GUSTUS APP LICENSE AGREEMENT (BETA TESTING)

Effective Date: 15.12.2024

This License Agreement (the "Agreement") is a legal agreement between you (the "User" or "Tester") and Maximilian Kallina, the developer of the Gustus app (the "App"). By installing or using the App through TestFlight, you agree to the following terms:

1. License Grant

You are granted a non-transferable, non-exclusive, revocable, limited license to download, install, and use the App on your compatible device solely for the purpose of beta testing and providing feedback.

2. Beta Testing and Feedback

The App is provided for beta testing only and may contain bugs or incomplete features. You agree to provide feedback about your experience with the App to assist in its development. Any feedback, suggestions, or ideas you provide become the property of the developer, Maximilian Kallina, and may be used for further development without any obligation to you.

3. Data Collection and Privacy

At present, no personal data is being collected. However, the developer reserves the right to collect data such as crash reports, performance metrics, and usage analytics in the future to improve the App. Any data collected will be used in compliance with the privacy policy. Please refer to our Privacy Policy for more details.

4. Intellectual Property Rights

All intellectual property rights related to the App, including but not limited to the code, designs, logos, and content, are owned by Maximilian Kallina. You agree not to copy, modify, reverse-engineer, decompile, disassemble, or create derivative works based on the App.

5. Confidentiality

You acknowledge that the App, including any new features, functionality, or designs, is confidential. You agree not to disclose, share, or make available any information regarding the App, including screenshots, features, or other details, to third parties without explicit permission from Maximilian Kallina.

6. Termination

Maximilian Kallina reserves the right to terminate or suspend your access to the App at any time, without notice, for any reason. Upon termination, you must immediately cease all use of the App and delete all copies from your device.

7. Disclaimer of Warranties

The App is provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied. Maximilian Kallina does not guarantee that the App will be error-free, uninterrupted, or that any defects will be corrected.

8. Limitation of Liability

To the fullest extent permitted by Austrian law, Maximilian Kallina is not liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to your use of the App, including but not limited to data loss or damage to your device.

9. Governing Law

This Agreement is governed by and construed in accordance with the laws of Austria. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in Austria.

10. Amendments

Maximilian Kallina reserves the right to update or modify this Agreement at any time. You will be notified of any significant changes, and your continued use of the App after such changes signifies your acceptance of the updated terms.

11. Contact Information

If you have any questions or concerns regarding this Agreement, you may contact Maximilian Kallina at maximilian [at] kallina [dot] at.

Consumer Rights Notice

According to the Austrian Consumer Protection Act (KSchG), consumers have certain statutory rights that cannot be limited by this agreement. Nothing in these Terms of Service shall affect these statutory rights.

Right of Withdrawal

As this is a free beta test version, and in accordance with §18 Abs 1 Z 11 FAGG (Austrian Distance Selling Act), no right of withdrawal applies.

Alternative Dispute Resolution and ODR

According to the EU regulation on online dispute resolution (ODR), we are obliged to inform consumers about the European Online Dispute Resolution platform. The platform is available at: https://ec.europa.eu/consumers/odr

Our email for consumer disputes: maximilian [at] kallina [dot] at

Applicable Law and Jurisdiction

For consumers within the EU, the mandatory consumer protection regulations of their country of residence apply, unless the Austrian regulations are more favorable for the consumer. For business customers (B2B), Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law provisions.

By downloading or using the Gustus app through TestFlight, you acknowledge that you have read, understood, and agree to be bound by this License Agreement.