Mobile App End User License Agreement (EULA)

This End User License Agreement (the "EULA" or "Agreement") is a binding contract between you (the "User", "you") and Tanqory Inc., a Delaware corporation ("Tanqory", "we", "us", "our"). It governs your installation and use of the Tanqory merchant mobile applications for Apple iOS and Google Android (each, the "App").

This EULA is read together with the Tanqory Terms of Service (platform/terms-of-service.md), the Tanqory Privacy Policy (platform/privacy-policy.md), the Tanqory Mobile App Privacy Disclosures (platform/mobile-app-privacy-disclosures.md), and the Tanqory Acceptable Use Policy (platform/acceptable-use-policy.md). To the extent of any conflict between this EULA and any of those documents in respect of mobile-app-specific matters, this EULA governs.

By installing, accessing, or using the App, you agree to be bound by this EULA. If you do not agree, do not install or use the App.

1) Scope and binding effect

1.1 This EULA applies to the native Tanqory merchant applications published for Apple iOS (implemented in Swift) and Google Android (implemented in Kotlin), including any updates, upgrades, new versions, supplements, and replacement components that Tanqory makes available from time to time (collectively, the "App"). It does not apply to the Tanqory web administration console, to customer-facing storefronts rendered by the Tanqory commerce engine, or to third-party applications that integrate with Tanqory.

1.2 The App is a business-to-business tool intended for use by merchants and their authorized personnel in operating a Tanqory store. It is not directed to consumers acting in a personal capacity and is not directed to children. By using the App, you represent that (a) you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into this EULA, and (b) you are using the App on behalf of a merchant that has accepted the Tanqory Terms of Service or are authorized by such merchant to do so.

2) License grant

2.1 Subject to your compliance with this EULA, Tanqory grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on a mobile device that you own or control, solely for the purpose of operating a Tanqory store on behalf of the merchant for which you have an authorized account.

2.2 The license is granted for the App in object code form only. No rights are granted under this EULA in or to the source code, internal logic, data structures, or non-public APIs of the App or of the Tanqory platform.

2.3 If you obtained the App through the Apple App Store, the license is further limited to use on an Apple-branded product that you own or control, as required by the Apple App Store Terms (see §13).

2.4 If you obtained the App through Google Play, the license is further limited as required by the Google Play Terms of Service and Google Play Developer Distribution Agreement (see §14).

3) Permitted use

3.1 You may use the App only for the following purposes:

• (a) Day-to-day operation of a Tanqory merchant store (order management, inventory, customer enquiries, basic analytics).
• (b) Use of in-app features that Tanqory makes generally available, subject to feature-specific terms surfaced in the App.
• (c) Such other uses as Tanqory expressly authorizes in writing.

3.2 Your use of the App is at all times subject to the Tanqory Acceptable Use Policy. Conduct prohibited by the AUP is also prohibited under this EULA.

4) Restrictions

4.1 You will not, and will not permit any person to:

• (a) Copy, modify, adapt, translate, or create derivative works of the App (except as expressly permitted by applicable law that cannot be lawfully waived).
• (b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or non-public APIs of the App or any part of the Tanqory platform.
• (c) Rent, lease, lend, sell, sublicense, distribute, transfer, or assign the App or any rights under this EULA to any third party.
• (d) Remove, obscure, or alter any proprietary notices, labels, or marks in the App.
• (e) Circumvent, disable, or interfere with any security, authentication, rate-limiting, or feature-gating mechanism of the App or the Tanqory platform.
• (f) Use the App in connection with any product, service, or activity that competes with Tanqory.
• (g) Use the App to develop, train, or benchmark any model, algorithm, or competing service without Tanqory's prior written consent.
• (h) Use the App in or in connection with any High-Risk Activities, defined as activities where the App's failure could reasonably be expected to lead to death, personal injury, or severe physical, environmental, or property damage (e.g., aircraft navigation, nuclear facilities, life support).

5) Account, credentials, and biometric unlock

5.1 To use the App, you sign in to an existing Tanqory account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, except to the extent caused by Tanqory.

5.2 The App supports biometric unlock using Face ID and Touch ID on iOS and the Android biometric framework. The biometric match is performed entirely on the device by the operating system. Tanqory does not receive, transmit, collect, or store any biometric identifier or biometric template; the App receives only a success-or-failure signal from the operating system. See Mobile App Privacy Disclosures Section 9 for further detail.

6) Updates, changes, and continued availability

6.1 Tanqory may from time to time release updates, upgrades, bug fixes, and new versions of the App. Some updates may be required for continued use of the App; in such cases, the App may prompt you to update, and certain features may be limited or unavailable until you do so.

6.2 Tanqory may add, change, or discontinue features of the App in its reasonable discretion, including for security, regulatory, or operational reasons. Tanqory will use commercially reasonable efforts to provide reasonable advance notice of any material change that adversely affects merchant operations; emergency changes (security, fraud, abuse, regulatory) may be made without prior notice.

7) Subscriptions, in-app purchases, and pricing

7.1 The App itself is free to download. Use of the Tanqory platform requires an active subscription procured through Tanqory's web Pricing page or an executed Order Form. Subscription terms are set out in the Tanqory Subscription Policy (commerce/subscription-policy.md) and the Tanqory Pricing Disclosure Policy (commerce/pricing-disclosure-policy.md).

7.2 In-app purchases (IAP) routed through the Apple App Store or Google Play, if and when offered, are subject to (a) the Apple Media Services Terms and Conditions or the Google Play Terms of Service, as applicable, and (b) Tanqory's separate mobile-pricing source-of-truth when published. Mobile IAP prices are not asserted to match web prices to the cent (see Pricing v1.1 mobile_iap_pricing.separate_from_web_pricing).

7.3 Refunds for IAP-routed purchases are processed by Apple or Google in accordance with their respective storefront policies. Refunds for web-billed subscriptions follow the Tanqory Refund and Return Policy (platform/refund-and-return-policy.md).

8) Account deletion

8.1 You may request deletion of your Tanqory account at any time through the Data Deletion Request workflow described in user-rights/data-deletion-request.md. As of the effective date of this EULA, an in-app account-deletion path is being developed for the App; see Mobile App Privacy Disclosures Section 12 for the current status.

8.2 Where Apple App Store or Google Play requires an in-app account-deletion path as a condition of distribution, Tanqory will provide such a path before submitting or renewing the App listing. Deletion through the App will remove account-profile and app-usage data; certain data may be retained where retention is required by law (tax, accounting, fraud prevention) as described in the Privacy Policy.

9) Third-party services and content

9.1 The App integrates third-party services as described in Mobile App Privacy Disclosures (push notifications, analytics, image processing, payments, etc.). Your use of those services is subject to their own terms and privacy policies. Tanqory does not control those services and is not responsible for them.

9.2 The App may display or link to third-party content. Tanqory does not endorse, and is not responsible for, third-party content.

10) Ownership and intellectual property

10.1 The App, the Tanqory platform, and all related Tanqory trademarks, service marks, logos, trade names, and other Tanqory intellectual property are and remain the property of Tanqory and its licensors. No rights are granted to you other than the limited license expressly stated in §2. All other rights are reserved.

10.2 If you provide Tanqory with any feedback, suggestions, ideas, or recommendations regarding the App (collectively, "Feedback"), you grant Tanqory a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate the Feedback into the App and Tanqory platform without restriction or compensation.

11) Privacy

11.1 Tanqory processes personal data in connection with the App as described in the Tanqory Privacy Policy and the Mobile App Privacy Disclosures. By using the App, you acknowledge that personal data may be collected, used, and transferred as described in those documents.

11.2 Tanqory OÜ acts as Tanqory's GDPR Article 27 representative for users in the EU/EEA. See Privacy Policy for contact details.

12) Termination

12.1 This EULA is effective until terminated. You may terminate by uninstalling the App from all devices on which you have installed it and ceasing to use it. Tanqory may suspend or terminate your license under this EULA at any time, with or without notice, if you breach this EULA, if your underlying Tanqory account is suspended or terminated, or if Tanqory discontinues the App.

12.2 Upon termination, your license to the App ends, you must uninstall and cease using the App, and §§4 (Restrictions), 10 (Ownership), 13 (Apple-specific terms), 14 (Google Play-specific terms), 15 (Warranty disclaimer), 16 (Limitation of liability), 17 (Governing law and dispute resolution), and 19 (General) survive.

13) Apple App Store — required additional terms

13.1 The following terms apply to the App when obtained through the Apple App Store, in addition to all other terms of this EULA. To the extent of any conflict between these terms and any other terms of this EULA in respect of the iOS App, these Apple-specific terms govern.

13.2 Acknowledgement. You acknowledge that this EULA is entered into between you and Tanqory only, and not with Apple Inc. ("Apple"). Tanqory, not Apple, is solely responsible for the App and the content thereof.

13.3 Scope of license. The license granted to you for the iOS App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing, where permitted.

13.4 Maintenance and support. Tanqory is solely responsible for providing any maintenance and support services with respect to the iOS App, as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

13.5 Warranty. Tanqory is solely responsible for any product warranties with respect to the iOS App, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Tanqory's sole responsibility.

13.6 Product claims. Tanqory, not Apple, is responsible for addressing any claims that you or any third party may have relating to the iOS App or your possession and use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit and HomeKit, where applicable.

13.7 Intellectual property rights. In the event of any third-party claim that the iOS App or your possession and use of the iOS App infringes that third party's intellectual property rights, Tanqory, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

13.8 Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

13.9 Developer name and address. The developer of the App is Tanqory Inc., c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, DE 19958, USA. Questions, complaints, or claims with respect to the App should be directed to legal@tanqory.com.

13.10 Third-party beneficiary. You and Tanqory acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA as it applies to your use of the iOS App, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

14) Google Play — required additional terms

14.1 The following terms apply to the App when obtained through Google Play, in addition to all other terms of this EULA. To the extent of any conflict between these terms and any other terms of this EULA in respect of the Android App, these Google-specific terms govern.

14.2 You acknowledge that this EULA is between you and Tanqory only, and not with Google LLC or its affiliates ("Google"). Tanqory, not Google, is solely responsible for the Android App and its content.

14.3 Your license to the Android App is granted subject to the Google Play Terms of Service and any other terms applicable to Google Play. To the extent any provision of this EULA conflicts with the Google Play Terms of Service or the Google Play Developer Distribution Agreement, the Google Play terms govern with respect to that conflict.

14.4 Tanqory is solely responsible for providing any maintenance and support services with respect to the Android App and for addressing any claims of any kind relating to the Android App.

15) Warranty disclaimer

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Tanqory, on its own behalf and on behalf of its affiliates and licensors, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the App, including all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

15.2 Without limitation to the foregoing, Tanqory provides no warranty or undertaking, and makes no representation, that the App will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

15.3 Some jurisdictions do not allow the exclusion of certain types of warranties, so some of the above exclusions may not apply to you. In such cases, the warranties are limited to the minimum required by applicable law.

16) Limitation of liability

16.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TANQORY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE APP, EVEN IF TANQORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 To the maximum extent permitted by applicable law, Tanqory's total aggregate liability under or in connection with this EULA, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of (a) the amount paid by you (if any) for the App in the twelve (12) months preceding the event giving rise to the liability, or (b) USD 100.

16.3 Nothing in this EULA excludes or limits Tanqory's liability for (a) death or personal injury caused by Tanqory's negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited under applicable law.

16.4 Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

17) Governing law and dispute resolution

17.1 This EULA is governed by, and construed in accordance with, the laws of the Republic of Singapore, without regard to its conflict-of-laws rules.

17.2 Any dispute, controversy, or claim arising out of or relating to this EULA, including its existence, validity, interpretation, performance, breach, or termination, will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the SIAC Rules in force at the time of submission. The seat of arbitration will be Singapore. The tribunal will consist of one arbitrator. The language of the arbitration will be English.

17.3 United States residents. If you are a resident of the United States, the choice-of-law and arbitration provisions in §§17.1–17.2 apply, except that nothing in this EULA limits any right you may have under the U.S. state in which you reside to bring an individual action in small claims court for any dispute within the jurisdiction of that court, or to seek injunctive relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Tanqory's intellectual property rights.

17.4 To the extent permitted by applicable law, the parties waive any right to participate in a class action, class arbitration, representative action, or consolidated proceeding in respect of any dispute under or in connection with this EULA.

18) Export controls and sanctions

18.1 The App may be subject to export controls and economic-sanctions laws of Singapore, the United States, the European Union, and other jurisdictions. You will not use, export, re-export, transfer, or release the App in violation of any applicable export-control or sanctions law. Without limitation, you will not permit any person on any U.S. Government list of prohibited or restricted parties to use the App.

19) General

19.1 Entire agreement. This EULA, together with the documents it references, is the entire agreement between you and Tanqory in respect of the App and supersedes all prior or contemporaneous communications, whether oral or written, on that subject.

19.2 Severability. If any provision of this EULA is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

19.3 No waiver. Tanqory's failure to enforce any right or provision of this EULA will not be considered a waiver of that right or provision.

19.4 Assignment. You may not assign or transfer this EULA or any of your rights or obligations under it without Tanqory's prior written consent. Tanqory may assign this EULA freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

19.5 Notices. Notices to Tanqory under this EULA should be sent to legal@tanqory.com and to the registered address set out in the document header. Notices to you may be given via the App, by email to your account address, or as otherwise permitted by law.

19.6 Updates to this EULA. Tanqory may update this EULA from time to time to reflect changes in the App, in third-party platform requirements (Apple, Google), or in applicable law. Material revisions will be published with a revised effective date and version number. Continued use of the App after the effective date of a revised EULA constitutes acceptance of the revised EULA.

19.7 Contact. Questions about this EULA may be directed to legal@tanqory.com.