Custom End-User License Agreement

Acknowledgement and applicability

This Custom End-User License Agreement ("Agreement") is between you and Gamina Teknoloji ve Yazılım Hizmetleri A.Ş. ("Gamina"), not Apple Inc. ("Apple"). Gamina, not Apple, is solely responsible for Vivalore and its content.

For the Apple-distributed version of Vivalore, this Agreement applies only in App Store countries or regions where Gamina has configured this Custom EULA for Vivalore in App Store Connect. It supersedes Apple’s Standard EULA only in those configured countries or regions. In every other App Store country or region, Apple’s Standard EULA continues to apply.

Scope of license

Gamina grants you a non-transferable license to use Vivalore on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Vivalore may also be accessed through accounts associated with the purchaser through Family Sharing or volume purchasing where Apple permits it.

You may not distribute, transfer, redistribute, sublicense, or make Vivalore available over a network for simultaneous use on multiple devices except as permitted by Apple’s Usage Rules. You may not copy, reverse engineer, disassemble, attempt to derive source code from, modify, or create derivative works of Vivalore or its updates except where applicable law or an applicable open-source license expressly permits it.

Maintenance and support

Gamina is solely responsible for providing maintenance and support for Vivalore as required by this Agreement or applicable law. Apple has no obligation to provide maintenance or support for Vivalore.

Support is available at https://vivalore.gamina.app/support or by email at support@gamina.app.

Purchases and subscriptions

If the app offers paid features, the price and renewal terms shown by the relevant app store at purchase apply.

If you select an auto-renewing subscription for Vivalore, the subscription name, duration, included content or services, full renewal price, and applicable offer terms displayed before confirmation form part of your purchase terms. The subscription renews for successive periods until canceled through your Apple Account subscription settings. Apple processes the payment, renewal, cancellation, and eligible refund request under the App Store terms.

You can manage or cancel an Apple subscription through your Apple Account settings. Use Restore Purchases in Vivalore, where available, if access does not match your Apple purchase history.

The Terms of Use are available at https://vivalore.gamina.app/terms. The Privacy Policy is available at https://vivalore.gamina.app/privacy.

Vivalore limitations

• Story availability, narration, and membership content may change over time.
• Users may not copy, redistribute, scrape, or commercially exploit stories or media except through an expressly provided sharing feature.
• Narration and ambient audio should be used at a safe volume and with appropriate awareness of surroundings.

Privacy and data

The data practices that apply to Vivalore are described in the Privacy Policy at https://vivalore.gamina.app/privacy. This Agreement does not expand those stated practices. Apple independently processes App Store transactions under Apple’s own terms and privacy notices.

Warranty

Gamina is solely responsible for any product warranties for Vivalore, whether express or implied by law, to the extent they have not been effectively disclaimed.

If Vivalore fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price paid for Vivalore, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation for Vivalore. Gamina is responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty. Nothing in this Agreement limits mandatory consumer rights.

Product claims

Gamina, not Apple, is responsible for addressing claims by you or a third party relating to Vivalore or your possession or use of Vivalore. This includes product-liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer-protection, privacy, or similar laws. This Agreement does not limit Gamina’s liability beyond what applicable law permits.

Intellectual-property claims

If a third party claims that Vivalore, or your possession or use of Vivalore, infringes that party’s intellectual-property rights, Gamina, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.

Third-party terms and external services

You must comply with applicable third-party agreements when using Vivalore, including the terms of your wireless-data or internet-service provider and the terms governing any third-party service you choose to use through the app.

External services may not be available in every language or location. You are responsible for using Vivalore and external services in compliance with applicable law and without infringing the rights of Gamina, Apple, or any third party.

Termination

This Agreement remains effective until terminated by you or Gamina. Your rights under this Agreement terminate automatically if you fail to comply with its terms. You may stop using and delete Vivalore at any time. Deleting the app or stopping use does not itself cancel an active subscription.

Legal and export compliance

You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a country supporting terrorism, and that you are not listed on any United States Government list of prohibited or restricted parties. You must not use or export Vivalore in violation of United States law or the laws of the jurisdiction in which you obtained it.

Developer information and contact

Developer and licensor: Gamina Teknoloji ve Yazılım Hizmetleri A.Ş.; registered postal address: Esentepe Mah. Talat Paşa Cad. No: 5, İç Kapı No: 1, Şişli, İstanbul, Türkiye; telephone: +90 536 693 30 71.

Questions, complaints, and claims about Vivalore may be sent to support@gamina.app. Support: https://vivalore.gamina.app/support.

Apple as third-party beneficiary

You and Gamina acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple has the right, and is deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary.

Related terms

The Vivalore Terms of Use are available at https://vivalore.gamina.app/terms, the Privacy Policy at https://vivalore.gamina.app/privacy, and support at https://vivalore.gamina.app/support. If a mandatory law gives you rights that conflict with this Agreement, that mandatory law controls to the extent of the conflict.