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.

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.

6. Your responsibility for what you record in Datey

Because Datey records information about other people (your dates), and because the laws that govern recording personal information about others vary by jurisdiction, you are responsible for ensuring your use of the app complies with the laws that apply to you and to the people you record. You agree to indemnify and hold harmless Tortuga Global Tech LLC and its officers, directors, employees, and contractors from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of:

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 a person whose information you recorded in Datey (for example, that the recording itself violated their rights).

This obligation survives termination of this Agreement.

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).

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.

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.

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), 8 (Intellectual property), 9 (Disclaimer of warranties), 10 (Limitation of liability), 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.

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. The exclusive forum for any dispute arising out of or relating to this Agreement is the state and federal courts located in Laramie County, Wyoming, and the parties consent to the personal jurisdiction of those courts.

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, those mandatory rights are not displaced by this section.

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 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.

16. Contact

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