End User License Agreement

1. Introduction

This End User License Agreement (“EULA” or “Agreement”) is a binding contract between you and Tortuga Global Tech LLC, a Wyoming limited liability company with registered address at 1021 E Lincolnway, Suite 10348, Cheyenne, WY 82001, United States (“we,” “us,” “Tortuga,” “the studio”).

By downloading, installing, or using the Datey app (“Datey,” “the app”), you agree to this Agreement. If you do not agree, do not install or use the app.

This Agreement applies in addition to Apple Inc.’s Licensed Application End User License Agreement (“Apple’s Standard EULA”). Where this Agreement and Apple’s Standard EULA conflict, this Agreement controls, except where Apple’s Standard EULA is mandatory under the App Store.

2. Licence grant

Subject to your compliance with this Agreement, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use Datey on Apple-branded iOS devices that you own or control, in accordance with the Usage Rules in Apple’s Standard EULA.

2.1 Eligibility

You represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. Datey is an adults-only product intended solely for adults; if you are under 18, you may not download, install, or use it. We may terminate the licence of any user we reasonably believe to be under 18.

3. Subscriptions

Datey offers two auto-renewing subscription options and one non-recurring lifetime purchase. The current price for each option is shown on the in-app purchase screen and on the App Store listing before you confirm a purchase.

3.1 Auto-renewing subscriptions

• Datey Monthly — billed once per calendar month at the price displayed on the App Store listing at the time of purchase, in the local currency of your Apple ID country.
• Datey Yearly — billed once every twelve months at the price displayed on the App Store listing at the time of purchase, in the local currency of your Apple ID country.

By tapping the purchase button, you confirm that you have reviewed the price, the billing period, and these auto-renewal terms, and that you consent to be charged on a recurring basis.

Auto-renewal. Your subscription automatically renews at the end of each billing period at the then-current price. Apple charges your Apple ID account within 24 hours before the period ends. Auto-renewal continues until you cancel.

Cancellation. You can turn off auto-renewal at any time by going to iOS Settings → [your name] → Subscriptions → Datey → Cancel Subscription. Apple requires the cancellation to be made at least 24 hours before the end of the current period to prevent the next renewal; cancellations made within the final 24 hours may still result in a renewal charge because Apple processes renewals 24 hours ahead. If you are charged after cancelling and believe the charge is an error, contact us at support@tortugatech.co and we will help you seek a refund from Apple. Cancelling stops the renewal; you keep access to your current period until it expires. No partial refunds are issued by Tortuga Global Tech LLC for unused portions of a billing period that you cancelled mid-period; Apple may issue one at its discretion.

Free trial (if offered). If a subscription is offered with a free trial, any unused portion of the trial is forfeited when you purchase the subscription. Free trials are subject to Apple’s then-current terms.

Price changes. If we change the subscription price, Apple will notify you in advance, and Apple will require you to accept the new price before charging it for the next period. You can decline by cancelling before renewal.

3.2 Lifetime purchase

The Datey Lifetime product is a one-time purchase that grants you ongoing access to current features for as long as the app continues to operate on a supported version of iOS, on the same Apple ID that made the purchase. The lifetime purchase does not guarantee future major versions of Datey or new standalone products from Tortuga Global Tech LLC.

3.3 Restoring purchases

If you reinstall Datey or sign in on a new device with the same Apple ID, you can restore your subscription or lifetime entitlement from inside the app at any time.

4. Refunds

All purchases are made through Apple, and refunds are issued at Apple’s discretion under Apple’s published policies. To request a refund:

• Visit reportaproblem.apple.com and follow Apple’s process, or
• Contact us at support@tortugatech.co and we will assist where Apple permits.

EEA, UK, and other consumer-protection jurisdictions. If consumer law in your country grants you a statutory withdrawal or cooling-off right that overrides Apple’s policy (for example, the EU 14-day right of withdrawal where applicable to digital content), nothing in this Agreement waives that right. By starting to use Datey immediately after purchase, you may consent to the withdrawal right being lost where digital-content rules permit that consent.

5. Your data is yours

Datey is built so that your journal data stays on your device. Tortuga Global Tech LLC does not claim any rights of ownership over the content you enter into Datey. You may export, back up, or delete your data at any time from within the app. See our Privacy Policy for full details.

Backups are your responsibility. Because your journal lives on your device — and, if you enable it, in your own private iCloud — we hold no copy of it and cannot recover it for you. Keeping your own backups (for example, through Apple’s device backup) is your responsibility. §10.1 explains how this allocates the risk of data loss.

6. Your responsibility for what you record in Datey

You are the sole decision-maker for your journal. Datey is a private tool. You alone choose what to record, about whom, and why. Tortuga Global Tech LLC does not select, review, moderate, or have any access to the contents of your journal, and does not determine the purposes or means of your recording. To the extent any privacy or data-protection law treats the information you record about other people as personal data, you — not Tortuga — are the party responsible for it (in the language of the GDPR, UK GDPR, and similar laws, the “controller” of that information). Tortuga is not a controller or processor of your journal content, and enabling optional iCloud sync does not change this — that data travels only to your own private iCloud, to which we have no access.

Recording other people. Datey records information about other people (your dates). The laws that govern recording personal information about others vary by jurisdiction and — for a genuinely private, personal journal — may not apply to you at all. Where they do apply, you are responsible for complying with them, including for obtaining any consent and meeting any legal requirement for the information you record about another person; that responsibility rests with you and not with Tortuga. You acknowledge that a dating journal may contain sensitive or special-category information (for example, information revealing sexual orientation, health, or intimate life), that recording it may carry heightened legal obligations where those laws apply, and that meeting any such obligation is your responsibility.

Indemnity. You agree to indemnify, defend, and hold harmless Tortuga Global Tech LLC and its officers, directors, employees, and contractors from and against any claim, demand, investigation, regulatory action, loss, liability, fine, or expense (including reasonable attorneys’ fees) arising out of or relating to:

1. your breach of this Agreement;
2. your use of Datey in violation of any law — including any privacy, data-protection, stalking, harassment, or recording-consent law that applies in your jurisdiction or in the jurisdiction of any person you record in the journal;
3. any claim by, or any regulatory action taken on behalf of, a person whose information you recorded in Datey (for example, that the recording itself violated their rights); or
4. any content you record, store, export, or share using the app.

This obligation survives termination of this Agreement, and applies to the maximum extent permitted by the law that governs your relationship with us — nothing in it purports to make you indemnify us for our own fraud, gross negligence, or wilful misconduct, or to waive any mandatory consumer right described in §10.

7. Acceptable use

You agree not to:

1. Reverse-engineer, decompile, disassemble, or attempt to derive the source code of Datey, except to the extent applicable law expressly permits.
2. Rent, lease, lend, resell, sublicense, distribute, or otherwise transfer the app or your subscription to any third party.
3. Use Datey to violate any law or the rights of any person, or in any manner inconsistent with Apple’s Standard EULA.
4. Remove, alter, or obscure any proprietary notices on the app.
5. Use the app on behalf of any other person without their informed consent (Datey is for personal use only).

7.1 Assumption of risk

Datey is a private journaling tool — not a safety, background-check, identity-verification, matchmaking, or advice service. You meet, date, and interact with the people you record in Datey entirely at your own risk. We do not screen, verify, or vet any person, and we make no representation about any person you record, about the accuracy of anything recorded, or about the safety, suitability, or conduct of any date or relationship. Every decision about whom to meet, what to share, or how to act is yours alone. To the maximum extent permitted by applicable law, you assume all risks arising from your dating activities and your use of Datey, and Tortuga Global Tech LLC is not responsible for the acts, omissions, or conduct of any person you record or meet. Nothing in this section limits any liability that cannot be limited under applicable law, including liability for death or personal injury caused by our negligence.

7.2 Prohibited content and uses

In addition to §7, you must not use Datey to create, store, or share any content that is unlawful, or to engage in any unlawful activity. Without limiting that, you must not use Datey:

1. to store, or in connection with, any child sexual abuse material, or any sexual content involving a minor or anyone who appears to be a minor;
2. to store or share intimate or sexual images of any person without that person’s consent (non-consensual intimate imagery);
3. to stalk, harass, threaten, defame, or intimidate any person, or to facilitate any of those;
4. to record or track any person in a way that is unlawful where you are or where they are, including in breach of any recording-consent, wiretap, anti-stalking, or data-protection law;
5. to record information about a minor; or
6. in any way that infringes the rights of, or causes harm to, any person.

We cannot see or moderate your content. By design, your journal is stored on your device — and, if you enable sync, in your own end-to-end-encrypted private iCloud — so we have no technical ability to access, review, moderate, retrieve, or remove it. We therefore cannot police what you record; keeping your use lawful is your responsibility (§6). What we can do, if we reasonably believe you have breached §7 or this §7.2, is terminate your licence (§11). If you become aware of unlawful content or conduct, report it to your local law enforcement; you may also contact us at support@tortugatech.co, though we will usually be unable to act on the content itself because we cannot access it.

8. Intellectual property

The Datey app, including its design, branding, source code, and documentation, is owned by Tortuga Global Tech LLC and protected by United States and international intellectual-property laws. This Agreement grants you a licence to use the app, not ownership of it.

9. Disclaimer of warranties

To the maximum extent permitted by applicable law, the app is provided “as is” and “as available,” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the app will be uninterrupted, error-free, or that it will meet your specific requirements.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9.1 No professional advice

Datey computes insights, patterns, and summaries from what you record. These are for your personal interest only. Datey does not provide, and its insights are not, professional advice of any kind — psychological, medical, mental-health, relationship, legal, financial, or safety advice — and you should not rely on them to make decisions that call for a qualified professional. If you have concerns about your health, safety, or wellbeing, consult an appropriate professional or your local emergency services.

9.2 Third-party platforms

Datey runs on Apple hardware and software and uses Apple services (including iCloud) and the third parties named in our Privacy Policy. We do not control those platforms and are not responsible for their availability, changes, errors, or any loss or exposure of data caused by them. Your use of Apple’s services is governed by your own agreements with Apple.

10. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Tortuga Global Tech LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

1. your use of or inability to use the app;
2. any unauthorised access to or alteration of your data; or
3. any conduct or content of any third party on or through the app.

Our total cumulative liability arising out of or relating to this Agreement and the app will not exceed the greater of (i) the amount you paid us through Apple for Datey in the twelve months preceding the event giving rise to the liability, or (ii) US $50. This cap is cumulative across all claims, applies even if any limited remedy is found to have failed of its essential purpose, and survives termination of this Agreement.

10.1 Loss of journal data

You understand that Datey stores your journal on your own device and, if you enable it, in your own private iCloud, and that — by design — we hold no copy of your journal content and have no technical ability to access, restore, or recover it. To the maximum extent permitted by applicable law, we are not responsible for any loss of, corruption of, or inability to access your entries, notes, photos, PrivateVault contents, or any other content you create in Datey — including loss caused by device loss, damage, theft, or reset; by deleting the app; by iOS, iCloud, backup, or restore behaviour; by turning sync off or on; or by loss of your device passcode or biometrics. Keeping your own backups is your responsibility (§5). Nothing in this §10.1 excludes liability that cannot be excluded under applicable law, including the mandatory consumer rights preserved below.

Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law — including, in the United Kingdom and the European Union, liability for breach of statutory rights under the UK Consumer Rights Act 2015 or the EU Sale of Consumer Goods and Services framework; in any jurisdiction, liability for fraud, gross negligence, or death or personal injury caused by our negligence. For consumers resident in the United Kingdom or the European Union, to the extent that the cap above conflicts with your mandatory statutory rights, the cap does not apply and our liability is instead limited to losses that we could reasonably have foreseen at the time you entered into this Agreement.

11. Termination

This Agreement remains in effect until terminated by you or by us. You may terminate it by deleting Datey from all your devices and cancelling any active subscription. We may terminate or suspend your access immediately if you materially breach this Agreement.

Sections 5 (Your data is yours), 6 (Your responsibility), 7 (Acceptable use, including §7.1 Assumption of risk and §7.2 Prohibited content and uses), 8 (Intellectual property), 9 (Disclaimer of warranties, including §9.1 No professional advice), 10 (Limitation of liability, including §10.1), 13 (Governing law and disputes), 14 (Apple-specific provisions), and 15 (Severability and entire agreement) survive termination.

12. Changes to the app and to this Agreement

We may update Datey from time to time to fix bugs, add features, or comply with platform changes. We may also update this Agreement; when we do, we will update the “Last updated” date at the top, and — for material changes — display an in-app notice the next time you open Datey. Your continued use of Datey after a change constitutes acceptance.

12.1 Events beyond our control

We are not liable for any failure or delay in providing Datey that results from events beyond our reasonable control — including acts of God, outages or changes by Apple or other platform providers, network or internet failures, cyber-attacks, or changes in law. This does not affect any mandatory consumer right you have under the law that applies to you.

13. Governing law and disputes

This Agreement is governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles. Subject to the binding-arbitration provision in §13.1, the exclusive forum for any dispute that is not resolved by arbitration is the state and federal courts located in Laramie County, Wyoming, and the parties consent to the personal jurisdiction of those courts.

13.1 Binding arbitration and class-action waiver (residents of the United States)

This section affects your legal rights — please read it carefully. It applies to residents of the United States. It does not apply to consumers resident in the European Union, the United Kingdom, or any jurisdiction whose law makes it unenforceable (see the paragraph after this section).

Informal resolution first. Before starting an arbitration, you agree to try to resolve the dispute informally by emailing a description of it to support@tortugatech.co and giving us 60 days to respond. Most concerns can be resolved this way.

Agreement to arbitrate. If we cannot resolve a dispute informally, you and Tortuga Global Tech LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement or to Datey will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this section. Judgment on the award may be entered in any court with jurisdiction.

Class-action and jury waiver. You and Tortuga agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding. You and Tortuga each waive any right to a jury trial. If a court decides that this class-action waiver is unenforceable as to a particular claim or request for relief, then only that claim or request is severed and heard in court, and all other claims proceed in arbitration.

Your right to opt out. You may opt out of this §13.1 within 30 days of first accepting this Agreement by emailing support@tortugatech.co with your name and a statement that you opt out of arbitration. Opting out affects no other part of this Agreement; if you opt out, disputes are resolved in the Wyoming courts identified above.

Exceptions. This section does not require arbitration of: (a) an individual claim that qualifies for small-claims court; (b) a claim to enforce, protect, or determine the validity of either party’s intellectual-property rights; or (c) any claim for public injunctive relief to the extent a waiver of it is unenforceable under applicable law (for example, in California).

Fees and format. AAA’s Consumer Arbitration Rules govern the allocation of arbitration fees; where those rules require, Tortuga will pay the arbitration fees for a properly filed individual claim. You may choose to have the arbitration conducted by telephone, by video, on written submissions, or in person in the U.S. county where you live.

Coordinated filings. If 25 or more similar arbitration demands are asserted by or with the coordination of the same or common counsel, the demands will be administered in staged batches to keep the process efficient; the applicable limitation periods are tolled for demands awaiting their batch.

Survival and severability. This §13.1 survives termination of this Agreement. Except for the class-action-waiver blow-up rule above, if any part of this section is found unenforceable, the remainder stays in effect.

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose consumer-protection laws grant you a mandatory right to sue in your local courts under local law, §13.1 does not apply to you and those mandatory rights are not displaced by this section.

To the extent permitted by the law that applies to you, any claim arising out of or relating to this Agreement or the app must be brought within one year after the claim arose; otherwise it is permanently barred. Where the law that applies to you does not permit shortening the limitation period — as is the case for many consumers in the EU and UK — this paragraph does not apply to you and the statutory limitation period governs instead.

14. Apple-specific provisions

The following terms are required by Apple. They apply only where Datey is distributed through the Apple App Store.

1. Parties. You acknowledge that this Agreement is between you and Tortuga Global Tech LLC only, and not with Apple. Tortuga, not Apple, is solely responsible for Datey and its content.
2. Scope of licence. The licence granted in §2 is limited to a non-transferable licence to use Datey on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. Tortuga is solely responsible for any maintenance and support services for Datey. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Datey.
4. Warranty. In the event of any failure of Datey 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 law, Apple will have no other warranty obligation whatsoever with respect to Datey.
5. Product claims. Tortuga, not Apple, is responsible for addressing any of your or any third party’s claims relating to Datey or your possession and/or use of it, including but not limited to: (i) product-liability claims; (ii) any claim that Datey fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
6. Intellectual-property claims. In the event of any third-party claim that Datey or your possession and use of Datey infringes that third party’s intellectual property rights, Tortuga, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-party beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

15. Severability and entire agreement

If any provision of this Agreement is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions — including the indemnity in §6 and the limitations in §§9–10 — will continue in full force. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Tortuga Global Tech LLC concerning Datey and supersedes any prior agreements.

No failure or delay by us in exercising any right under this Agreement waives that right, and no single or partial exercise of any right prevents any further exercise of it. A waiver is effective only if we give it in writing.

Language. This Agreement is written in, and its binding version is, English. We may provide translations for your convenience; if there is any conflict or difference in meaning between the English version and a translation, the English version controls — except where the mandatory law of your country of residence requires that a version in your own language prevail, in which case that requirement applies to you.

16. Contact

Tortuga Global Tech LLC 1021 E Lincolnway, Suite 10348, Cheyenne, WY 82001, USA support@tortugatech.co