1. Introduction

Please read these Terms and Conditions and End User License Agreement ("EULA" or "Agreement") carefully before downloading, installing, or using any iOS or Android mobile application ("Licensed Application" or "App") published by Persie0.

This EULA is a legally binding agreement between you ("You", "Your", or "User") and Marvin Perzi, an individual developer operating under the brand name "Persie0" ("Licensor", "we", "us", or "our"), with a registered address at Angerdorf 6, 3822 Karlstein an der Thaya, Austria. The prices displayed in the app are final prices and already include applicable local taxes (e. g. , VAT). The collection and remittance of applicable taxes are handled directly by the App Stores (Apple/Google) in their capacity as Merchant of Record (MoR), who act as the commercial contractual partners for payment processing in this triangular relationship.

Apps made available through the Apple App Store, Google Play Store, or any other distribution platform are licensed, not sold, to you. By downloading, installing, accessing, or using any Licensed Application, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. If you do not agree, you must not download, install, or use the Licensed Application.

The Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.

2. License Grant

2.1 Scope of License

Subject to Your compliance with the terms and conditions of this EULA, the Licensor grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Licensed Application on mobile devices that You own or control, solely for Your personal, non-commercial purposes and in accordance with the applicable Usage Rules of the platform through which You obtained the Licensed Application (e.g., the Apple App Store Terms of Service or the Google Play Terms of Service).

2.2 Scope Includes

The terms of this EULA will govern any content, materials, features, or services accessible from or provided within the Licensed Application, as well as any updates, upgrades, patches, or new releases provided by the Licensor that replace or supplement the original Licensed Application, unless such update is accompanied by a separate license agreement.

2.3 No Other Rights

Except for the rights expressly granted in this Section, You are granted no other rights, whether express or implied, in or to the Licensed Application. The Licensor retains all rights not expressly granted herein.

3. Restrictions on Use

You agree that You shall not:

  • Copy the Licensed Application or any portion thereof, except as expressly permitted by this license and applicable Usage Rules.
  • Reverse-engineer, disassemble, decompile, or attempt to derive the source code of the Licensed Application, any updates, or any part thereof, except as and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Licensed Application.
  • Modify the Licensed Application or create derivative works based upon the Licensed Application or any part thereof.
  • Distribute, transfer, sublicense, lease, lend, rent, or otherwise make the Licensed Application available to any third party.
  • Make the Licensed Application available over a network or any other medium where it could be used by multiple devices or users simultaneously, unless expressly authorized.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Licensed Application.
  • Use the Licensed Application for any purpose that is unlawful, harmful, or prohibited by this EULA, or in any manner that could damage, disable, overburden, or impair the Licensed Application or any server or network connected to it.
  • Use the Licensed Application to harass, abuse, stalk, threaten, or defame any person or entity.
  • Use automated tools (bots, scrapers, crawlers, or other automated means) to access or interact with the Licensed Application, unless expressly permitted.

If You sell or transfer your device to a third party, You must remove the Licensed Application from the device before doing so.

4. Intellectual Property Rights

The Licensed Application, including but not limited to all software, code, algorithms, user interface designs, graphics, icons, images, text, data compilations, and documentation, is the exclusive property of the Licensor or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws of Austria, the European Union, and international treaties.

All trademarks, service marks, trade names, logos, and domain names of Persie0, as well as any other features of the Persie0 brand ("Brand Features"), are the sole property of the Licensor. This EULA grants You no rights to use any Brand Features, whether for commercial or non-commercial purposes.

You acknowledge and agree that the Licensed Application and its structure, organization, and source code constitute valuable trade secrets of the Licensor. You shall not disclose or make available the Licensed Application, or any portion thereof, to any third party in any form.

6. Term and Termination

6.1 Effective Period

This EULA is effective from the date You first download, install, or use the Licensed Application and shall remain in effect until terminated by You or the Licensor.

6.2 Your Right to Terminate

You may terminate this EULA at any time by deleting and uninstalling the Licensed Application from all Your devices and ceasing all use thereof. If You have an active subscription, You must also cancel it through the applicable platform provider (Apple App Store or Google Play Store).

6.3 Licensor's Right to Terminate

Your rights under this EULA will terminate automatically and without notice if You fail to comply with any of its terms. The Licensor may also terminate this EULA at any time if:

  • The Licensor decides to discontinue the Licensed Application or any material part thereof;
  • The Licensor has reasonable grounds to believe that termination is necessary to comply with applicable laws;
  • The Licensor has reasonable grounds to believe that Your conduct causes or may cause liability or harm to other users, third parties, or the Licensor.

6.4 Effects of Termination

Upon termination, all rights granted to You under this EULA shall immediately cease. You must immediately stop all use of the Licensed Application and delete all copies from Your devices. Termination shall not relieve You of any obligations arising prior to termination, or any obligations which by their nature should survive termination (including, without limitation, Sections 4 (A), 2 (B), 7 (B), 8 (B), 9 (B), 10 (B), 11 (B), 12 (B) and 14 (B)).

7. Export Compliance

You may not use or otherwise export or re-export the Licensed Application except as authorized by Austrian law, European Union regulations, United States law, and the laws of the jurisdiction in which the Licensed Application was obtained.

In particular, but without limitation, the Licensed Application may not be exported or re-exported: (a) into any country subject to EU or U.S. sanctions or embargoes; or (b) to anyone on the EU Consolidated List of persons subject to financial sanctions, the U.S. Treasury Department's Specially Designated Nationals List, or the U.S. Department of Commerce Denied Persons List or Entity List.

By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Licensed Application for any purposes prohibited by applicable export control laws.

8. Apple App Store Additional Terms

If You obtained the Licensed Application from the Apple App Store or are using it on an iOS device, the following additional terms apply, which are strictly required to fulfill Apple's "Exhibit B" requirements:

  • This EULA is concluded solely between You and the Licensor (Marvin Perzi / Persie0), and not with Apple Inc. ("Apple"). Apple is not responsible for the Licensed Application or its content.
  • Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application. All such requests must be directed to the Licensor.
  • In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Licensed Application. Any other claims are solely the responsibility of the Licensor.
  • The Licensor, and not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or Your possession and/or use of the Licensed Application, including but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection (incl. privacy) or similar legislation.
  • In the event of any third-party claim that the Licensed Application or Your possession and use thereof infringes that third party's intellectual property rights, the Licensor, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • You represent and warrant that: (a) 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 (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must comply with applicable third-party terms of agreement when using the Licensed Application. Your use must not conflict with the Apple Usage Rules.
  • Apple and its subsidiaries are third-party beneficiaries of this EULA. 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.

9. Google Play Store Additional Terms

If You obtained the Licensed Application from the Google Play Store, the following additional terms apply:

  • This EULA is concluded solely between You and the Licensor (Marvin Perzi / Persie0), and not with Google LLC ("Google").
  • Google is not responsible for the Licensed Application or its content, and has no obligation to provide maintenance, support, or warranty services for the Licensed Application.
  • Google is not liable for any claims relating to the Licensed Application, including product liability claims, failure to meet applicable legal requirements, or intellectual property claims.
  • Your use of the Licensed Application on the Android platform is additionally governed by the Google Play Terms of Service. However, those terms do not provide specific protections for developer intellectual property. This EULA provides additional and specific terms between You and the Licensor that supplement and, where permitted, supersede Google's general terms.
  • You acknowledge that Google bears no responsibility for addressing any claims You may have relating to the Licensed Application, including product liability claims, any claims that the Licensed Application fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection laws.

Google Play Developer Distribution Agreement: https://play.google.com/about/developer-distribution-agreement.html

1. Third-Party Services & SDKs

The Licensed Application may integrate or rely on software development kits (SDKs), libraries, APIs, and services provided by third parties. These include, but are not limited to:

  • Appodeal (Stack, Inc.): An advertising mediation platform used to serve in-app advertisements. Appodeal and its demand-side partners may collect device identifiers, IP address, and usage data to deliver personalized ads. Appodeal Privacy Policy.
  • Sentry (Functional Software, Inc.): A crash reporting and diagnostics platform that collects error data, device state, and diagnostic information to help us identify and resolve bugs. Sentry Privacy Policy.
  • Google Play Services (Google LLC): Infrastructure services including location, authentication, and in-app billing. Google Privacy Policy.

Your use of the Licensed Application constitutes Your acceptance of such third-party terms and policies. The Licensor is not responsible for the data practices of third-party services. We encourage You to review their respective privacy policies before using the Licensed Application.

Third-party software included in the Licensed Application (such as open-source libraries) is provided to You under the license terms of the applicable third-party licensor, which may be viewable in the "About" or "Settings" section of the Licensed Application.

2. External Services & Bring Your Own Key (BYOK)

The Licensed Application may enable access to the Licensor's and/or third-party services, websites, content, and data sources (collectively and individually, "External Services"). You agree to use External Services at Your sole risk.

The Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, legality, or any other aspect of any third-party External Services, and shall not be liable for any such External Services.

Data displayed by any Licensed Application or External Service, including but not limited to location information, mapping data, financial information, and other informational content, is for general informational purposes only and is not guaranteed by the Licensor or its agents for accuracy or reliability. You should not rely on such data for navigation, safety-critical decisions, or any purpose where inaccurate data could lead to damage, injury, or death.

You will not use the External Services in any manner that is inconsistent with the terms of this T&C or that infringes the intellectual property rights of the Licensor or any third party. The Licensor reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to You.

2.1 Bring Your Own Key (BYOK) Model & API Liability

Certain Licensed Applications may operate on a "Bring Your Own Key" (BYOK) model, requiring You to input Your own API keys (e.g., Google Gemini, OpenAI, NVIDIA) to access specific functionalities.

Your Responsibility for API Keys: You are solely and exclusively responsible for the security, confidentiality, and usage of any API keys or credentials You provide to the Licensed Application. You acknowledge that API usage incurs costs billed directly to You by the respective API provider.

Strict Liability Disclaimer: The Licensor expressly disclaims any and all liability for costs, charges, or fees incurred through Your API keys. This includes, but is not limited to, costs arising from:

  • Normal usage of the Licensed Application;
  • Quota exhaustion or unexpected high usage;
  • API key leaks, whether due to Your negligence, third-party interception, or security vulnerabilities;
  • Software bugs, infinite loops, or errors within the Licensed Application that cause excessive API calls.

By using a BYOK feature, You expressly agree to monitor Your API usage and set appropriate billing limits or alerts with Your provider. You assume full financial responsibility for any API usage generated through Your keys.

3. Updates and Modifications

The Licensor may from time to time, at its sole discretion, develop and provide updates, upgrades, bug fixes, patches, and other modifications to the Licensed Application ("Updates"). Updates may also modify or delete certain features and/or functionalities of the Licensed Application.

You agree that the Licensor has no obligation to (a) provide any Updates, or (b) continue to provide or enable any particular features or functionalities of the Licensed Application.

You further agree that all Updates will be deemed to constitute an integral part of the Licensed Application and will be subject to the terms and conditions of this T&C, unless a separate license agreement is provided with such Updates.

The Licensor reserves the right, at its sole discretion, to modify, suspend, or discontinue the Licensed Application or any service to which it connects, with or without notice and without liability to You, except where prohibited by applicable law.

4. In-App Purchases & Subscriptions

The Licensed Application may offer in-app purchases or subscription-based features handled via the RevenueCat infrastructure ("Paid Features"). Provision of these features is governed by T&C. By purchasing such features, You acknowledge and agree that:

  • All billing, payment processing, and cancellations are handled exclusively by the platform providers (Apple App Store or Google Play Store). The Licensor uses RevenueCat for technical validation of the premium status and to analyze aggregated business metrics (e.g., active subscribers, MRR); RevenueCat does not process direct payment information.
  • Payments will be charged to your Apple ID or Google Play account upon purchase confirmation.
  • Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours in advance. You must manage and cancel your subscriptions in your native device subscription settings. We cannot cancel a membership directly from a support request.
  • In the event of an outage of the RevenueCat or platform servers, You may temporarily lose access to the premium features. Such outages are governed by the Service Level Agreements of the platform providers and do not entitle You to financial refunds from the Licensor.

5. Right of Withdrawal for Digital Content (FAGG)

Withdrawal Information

Consumers in the European Economic Area generally have a statutory 14-day right of withdrawal in accordance with the Austrian Act on Distance and Off-Premises Contracts (FAGG). You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise this right, please contact the respective App Store (Apple or Google) where the purchase was made, as we cannot issue direct refunds.

Premature Expiration of the Right of Withdrawal

Please note: Your right of withdrawal expires prematurely for contracts concerning the supply of digital content not supplied on a tangible medium (e.g., app download, subscription activation) if we have begun executing the contract after You have expressly consented to us beginning performance before the withdrawal period expires, and You have acknowledged that You lose your right of withdrawal by confirming this.

We actively obtain this consent and acknowledgment during every in-app purchase (check-out) through an active, non-pre-ticked checkbox prior to payment authorization to ensure you have immediate access to the digital content. Without this explicit consent, performance of the contract will only begin after the 14-day withdrawal period has expired.

Electronic Withdrawal Function (Withdrawal Button)

Pursuant to EU Directive 2023/2673, an electronic withdrawal function ("Withdrawal Button") will be provided for all contracts concluded via digital interfaces starting from June 19, 2026. This allows for a simple, immediate, and accessible declaration of withdrawal. This function (once implemented after the effective date) will be accessible in the App's account settings or on our website.

6. User Conduct and Acceptable Use

You agree to use the Licensed Application only for lawful purposes and in accordance with this T&C. You represent and warrant that:

  • You are at least 16 years of age (or the applicable minimum age in Your jurisdiction), or You have obtained parental or guardian consent to use the Licensed Application. However, if You use features requiring third-party AI APIs (e.g., Google Gemini, OpenAI), You represent and warrant that You are at least 18 years of age, as required by the terms of those providers.
  • You have the legal capacity to enter into this Agreement and are not prohibited by law from receiving or using the Licensed Application.
  • You will not use the Licensed Application to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • You will not interfere with or disrupt the integrity or performance of the Licensed Application or its underlying systems, servers, or networks.
  • You are solely responsible for any data, content, or materials that You create, store, or process using the Licensed Application.

7. Warranty under the Consumer Warranty Act (VGG) and KSchG

Pursuant to the Austrian Consumer Warranty Act (VGG), we commit to providing necessary updates (including security updates) for the Licensed Application for the period you could reasonably expect, to keep the app secure and functional.

In accordance with § 1 VGG, these warranty rights also apply to digital services provided free of charge if You provide personal data in return ("Paying with Data"), unless such data is processed solely to provide the service or to comply with legal obligations.

However, we assume no warranty for outages or defects caused by external factors beyond our control (e.g., infrastructure outages by Apple, Google, or third parties like RevenueCat). We also do not warrant that the application will function flawlessly if unauthorized modifications (e.g., jailbreak, rooting) are made to your device.

8. Liability and Limitation of Liability (KSchG)

Towards consumers within the meaning of the Consumer Protection Act (KSchG), we are only liable for damages resulting from intentional or gross negligent conduct by us or our vicarious agents. Liability for slight negligence is completely excluded.

This exclusion of liability for slight negligence explicitly does not apply to direct personal injury, for which liability always applies in full according to statutory provisions.

Furthermore, to the extent permitted by law, we are not liable for indirect damages, lost profits, business interruptions, or purely financial losses. In particular, we exclude any liability for data loss on your device, unless caused by our gross negligence or intent.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Licensor, and its affiliates, officers, agents, and employees, from and against any and all claims, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

  • Your use of the Licensed Application;
  • Your violation of any term or condition of this T&C;
  • Your violation of any applicable law, rule, or regulation;
  • Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights;
  • Any content or data You create, store, submit, or transmit through the Licensed Application.

This indemnification obligation will survive the termination of this T&C and Your use of the Licensed Application.

10. Severability, Waiver, and Interpretation

If any provision of this T&C is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of this T&C, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.

The failure of the Licensor to enforce any right or provision of this T&C at any time shall not constitute a waiver of such right or provision. No waiver of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

The words "include", "including", and variations thereof shall be interpreted as if followed by the words "without limitation." The section and subsection headings in this T&C are for convenience only and shall not affect the interpretation of this T&C.

11. Assignment

The Licensor may assign, transfer, or delegate this T&C and any of its rights and obligations hereunder, in whole or in part, to any third party, at its sole discretion, without prior notice to or consent from You. Such assignment may occur, for example, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the Licensor's assets.

You may not assign, transfer, sublicense, or delegate any of Your rights or obligations under this T&C, in whole or in part, without the prior written consent of the Licensor. Any purported assignment in violation of this Section shall be null and void.

12. Governing Law and Jurisdiction

12.1 Governing Law

This T&C and any disputes arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of laws principles.

If You are a consumer habitually resident in a Member State of the European Union, You additionally benefit from any mandatory provisions of the consumer protection law of Your Member State of residence. Nothing in this T&C shall affect Your rights as a consumer to rely on such mandatory provisions of local law.

12.2 Jurisdiction

Any disputes arising out of or in connection with this T&C shall be subject to the non-exclusive jurisdiction of the competent courts of Austria.

If You are a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) or equivalent EU legislation, You may bring proceedings in the courts of Your country of habitual residence. We may only bring proceedings against You in the courts of Your country of habitual residence.

12.3 Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board, unless required by applicable law.

12.4 Exclusion of the UN Convention

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from application to this Agreement.

13. Changes to This T&C

The Licensor reserves the right to modify this T&C from time to time for legitimate reasons, including but not limited to: changes in applicable law or regulatory requirements, improvements to the Licensed Application, introduction of new features, or addressing security concerns.

If we make material changes to this T&C, we will notify You in an appropriate manner, such as by displaying a prominent notice within the Licensed Application, updating the "Last Updated" date at the top of this page, or sending You a notification before the changes take effect.

Your continued use of the Licensed Application after any changes have been posted constitutes Your acceptance of the revised T&C. If You do not agree to the modified terms, You must stop using the Licensed Application and uninstall it from Your devices.

14. Entire Agreement

This T&C, together with our Privacy Policy and any additional terms presented to You within the Licensed Application, constitutes the entire agreement between You and the Licensor with respect to the Licensed Application and supersedes all prior or contemporaneous communications, proposals, negotiations, and agreements, whether oral or written, between You and the Licensor relating to the subject matter hereof.

In the event of any conflict between this T&C and any additional terms presented within the Licensed Application, the additional terms shall prevail to the extent of the conflict.

15. Contact Information

If You have any questions, concerns, or complaints regarding this T&C, please contact us:

Name: Marvin Perzi
Brand: Persie0
Address: Angerdorf 6, 3822 Karlstein an der Thaya, Austria