End-User License Agreement (EULA) for DailySpark

Effective Date: 07.09.2025

Although all the clauses contained in this agreement are standard clauses about software products, it is advised that you read them entirely.

This End-User License Agreement (“EULA”) constitutes an agreement between you and Ausianovich Kanstantsin (herein referred to as the “Owner”) with regard to the DailySpark application for Mobile Phones (herein referred to as “Software Product” or “Software”). By installing or using the Software, you agree to be bound by the terms of this license agreement.

Your use of the Software (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software.

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1. LICENSE

The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single device.

The rights granted herein are subject to your compliance with this EULA. You acknowledge that no title or ownership in the Software is being transferred or assigned, and this EULA is not to be construed as a sale of any rights in the Software.

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2. RESTRICTIONS OF USE

Unless authorized by the Owner, you shall not:

• Make or distribute copies of the Software.

• Transfer the Software from one device to another.

• Decompile, reverse engineer, disassemble, or translate the Software.

• Modify, alter, or create derivative works of the Software.

• Rent, lease, resell, sublicense, or otherwise transfer the Software or this license.

Any attempt to do so shall be void and of no effect.

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3. COPYRIGHT

You acknowledge that no title to the intellectual property in the Software is transferred to you. Title and full ownership rights remain the exclusive property of the Owner.

You shall not remove or obscure the Owner’s copyright, trademark, or other proprietary notices from the Software.

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4. DISCLAIMER OF WARRANTY

The Software is provided “AS IS”, without warranty of any kind.

The Owner disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Software will meet your requirements.

• The Software will operate without interruption or error.

• AI-generated responses will be accurate, complete, or appropriate.

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5. LIMITATION OF LIABILITY

In no event will the Owner be liable for special, incidental, or consequential damages resulting from the possession, access, use, or malfunction of the Software.

This includes, but is not limited to:

• Damages to property.

• Device malfunction.

• Loss of profits, goodwill, or data.

To the maximum extent permitted by law, the Owner’s total liability shall not exceed the amount actually paid by you for using the Software.

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6. PRIVACY

The Software does not collect personal information such as your name, email, or payment details.

Conversations are processed by OpenAI to provide functionality and stored only on your device.

Payment details are handled exclusively by Apple.

Our full Privacy Policy is available in the App Store listing.

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7. INDEMNITY

You agree to indemnify and hold the Owner harmless from any claims, damages, or expenses resulting from your use of the Software or your breach of this EULA.

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8. UPDATES AND MODIFICATIONS

The Owner may release updates or modifications to the Software from time to time.

Your continued use of the Software after such updates constitutes your acceptance of the changes.

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9. AI CONTENT DISCLAIMER

• The Software uses artificial intelligence to generate dialogue suggestions.

• Responses may be inaccurate, offensive, or inappropriate.

• The Software is not intended to provide professional advice (medical, financial, or legal).

• You use AI-generated content at your own risk.

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10. SUBSCRIPTION TERMS

• The Software is available only through a paid subscription.

• Subscription is billed monthly, renews automatically, and can be canceled at any time via Apple App Store account settings.

• There is no free trial period.

• Refunds are not provided by the Owner. Any refunds must be requested through the Apple App Store and are subject to Apple’s refund policy.

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11. AGE RESTRICTIONS

• The Software is not directed to children under 13 years of age.

• Minimum usage ages: 13+ in the United States and most regions, 14+ in Brazil, 12+ in the Republic of Korea.

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12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Lithuania, European Union, without regard to conflict of law principles.

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13. DOCUMENT CHANGES

The Owner reserves the right to modify or replace this EULA at any time. Updates will be published within the Software or App Store listing. Continued use of the Software after changes constitutes acceptance.

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14. CONTACT

For questions regarding this Agreement, please contact:

Ausianovich Kanstantsin

📧 Email: dailysparksapp@gmail.com