Terms of use

1. AGREEMENT

These Terms of Use ("Terms") form a binding agreement between you and Marcos Antonio Salas Abello, an independent developer ("we", "us", "the Developer"), governing your use of the Ever Clock mobile application for iOS and Android and of everything it contains ("the App").

By downloading, installing or using the App you accept these Terms. If you do not accept them, do not use the App and uninstall it.

Contact: marcos.salas.abello@gmail.com

2. WHAT EVER CLOCK IS

Ever Clock is an ambient clock display. It shows the current time and date on your device's screen using a selection of typographic and analog clock styles, grouped into packs. Some packs are free, some are premium and require either a one-time purchase or a temporary trial.

The App is a decorative and informational display. It is not an alarm clock, a timer, a stopwatch, a calendar, a reference time source, or a safety device.

3. ELIGIBILITY

You must be at least 13 years old to use the App, or at least 16 where local law sets that higher threshold. If you are a minor under the law of your country, you may use the App only with the involvement of a parent or legal guardian, and that parent or guardian must make and authorise any purchase. To make a purchase you must have the legal capacity to enter into a contract and a valid payment method registered with Apple or Google.

4. LICENCE

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own private, non-commercial use, in accordance with these Terms and with the rules of the store from which you obtained the App.

This is a licence, not a sale. All rights not expressly granted are reserved.

5. WHAT YOU MAY NOT DO

You agree not to:

a) copy, modify, adapt, translate, decompile, disassemble or reverse engineer the App, or attempt to derive its source code, except to the extent that applicable law expressly permits this despite this restriction; b) redistribute, sell, rent, lease, sublicense or publish the App or any of its assets, including fonts, artwork, icons, layouts and clock designs; c) remove, obscure or alter any copyright, trademark or other proprietary notice; d) circumvent, disable or interfere with the purchase system, the trial limits, the advertising consent flow or the display of advertisements; e) use automated tools, emulators, modified builds, injected code or any other technique to generate advertisement impressions or rewards that do not correspond to a genuine viewing by a human user, or otherwise to commit advertising fraud; f) use the App in any way that violates applicable law or infringes the rights of others.

Breach of this section terminates your licence immediately.

6. INTELLECTUAL PROPERTY

The App, its source code, its interface, the composition and arrangement of the clock styles, the pack designs, the name "Ever Clock" and its logo belong to the Developer and are protected by intellectual property law.

The App embeds third-party typefaces, licensed for use inside the App under their respective licences (SIL Open Font License, Apache License 2.0 or equivalent). Those licences allow the fonts to be used within the App; they do not transfer any right in the fonts to you, and you may not extract or redistribute them.

7. PURCHASES

Premium packs may be unlocked through in-app purchases:

• —an individual pack purchase, which unlocks that pack; or
• —the "unlock all packs" purchase, which unlocks every premium pack, present and future, included in that offer.

All purchases are one-time purchases. Ever Clock has no subscriptions and charges no recurring fee. Once bought, a pack remains unlocked for the store account that bought it, on the platform where it was bought.

Payment, taxes and billing. Purchases are sold and processed by Apple (App Store) or Google (Google Play) under their own terms. The price displayed includes the taxes applicable in your region as calculated by the store. Prices may differ between countries and may change over time; a change never affects a purchase already made.

Restoring purchases. If you reinstall the App or change device, use "Restore purchases" in Settings, signed in with the same store account. Purchases are tied to your Apple ID or Google account, not to your device, and cannot be transferred between platforms: a purchase made on iOS does not unlock content on Android, or vice versa.

Refunds. We are not the merchant of record and cannot issue refunds directly. Refund requests must be made to Apple (reportaproblem.apple.com) or to Google Play, according to their policies.

Right of withdrawal (EU/UK consumers). Digital content is delivered immediately upon purchase. By completing the purchase you request immediate delivery and acknowledge that you thereby lose your statutory right of withdrawal once delivery has begun, to the extent permitted by law. Your statutory rights regarding content that is faulty or not as described are unaffected.

8. TRIALS

Premium packs can be tried temporarily without buying them:

• —a free trial, available once per pack; and
• —an ad-based trial, available once per pack per calendar day, granted after you watch a rewarded advertisement to the end.

Trial durations are configured remotely and may change at any time. A trial grants temporary access only; it expires automatically and confers no ownership, no credit and no right to compensation. We may modify, suspend or withdraw the trial mechanism at any time, including for a specific pack, without notice. We may also revoke trial access where we detect manipulation of the trial or advertising system.

9. ADVERTISING

The App shows rewarded video advertisements only, and only when you choose to watch one in order to obtain a trial. The reward is granted only if the advertisement is watched to completion; closing it early grants nothing, and no second attempt is guaranteed.

Advertisements are supplied by Google AdMob and its partners. We do not choose, review, endorse or control the specific advertisements shown, and we are not responsible for the content of advertisements, for the products or services advertised, or for any third-party website or application you reach through them. Any dealing you have with an advertiser is between you and that advertiser.

Advertisement availability depends on Google's inventory and on your consent choices, and cannot be guaranteed at any given moment.

10. THIRD-PARTY SERVICES

The App relies on services operated by third parties: Google Firebase (analytics, crash reporting, remote configuration), Google AdMob (advertising), RevenueCat (purchase management) and the Apple App Store and Google Play. Your use of the App is also subject to the terms of those providers, and their availability is outside our control. How these services handle data is described in our Privacy Policy.

11. TIME ACCURACY — IMPORTANT

Ever Clock displays the time and date reported by your device's operating system. It does not synchronise with any independent time server and does not correct or verify your device clock or time zone. Accuracy therefore depends entirely on your device's own configuration, and the display may be wrong if your device clock, time zone or daylight-saving settings are wrong.

Do not rely on the App where accurate timekeeping matters: for medical use, aviation, navigation, driving, professional or sporting timing, examinations, legal deadlines, industrial processes, or any other situation where an incorrect time could cause harm, loss or damage. We accept no liability for reliance on the time displayed.

12. DEVICE USE, SCREEN AND BATTERY — IMPORTANT

Ever Clock is designed to be left on screen, and it can prevent your device from switching the display off while a clock is shown. Leaving a screen on for extended periods increases battery consumption and heat, may accelerate battery wear, and on OLED and AMOLED displays may cause image retention or permanent burn-in, particularly with static, bright, high-contrast elements.

You use the App with these effects in mind, at your own risk. We are not liable for battery degradation, screen burn-in, image retention, overheating or any other consequence of leaving your device powered on and displaying the App. Where you keep a device charging continuously, follow your device manufacturer's guidance.

13. AVAILABILITY AND CHANGES

We may update, modify, add or remove features, packs, clock styles and prices, and we may suspend or discontinue the App entirely, at any time and without notice. We will make reasonable efforts to preserve access to content you have already purchased for as long as the App remains published and technically viable, but we do not guarantee that any specific style, pack or feature will remain available indefinitely.

Some functionality requires a working internet connection and up-to-date operating system versions. We do not guarantee compatibility with every device or with future OS releases.

14. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the App will be uninterrupted, timely, error-free, secure, or free of defects, or that defects will be corrected.

Nothing in these Terms excludes or limits the statutory rights of a consumer that cannot be excluded or limited under the law of the consumer's country of residence.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, nor for loss of profit, data, goodwill, business opportunity or device value, arising out of or in connection with the App, however caused and on any theory of liability.

Our total aggregate liability arising out of or in connection with the App and these Terms shall not exceed the greater of (a) the total amount you actually paid for in-app purchases in the App during the twelve months preceding the event giving rise to the claim, or (b) five euros (EUR 5).

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited under applicable law.

16. INDEMNITY

You agree to hold us harmless from any claim, loss, liability, cost or expense (including reasonable legal fees) arising from your unlawful use of the App or from your breach of these Terms, except to the extent caused by us.

17. TERMINATION

You may terminate this agreement at any time by uninstalling the App. We may suspend or terminate your licence if you breach these Terms, in particular sections 5, 8 and 9. On termination, your right to use the App ceases; sections 6, 11, 12, 14, 15, 16 and 18 survive.

18. GOVERNING LAW AND DISPUTES

These Terms are governed by the law of Spain, excluding its conflict-of-law rules. If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction with mandatory consumer protection rules, you also retain the protection of the mandatory provisions of the law of your country of habitual residence, and you may bring proceedings before the courts of that country.

Any dispute not resolved amicably shall be submitted to the competent courts of Spain, without prejudice to the paragraph above. Before starting any proceeding, please contact us at marcos.salas.abello@gmail.com so we can try to resolve the matter directly.

19. ADDITIONAL TERMS REQUIRED BY APPLE

These provisions apply to the version of the App obtained from the Apple App Store:

a) This agreement is concluded between you and the Developer only, and not with Apple. The Developer alone is responsible for the App and its content. b) Your licence is limited to a non-transferable licence to use the App on Apple-branded devices you own or control, as permitted by the App Store Terms of Service. c) Apple has no obligation to provide any maintenance or support for the App. d) If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. e) The Developer, not Apple, is responsible for addressing any claim relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or privacy legislation. f) The Developer, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes that third party's intellectual property rights. g) You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. h) Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.

20. GENERAL

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and the invalid provision shall be replaced by a valid one that most closely reflects its intent. Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App. You may not assign your rights under these Terms; we may assign ours in connection with a transfer of the App, without prejudice to your rights.

21. CHANGES TO THESE TERMS

We may modify these Terms when the App changes or when the law requires it. The current version is always the one linked from the App's Settings screen. If the changes are material, we will signal them in the App or in the release notes. Continuing to use the App after a change means you accept the revised Terms; if you do not accept them, uninstall the App.

22. CONTACT

Marcos Antonio Salas Abello Email: marcos.salas.abello@gmail.com

Related documents: Privacy Policy — linked from the App's Settings screen Apple Media Services Terms — https://www.apple.com/legal/internet-services/itunes/ Google Play Terms of Service — https://play.google.com/intl/en/about/play-terms/