End User License Agreement (EULA)

1.1 Scope of License

Subject to your compliance with this EULA, Nikolas Lester Zral grants you a:

Limited - Restricted to uses specified in this EULA

Non-Exclusive - Not exclusive to you; others may also use the App

Non-Transferable - Cannot be transferred to others

Revocable - Can be terminated as specified in Section 10

Personal - For personal, non-commercial use only (unless otherwise licensed)

License to:

• Download and install the App on iOS devices you own or control
• Use the App for personal, non-commercial purposes
• Generate app prototypes and code using AI services
• Export and use generated code subject to Section 6

1.2 Subscription-Based Access

Access Tiers:

Free Plan:

• Limited to 2 generations and 1 edit per day
• Access to basic features only
• No cost, no subscription required

Maker Subscription ($9.99 USD/month):

• 50 generations and 25 edits per day
• Access to advanced libraries
• Priority processing

Pro Subscription ($19.99 USD/month):

• Unlimited generations and edits
• All premium features
• Priority support

Duration: License is valid for the duration of your active subscription or while using the Free Plan.

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2.1 Prohibited Actions

You Agree NOT To:

Reverse Engineering & Modification:

• ❌ Reverse engineer, decompile, or disassemble the App
• ❌ Attempt to derive source code from the App
• ❌ Modify, translate, or create derivative works of the App
• ❌ Remove or alter any proprietary notices, labels, or marks

Commercial Misuse:

• ❌ Use the App for commercial purposes without prior written consent
• ❌ Rent, lease, lend, sell, sublicense, or redistribute the App
• ❌ Use the App to provide services to third parties
• ❌ Resell generated code without substantial modification

Technical Violations:

• ❌ Circumvent or bypass any security features or limitations
• ❌ Use automated systems or bots with the App
• ❌ Interfere with or disrupt the App or servers
• ❌ Access the App using unauthorized means

Content Violations:

• ❌ Generate content that is illegal, harmful, or objectionable
• ❌ Use the App to violate intellectual property rights
• ❌ Create apps that violate applicable laws or regulations
• ❌ Generate content that promotes hate, violence, or discrimination

Sharing & Distribution:

• ❌ Share your subscription credentials with others
• ❌ Allow multiple users to access your subscription
• ❌ Distribute the App outside official App Store channels

2.2 Geographic Restrictions

You May NOT:

• Use the App in countries subject to embargo or sanctions
• Use the App if you are on a restricted party list
• Use the App in violation of export control laws

Embargoed Countries (subject to change):

• Countries subject to U.S., Canadian, or international sanctions

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3.1 Responsible Use

You agree to use the App:

• ✅ In accordance with all applicable laws and regulations
• ✅ In compliance with this EULA and our Terms of Service
• ✅ Respectfully and ethically
• ✅ For lawful purposes only

3.2 Content Standards

Generated content must NOT:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Be defamatory, obscene, or offensive
• Promote illegal activities
• Contain malicious code or harmful content
• Violate privacy or data protection laws

3.3 Enforcement

Violation Consequences:

• Immediate termination of license
• Suspension or deletion of account
• Forfeiture of subscription fees
• Legal action if applicable
• Reporting to authorities if required by law

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4.1 Subscription Plans

Free Plan:

• No payment required
• Limited daily usage
• Subject to usage restrictions

Maker Subscription:

• Price: $9.99 USD per month
• Billing: Monthly through Apple ID
• Renewal: Automatic unless cancelled

Pro Subscription:

• Price: $19.99 USD per month
• Billing: Monthly through Apple ID
• Renewal: Automatic unless cancelled

4.2 Payment Terms

Billing:

• Charged to your Apple ID at purchase confirmation
• Prices in USD; converted to local currency by Apple
• Applicable taxes added as required by jurisdiction

Auto-Renewal:

• Subscriptions renew automatically
• Cancel at least 24 hours before current period ends to avoid renewal
• Account charged within 24 hours prior to period end
• No refunds for partial periods

Free Trial:

• New subscribers may receive free trial (if offered)
• Trial period displayed before purchase
• Cancel during trial to avoid charges
• One trial per user/household

4.3 Subscription Management

How to Manage:

1. Open iOS Settings

2. Tap your name

3. Select Subscriptions

4. Choose Obra

5. Modify or cancel

Changes Take Effect:

• Cancellations: End of current billing period
• Upgrades: Immediately
• Downgrades: Next billing period

4.4 Refunds

Refund Policy:

• All refunds processed by Apple
• Subject to Apple's refund policies
• We cannot issue refunds directly
• Request refunds at reportaproblem.apple.com

Apple's Refund Criteria:

• Generally within 14 days of purchase
• Case-by-case basis
• Technical issues may qualify
• Change of mind may not qualify

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5.1 Privacy Policy Integration

Your use of the App is governed by our Privacy Policy, incorporated into this EULA by reference.

Key Privacy Principles:

• ✅ Data stored locally on your device
• ✅ No collection of personal information
• ✅ Minimal data transmission to AI providers
• ✅ No tracking or analytics
• ✅ Full transparency on data use

Review Full Policy: https://obraos.com/privacy

5.2 Data Processing

Local Data:

• Generated apps stored on your device
• Settings and preferences stored locally
• Usage counters (Free tier) stored locally
• Protected by iOS security and encryption

Transmitted Data:

• Text prompts sent to Anthropic Claude API
• Icon requests sent to OpenAI API
• Images processed via OpenAI Vision API
• Subscription status with Apple

Important: We do not store your prompts or generated content on our servers.

5.3 Third-Party Privacy Policies

Review These Policies:

• Anthropic: https://anthropic.com/privacy
• OpenAI: https://openai.com/privacy
• Apple: https://apple.com/legal/privacy

5.4 Your Privacy Rights

You Have the Right To:

• Access your local data at any time
• Delete all data by uninstalling the App
• Request data deletion from AI providers
• Exercise regional privacy rights (GDPR, CCPA, etc.)

Contact: privacy@obraos.com

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6.1 Licensor's Rights

Obra Ownership:

Nikolas Lester Zral owns all rights, title, and interest in:

• The Obra App and its source code
• App design, features, and functionality
• Obra trademarks, logos, and branding
• Documentation and help materials
• All intellectual property rights

Protection:

• Protected by Canadian copyright law
• Protected by international treaties
• Protected by trademark law
• Protected by trade secret law

This EULA Does NOT Grant You:

• Ownership of the App
• Rights to Obra trademarks
• Rights to redistribute the App
• Rights to create derivative works of the App

6.2 Your Content Rights

Input Prompts & Images:

• You retain full ownership
• We do not claim ownership
• We use them only for processing
• Deleted after generation (not stored by us)

Generated Code & Apps:

You receive a non-exclusive license to:

• ✅ Use generated code in personal projects
• ✅ Modify and customize generated code
• ✅ Study generated code for learning
• ✅ Use as a development reference

Important Limitations:

You May NOT (Without Substantial Modification):

• ❌ Submit generated apps to App Store as-is
• ❌ Claim generated code as entirely original work
• ❌ Resell unmodified generated code
• ❌ Redistribute templates without changes

Commercial Use Requirements:

• Must substantially modify generated code
• Must add original functionality
• Must test and validate thoroughly
• Must ensure code meets production standards
• Must comply with App Store guidelines

6.3 AI-Generated Content

Important Considerations:

AI Providers' Terms:

• Content generated using Anthropic Claude may be subject to Anthropic's terms
• Content generated using OpenAI may be subject to OpenAI's terms
• Review their policies for commercial use restrictions

No Guarantee of Uniqueness:

• AI may generate similar code for similar prompts
• Multiple users may receive similar outputs
• Generated code may resemble existing code patterns
• You are responsible for ensuring originality

Disclaimer:

We do not guarantee that generated content:

• Is unique or original
• Does not infringe third-party rights
• Is suitable for commercial use
• Meets any particular standards

Your Responsibility:

• Verify generated code does not infringe rights
• Ensure compliance with all applicable licenses
• Add sufficient original work for copyright
• Comply with App Store and legal requirements

6.4 Trademarks

Obra Marks:

• "Obra" name and logo are trademarks
• Use prohibited without written permission
• Do not imply endorsement or affiliation

Third-Party Marks:

• Apple, iOS, App Store are Apple Inc. trademarks
• Anthropic, Claude are Anthropic trademarks
• OpenAI, DALL-E, ChatGPT are OpenAI trademarks
• All marks belong to respective owners

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7.1 "AS IS" Provision

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We Specifically Disclaim:

Implied Warranties:

• ❌ Merchantability
• ❌ Fitness for a particular purpose
• ❌ Non-infringement
• ❌ Title

Performance Warranties:

• ❌ Error-free operation
• ❌ Uninterrupted service
• ❌ Compatibility with all devices
• ❌ Meeting your expectations

Content Warranties:

• ❌ Accuracy of generated code
• ❌ Security of generated code
• ❌ Completeness of generated code
• ❌ Suitability for production use

7.2 Generated Code Disclaimer

IMPORTANT WARNINGS:

Generated Code Is:

• For reference and educational purposes
• Not guaranteed to be error-free
• Not guaranteed to be secure
• Not guaranteed to be production-ready
• Not guaranteed to be optimized
• Not guaranteed to meet your needs

You Must:

• ⚠️ Test all generated code thoroughly
• ⚠️ Review for security vulnerabilities
• ⚠️ Validate functionality before use
• ⚠️ Add proper error handling
• ⚠️ Ensure accessibility compliance
• ⚠️ Verify compliance with laws and regulations

We Are NOT Responsible For:

• Bugs or errors in generated code
• Security vulnerabilities
• Data loss or corruption
• Performance issues
• Compatibility problems
• App Store rejections

7.3 Third-Party Services

No Warranty For:

• Anthropic Claude API availability
• OpenAI API availability
• Quality of AI-generated content
• Third-party service compliance
• Third-party data practices

Disclaimer:

We are not responsible for third-party service failures, inaccuracies, or terms violations.

7.4 No Professional Advice

The App Does NOT Provide:

• Legal advice or legal review
• Professional development services
• Security audits or code reviews
• Technical support for generated code
• Production-ready applications

Consult Professionals:

For production applications, consult:

• Professional developers
• Security experts
• Legal counsel
• Accessibility consultants

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8.1 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED:

Free Users:

• Maximum Liability: $0 USD

Maker Subscribers:

• Maximum Liability: $119.88 USD
• (12 months × $9.99/month)

Pro Subscribers:

• Maximum Liability: $239.88 USD
• (12 months × $19.99/month)

8.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

Indirect Damages:

• Loss of profits or revenue
• Loss of business opportunities
• Loss of anticipated savings
• Loss of goodwill or reputation
• Loss of data or information

Consequential Damages:

• Damages arising from third-party claims
• Damages from service interruptions
• Damages from software defects
• Damages from AI errors
• Damages from generated code issues

Special or Incidental Damages:

• Cost of substitute services
• Cost of correcting defects
• Cost of legal proceedings
• Cost of recovery or restoration

Third-Party Damages:

• Damages caused by Apple
• Damages caused by AI providers
• Damages caused by other users
• Damages from internet failures

8.3 Essential Purpose

These limitations apply even if:

• We were advised of the possibility of damages
• The limited remedy fails of its essential purpose
• Damages were foreseeable
• Damages were caused by our negligence (where permitted by law)

8.4 Jurisdictional Limitations

Where Prohibited:

• Some jurisdictions don't allow limitation of liability
• Consumer protection laws may provide additional rights
• Mandatory local laws take precedence
• These limitations apply to extent permitted by law

Death or Personal Injury:

• We do not limit liability for death or personal injury caused by negligence (where prohibited by law)

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9.1 Your Indemnification Obligation

You Agree to Indemnify and Hold Harmless:

• Nikolas Lester Zral
• Obra
• Affiliates and partners
• Licensors and service providers
• Officers, directors, employees, and agents

From Claims Arising From:

• Your use or misuse of the App
• Your violation of this EULA
• Your violation of third-party rights
• Content you generate or distribute
• Your violation of applicable laws
• Your breach of representations or warranties

Including:

• Legal fees and costs
• Settlement amounts
• Judgments and awards
• Investigation costs
• Damage to reputation

9.2 Defense & Settlement

Our Rights:

• We may assume exclusive defense of claims
• We may settle claims at our discretion
• You must cooperate in defense
• You may not settle without our consent

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10.1 Term

This EULA is effective from the date you first install or use the App and continues until terminated.

Subscription Duration:

• Free: Ongoing until terminated
• Maker: Monthly until cancelled
• Pro: Monthly until cancelled

10.2 Termination by You

You May Terminate By:

• Uninstalling the App from all devices
• Cancelling your subscription in iOS Settings
• Ceasing to use the App

Effects of Your Termination:

• License immediately terminates
• Access to subscription features ends at period end
• Local data remains until you delete the App
• No refunds for unused subscription time

10.3 Termination by Us

We May Terminate Immediately If:

• You breach this EULA
• You violate our Terms of Service
• You engage in fraudulent or illegal activity
• You abuse or attack the service
• Required by law or regulation
• Service is discontinued
• Subscription payment fails

Effects of Our Termination:

• Immediate loss of access
• Cancellation of subscription
• No refund of fees
• Certain provisions survive

Notice:

• We will attempt to provide notice
• May terminate without notice for serious violations
• Notice sent to last known contact

10.4 Survival

The Following Sections Survive Termination:

• Intellectual Property Rights (Section 6)
• Disclaimers & Warranties (Section 7)
• Limitation of Liability (Section 8)
• Indemnification (Section 9)
• Governing Law (Section 11)
• Dispute Resolution (Section 12)

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11.1 Choice of Law

This EULA is Governed By:

• Laws of British Columbia, Canada
• Federal laws of Canada where applicable
• Without regard to conflict of law provisions

Language: English is the governing language.

11.2 Jurisdiction & Venue

Legal Proceedings:

• Exclusive jurisdiction: Courts of British Columbia, Canada
• Venue: Vancouver, British Columbia
• Language: English
• Costs: As determined by court

11.3 International Considerations

For Users Outside Canada:

United States:

• Subject to applicable federal and state laws
• California users: CCPA rights apply
• Local consumer protections respected

European Union:

• GDPR compliance maintained
• EU consumer protections apply
• EU ODR platform available: https://ec.europa.eu/consumers/odr

United Kingdom:

• UK GDPR and consumer protections apply
• UK courts may have jurisdiction for UK residents

Other Jurisdictions:

• Mandatory local laws respected
• Consumer protections honored
• Local dispute resolution available

11.4 Export Compliance

You Agree to Comply With:

• Canadian export control laws
• U.S. export control laws (if applicable)
• International trade regulations
• Economic sanctions and embargoes

Prohibited Use:

• Countries subject to embargo
• Restricted party lists
• Sanctioned entities or individuals

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12.1 Informal Resolution (Required First Step)

Before Legal Action, You Must:

1. Email legal@obraos.com with detailed dispute description

2. Provide contact information and account details

3. Allow 30 days for good-faith resolution attempt

4. Engage in reasonable negotiation

We Will:

• Respond within 5 business days
• Investigate the issue
• Propose resolution if possible
• Negotiate in good faith

12.2 Formal Proceedings

If Informal Resolution Fails:

Mediation (Optional):

• Parties may agree to mediation
• Mediator costs shared equally
• Non-binding unless agreed otherwise

Litigation:

• File in courts of British Columbia, Canada
• Follow rules of civil procedure
• English language proceedings
• Costs per court determination

12.3 Class Action Waiver

WHERE PERMITTED BY LAW:

You Agree:

• To bring claims individually only
• Not to participate in class actions
• Not to participate in collective actions
• To opt out within 30 days if you disagree

Opt-Out Procedure:

• Email: legal@obraos.com
• Subject: "Class Action Waiver Opt-Out"
• Include name and account details

Where Prohibited:

• This waiver does not apply in jurisdictions where prohibited by law

12.4 Small Claims Exception

You may bring individual claims in small claims court if:

• Claim qualifies under small claims rules
• Claim is within monetary limits
• Brought in proper jurisdiction

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13.1 App Updates

We May:

• Release updates and new versions
• Fix bugs and security issues
• Add or remove features
• Change functionality

Your Obligations:

• Keep App updated
• Review update notes
• Accept updated EULA if required

No Guarantee:

• Updates not guaranteed
• Support for old versions not guaranteed
• Features may change or be removed

13.2 EULA Modifications

We May Modify This EULA:

• To reflect legal changes
• To add new features
• To clarify existing terms
• To address new issues

Notification:

• Update "Effective Date" at top
• In-app notification
• Email (if you've contacted us)
• App Store update notes

Your Options:

• Accept: Continue using App
• Decline: Stop using App

Material Changes:

• 30 days' notice for significant changes
• Existing subscriptions honored until renewal

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14.1 Acknowledgment

This EULA is Between You and Nikolas Lester Zral:

• NOT between you and Apple
• Apple is not a party to this EULA
• Apple is not responsible for the App

14.2 Apple's Role

Apple:

• Is not responsible for addressing claims
• Has no warranty obligations
• Is not liable for any damages
• Has no maintenance or support obligations

14.3 Product Claims

For Claims About the App:

• Contact us, not Apple
• We are responsible for addressing claims
• Apple has no obligation to handle claims

14.4 Intellectual Property Claims

For IP Infringement Claims:

• We are responsible for investigation and defense
• Apple is not involved in IP disputes
• Notify us immediately of any claims

14.5 Third-Party Beneficiary

Apple as Beneficiary:

• Apple is a third-party beneficiary of this EULA
• Apple may enforce this EULA against you
• Apple may defend rights under this EULA

14.6 Subscription Terms

Apple In-App Purchase:

• All subscriptions via Apple's system
• Subject to Apple's terms
• Managed in iOS Settings
• Refunds via Apple Support

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15.1 Entire Agreement

This EULA, together with:

• Our Terms of Service
• Our Privacy Policy
• Apple's Terms and Conditions

Constitute the entire agreement between you and Obra regarding the App.

Supersedes:

• Prior agreements
• Prior discussions
• Marketing materials
• Verbal representations

15.2 Severability

If any provision is found unenforceable:

• That provision is limited to extent necessary to make it enforceable
• OR removed if it cannot be made enforceable
• Remaining provisions continue in full effect

15.3 Waiver

No Waiver:

• Failure to enforce any provision ≠ waiver
• Waiver of one breach ≠ waiver of future breaches
• Waivers must be in writing and signed

15.4 Assignment

Your Rights:

• You may NOT assign this EULA without our consent
• Attempted assignment is void

Our Rights:

• We may assign to affiliates or successors
• Assignment does not require your consent
• You will be notified of material assignments

15.5 Force Majeure

We Are Not Liable for Delays Due To:

• Natural disasters (earthquakes, floods, etc.)
• War, terrorism, or civil unrest
• Government actions or regulations
• Pandemics or health emergencies
• Internet or telecommunications failures
• Strikes or labor disputes
• Acts beyond our reasonable control

Effects:

• Performance excused during force majeure
• Obligations resume when event ends
• No liability for delays or failures

15.6 Notices

Notices to You:

• Via email (if provided)
• Via in-app notification
• Via App Store update notes
• Deemed received when sent

Notices to Us:

Email: legal@obraos.com

Mail: Nikolas Lester Zral, Obra Legal, British Columbia, Canada

15.7 Language

Governing Language:

• English is the official language
• Translations provided for convenience
• English version controls in conflicts

15.8 Headings

Section headings are for convenience only and do not affect interpretation.

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