1 License to use the Apps

Ghostyk grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Apps on devices you own or control, in accordance with the applicable app store usage rules and this Agreement. A permitted family-sharing or similar arrangement under an app store’s rules is not prohibited by this license. We license the Apps; we do not transfer ownership of their software or branding to you.

You may use the Apps for lawful social, cultural, political and other purposes allowed by the Terms of Use. Your access to paid features depends on the plan shown in the app and the Terms of Use. The informational website at www.ghostyk.com is not itself licensed software under this Agreement.

2 Restrictions and ownership

You may not copy, sell, sublicense, distribute, modify or reverse engineer the Apps or their software, except where applicable law expressly permits an activity or Ghostyk gives written permission. You may not remove ownership notices, interfere with security or operation, introduce malicious code, or access the Apps through unauthorized automation. Ghostyk and its licensors retain ownership of the Apps, software, design and trademarks. Your own posts, videos, messages and other user content remain yours or the applicable owner’s; permissions for that content are set out in the Terms of Use.

3 Accounts and data

You must be at least 18 and comply with the eligibility and account security rules in the Terms of Use. The Terms of Use also describe free viewing, paid plans, moderation, cancellation, account deletion and the seven-day period following expiry of a paid plan. If the plan is not repurchased within that period, the account and associated data are erased as described there. You can request deletion through the app at any time. The Privacy Policy describes our data practices and the limits that apply to deletion of copies held independently by others or records subject to a nonwaivable legal requirement.

4 Updates and support

We may provide updates, fixes or changes to the Apps. An update may be needed to maintain security or compatibility. We will give notice of material changes where required or reasonably practical. Some functions may depend on your device, operating system, internet connection or third-party services. You are responsible for your own mobile and data charges. For support or complaints about the Apps, contact info@ghostyk.com. Ghostyk, not Apple or Google, is responsible for maintenance and support required under this Agreement or applicable law; Apple and Google have no obligation to provide such support for Ghostyk.

5 Apple App Store terms

This section applies only to an App obtained through Apple’s App Store. The license permits use on Apple-branded products you own or control as allowed by Apple’s applicable usage rules. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you after you accept it.

Ghostyk is responsible, to the extent required by law, for addressing claims about the App or your possession and use of it, including product liability, compliance with legal requirements and consumer protection claims. If a third party claims that the App or your use of it infringes intellectual property rights, Ghostyk, not Apple, is responsible for investigating and addressing that claim to the extent required by law.

If the Apple-distributed App fails to conform to an applicable warranty, you may notify Apple. Apple may refund the purchase price, if any, that you paid Apple for the App; to the maximum extent permitted by law, Apple has no other warranty obligation for it. Ghostyk remains responsible for other warranty claims to the extent required by law. A refund of an App download price, if any, is distinct from a refund of a paid Ghostyk plan processed by another payment provider.

You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorism-supporting country, and that you are not on a U.S. Government list of prohibited or restricted parties.

6 Google Play and other third-party terms

If you obtain the Android App through Google Play, your use must comply with applicable Google Play terms. When using either App, you must also comply with applicable third-party terms for your device, network and services you choose to use. Nothing in this Agreement makes Google a party to your agreement with Ghostyk or gives Google the Apple-specific rights described in section 5.

7 Availability and liability

We aim to provide the Apps with reasonable care and skill as required by applicable law, but cannot promise uninterrupted or error-free access. To the extent permitted by law, neither party is liable for losses that were not reasonably foreseeable when this Agreement was agreed. We do not exclude or limit liability where prohibited by law, including applicable liability for fraud, intentional misconduct or personal injury caused by negligence. Nothing in this Agreement limits mandatory consumer or data-protection rights. Additional responsibilities relating to user content are set out in the Terms of Use.

8 Ending the license

You may stop using the Apps and delete your account through the app as described in the Terms of Use. We may suspend or end your license if your access to the Service ends under the Terms of Use, or if you materially breach this Agreement. When the license ends, you must stop using the Apps and may uninstall them. Account-data deletion follows the Terms of Use and Privacy Policy. Deleting an account does not automatically create a refund for unused paid time; refund rules and available remedies are in the Payment Policy.

9 Changes and disputes

We may update this Agreement with reasonable notice of material changes through the app, email or another appropriate method. Changes take effect on the date stated and do not retroactively remove rights already accrued. If you disagree, you may stop using the Apps and close your account.

For a dispute, contact info@ghostyk.com so we can try to resolve it informally. Delaware law governs this Agreement to the extent that choice is permitted. This choice does not deprive consumers of mandatory protections or legal remedies available where they reside. Courts with jurisdiction under applicable law may hear disputes. This Agreement does not require mandatory arbitration or waive a right to participate in a class action.

10 General

If a provision is unenforceable, the remaining provisions continue to apply and the affected provision applies only to the extent permitted by law. A delay in enforcing a right does not waive it. We may transfer this Agreement with the Service or business, subject to applicable law and without reducing your rights. You may not transfer your account to another person without our consent.