement is between you and Mobinuity Ltd, a company registered in England and Wales under company number 16258625 with its registered office at 24-26 Arcadia Avenue, London N3 2JU, United Kingdom. It is not with Apple Inc. ("Apple"). We alone are responsible for the App and its content. This Agreement does not provide usage rules that conflict with the Apple Media Services Terms and Conditions, which you acknowledge you have had the opportunity to review.
2. Maintenance and Support
We alone are responsible for providing any maintenance and support for the App, as specified in this Agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App. Support contact details are in the Contact section below.
3. Scope of License
We grant you a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the App Store Usage Rules. You may not distribute the App over a network, rent, lease, lend, sell, or sublicense it, or reverse engineer it except where that restriction is prohibited by law.
4. Consent to Use of Data
You agree that we may collect and use limited technical data as described in our Privacy Policy. Photos you submit for identification are processed and then discarded; we keep no copy.
5. Estimates Only; Not Expert Advice
Identifications, facts and value ranges in the App are estimates produced by an AI model from a photograph and may be incorrect. They are provided for general interest only and do not constitute professional, safety, medical, veterinary, legal, or financial advice, and are not an appraisal. Do not rely on the App to decide whether anything is safe to eat, touch, handle, or approach. Always consult a qualified expert.
6. What the App will not do
By design and in every language, the App will not judge whether any wild plant, berry or fungus is safe to eat, will not identify medication, will not answer questions about anything on skin, and will not identify people or infer anything about them from their appearance. Attempting to work around these limits is a breach of this Agreement.
7. Acceptable Use
You agree not to use the App to identify people without their knowledge, to submit unlawful content, to attempt to defeat locks or security devices, or to make automated requests to our services outside the App.
8. Termination
This licence is effective until terminated by you or by us. Your rights end automatically if you fail to comply with any term. Delete the App to terminate.
9. Services and Third-Party Materials
The App uses third-party services including Cloudflare, Anthropic and RevenueCat. The App contains no advertising. Third-party materials are provided for convenience and we are not responsible for them.
10. Third-Party Terms of Agreement
You must comply with applicable third-party terms when using the App. Identification is performed by an AI model operated by Anthropic, and your use of that function is also subject to Anthropic's usage policies. Subscriptions are sold and processed by Apple under the Apple Media Services Terms and Conditions, and subscription status is checked through RevenueCat.
11. NO WARRANTY
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. WE DO NOT WARRANT THAT ANY IDENTIFICATION IS CORRECT.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
12. Product Claims
We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
13. Intellectual Property Rights
If a third party claims that the App, or your possession and use of it, infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
14. Legal Compliance
You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
15. Limitation of Liability
To the extent not prohibited by law, in no event shall we be liable for personal injury or any incidental, special, indirect or consequential damages arising out of your use of the App. Our total liability to you shall not exceed the amount you actually paid for the App in the twelve months before the claim.
16. Subscriptions
Thingly Pro is offered as an auto-renewing subscription on a weekly, monthly or yearly term. Payment is charged to your Apple ID at confirmation of purchase. The subscription renews automatically unless cancelled at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours prior to the end of that period. You can manage and cancel subscriptions in your Apple ID account settings. Any unused portion of a free period, if one is offered, is forfeited when you buy a subscription.
Thingly Pro is subject to fair use. Scanning is limited to 50 identifications per day, which resets daily. This limit exists to keep the service available and responsive for everyone and is not intended to restrict normal use.
17. Export Compliance
You may not use or export the App except as authorised by United States law and the laws of the jurisdiction where the App was obtained.
18. Commercial Items
The App and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101.
19. Governing Law
This Agreement is governed by the laws of England and Wales, excluding its conflict of law rules.
20. Third-Party Beneficiary
You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, Apple has the right to enforce it against you.
21. Contact
Mobinuity Ltd, 24-26 Arcadia Avenue, London N3 2JU, United Kingdom. Email support@mobinuity.com.
22. Changes to this EULA
We may update this Agreement. Material changes will be posted here with a new "Last updated" date before they take effect.