End User Licence Agreement

This End User Licence Agreement ("EULA") is between you and Goadvert iAdvertise (Private) Limited ("we", "us"), the company that makes the Gists apps for iPhone and Android and the website at gists.chat. It covers your right to install and use the Gists app. Our Terms of Service, Community Guidelines and Privacy Policy also apply. If they conflict with this EULA about the app itself, this EULA wins.

By downloading, installing or using the app you agree to this EULA. If you don't agree, don't install or use the app.

1. Your licence

We give you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Gists app on devices you own or control, for your own use and as allowed by the rules of the app store you got it from. We own the app, its code, design, name and logo; this EULA does not sell them to you or give you any other rights in them.

2. What you must not do

• copy, change, translate or make works based on the app, except as the law allows;
• take the app apart, decompile or reverse engineer it, or try to get its source code, except as the law allows;
• rent, lend, sell, sublicense or share the app with others;
• use bots, scrapers or automated tools to use Gists, collect other people's information, or send messages in bulk;
• get round, switch off or interfere with security, rate limits, age checks or other protections;
• try to get into accounts, systems or data that aren't yours, or overload or disrupt Gists;
• use the app to break any law, or to harm, harass, threaten, deceive or exploit anyone.

3. Zero tolerance for objectionable content and abusive users

Gists has no tolerance for objectionable content or abusive behaviour. That includes sexual content involving anyone under 18, sexual exploitation, nudity shared without consent, threats, harassment and bullying, hate speech, content that encourages violence, self-harm or terrorism, scams, and illegal goods. You can report any Gist, comment, message, profile, group or channel, and block anyone. We review reports, normally within 24 hours, remove content that breaks our rules, and remove the accounts of people who post it. Where the law requires, we report it to the authorities.

4. Your content and other people's content

You are responsible for what you post and send. Your content stays yours, and you give us the licence described in our Terms of Service so we can run Gists. Content from other people is theirs, not ours. We don't check everything before it appears and we are not responsible for it, but we act on reports as described above.

5. Updates and changes

We may update the app to fix problems, improve security or add and remove features. Some updates may be needed to keep using Gists. We may change this EULA; if a change matters, we'll tell you in the app or by email before it takes effect, and continuing to use the app means you accept it.

6. Other services

The app uses services from other companies, such as Apple and Google for sign-in and notifications, GIPHY for GIFs and Cloudflare for storing media. Their own terms apply to them, and we are not responsible for them.

7. Ending this licence

This licence lasts until you or we end it. You can end it by deleting the app and your account. It ends automatically if you break this EULA, and we may suspend or end your access if you break it or our other terms, or if the law requires it. When it ends, you must stop using and delete the app. Sections 3, 4, 8, 9, 10 and 13 continue after it ends.

8. No warranty

As far as the law allows, the app is provided "as is" and "as available", without any promises that it will work without interruption or errors, be secure, or meet your needs. We don't make any warranty about content posted by users.

9. Limits on our liability

As far as the law allows, we are not liable for indirect, incidental, special or consequential losses, lost profits, lost data, or losses caused by other users or other services. Our total liability to you for all claims about the app is limited to the greater of what you paid us in the 12 months before the claim and US$50. Nothing in this EULA limits liability that the law does not allow to be limited, such as for fraud or for death or personal injury caused by negligence.

10. Your responsibility to us

If you break this EULA or the law, or post content that infringes someone else's rights, and someone makes a claim against us because of it, you agree to cover our reasonable losses and costs from that claim, as far as the law allows.

11. If you got the app from Apple's App Store

• This EULA is between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your licence is limited to using the app on Apple-branded devices you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support for the app. Contact us for support.
• If the app fails to meet any warranty that applies by law, you may tell Apple, and Apple will refund what you paid for the app (Gists is free). As far as the law allows, Apple has no other warranty obligation for the app; any other claims, losses or costs from a failure to meet a warranty are ours to deal with, as set out in this EULA.
• We, not Apple, are responsible for any claims by you or anyone else about the app or your use of it, including product liability claims, claims that the app doesn't meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If anyone claims that the app or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not in a country that is subject to a United States Government embargo or that the United States Government has designated as a "terrorist supporting" country, and that you are not on any United States Government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the app, such as your mobile network's.
• Apple and its subsidiaries are third-party beneficiaries of this EULA. Once you accept it, Apple has the right to enforce it against you as a third-party beneficiary.

12. If you got the app from Google Play

Google Play's terms also apply to your download. Google is not responsible for the app or for supporting it.

13. Law and disputes

This EULA is governed by the laws of Zimbabwe. If you have a problem, please contact us first so we can try to sort it out within 30 days. If we can't, the courts of Zimbabwe deal with the dispute, unless the law where you live gives you the right to go to your local courts. If any part of this EULA can't be enforced, the rest still applies. If we don't enforce a part straight away, we can still enforce it later.

14. Contact

Goadvert iAdvertise (Private) Limited, 21 Glenara Avenue South, Eastlea, Harare, Zimbabwe. Email [email protected].