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End User License Agreement

Last Updated: March 16, 2026

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Agathe Battestini ("Company," "we," "us," or "our"), governing your use of the Abecia mobile application, including any updates, content, features, and related services (collectively, the "App").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP.

1. Acknowledgement

This Agreement is concluded between you and Company only, and not with Apple Inc. ("Apple"). Company, not Apple, is solely responsible for the App and its content, except as otherwise provided under applicable law. This Agreement may not provide for usage rules for the App that are less restrictive than the Usage Rules set forth in the Apple Media Services Terms and Conditions.

2. Scope of License

Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Apple-branded products that you own or control, and as permitted by the Usage Rules.

You may not:

  1. copy, reproduce, distribute, or publicly display the App except as expressly permitted by this Agreement;
  2. modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the App, except to the extent such restriction is prohibited by applicable law;
  3. rent, lease, lend, sell, redistribute, or sublicense the App;
  4. use the App for any unlawful purpose or in violation of any applicable law, regulation, or third-party right;
  5. use the App in any manner that could disable, overburden, damage, or impair the App or related systems.

3. Eligibility

You represent and warrant that you are legally capable of entering into this Agreement. If you are using the App on behalf of an entity, you represent and warrant that you have authority to bind that entity to this Agreement.

4. Account Registration

Certain features may require an account. You agree to provide accurate, current, and complete information and to maintain and promptly update that information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

5. Subscriptions, Purchases, and Billing

If the App offers subscriptions, in-app purchases, or paid features:

  1. all payments are processed through Apple's in-app purchase system where required;
  2. pricing and billing terms are disclosed at the point of purchase;
  3. subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period;
  4. you may manage or cancel subscriptions in your Apple account settings;
  5. except as required by law or Apple policy, payments are non-refundable.

6. User Content

If the App allows you to submit, upload, create, store, or share content ("User Content"), you retain ownership of your User Content. You grant Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify solely as necessary for technical processing, display, perform, and distribute your User Content for the purpose of operating, improving, and providing the App.

You represent and warrant that:

  1. you own or control all rights in and to your User Content;
  2. your User Content does not infringe, misappropriate, or violate any third-party rights;
  3. your User Content complies with applicable laws and this Agreement.

We may remove User Content that violates this Agreement or applicable law.

7. Privacy

Your use of the App is also subject to our Privacy Policy, available at https://abecia.app/privacy, which is incorporated into this Agreement by reference.

8. Consent to Electronic Communications

By using the App, you consent to receive electronic communications from Company relating to the App, your account, transactions, support, and legal notices.

9. Maintenance and Support

Company is solely responsible for providing any maintenance and support services with respect to the App, if any, as specified by Company or required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

Support contact:

https://abecia.app/support

10. Third-Party Services and Materials

The App may display, include, or make available third-party content, data, interfaces, websites, or services. Your use of third-party services may be subject to separate terms and privacy policies. Company is not responsible for third-party services or materials.

11. Third-Party Materials

The App may include, use, or incorporate software, libraries, content, fonts, or other materials licensed from third parties ("Third-Party Materials"). Such Third-Party Materials may be subject to separate license terms, notices, and disclaimers. To the extent required by the applicable license terms for any Third-Party Materials, those terms will govern your use of the relevant Third-Party Materials.

Nothing in this Agreement is intended to limit your rights under any applicable open-source license or to grant you rights that supersede any third-party license terms. Copies of applicable third-party notices and attributions may be provided within the App or otherwise made available by Company.

No Transfer of Third-Party Rights. Third-Party Materials are licensed, not sold, and all rights, title, and interest in and to such Third-Party Materials remain with their respective owners and licensors. Except as expressly permitted by applicable law or the applicable third-party license, you may not copy, extract, modify, distribute, sublicense, or otherwise exploit any Third-Party Materials independent of the App.

12. Intellectual Property Rights

The App, including all software, design, text, graphics, interfaces, trademarks, logos, and other content provided by Company, is owned by or licensed to Company and is protected by intellectual property and other laws.

If any third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

13. Product Claims

Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including:

  1. product liability claims;
  2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection, privacy, or similar legislation.

14. Warranty Disclaimer

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. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

Company does not warrant that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that defects will be corrected.

If applicable law does not allow the exclusion of certain warranties, some or all of the above exclusions may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (US $50.00).

Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Agathe Battestini, its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any third-party claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

  1. your use of the App;
  2. your violation of this Agreement;
  3. your violation of any law or regulation;
  4. your User Content; or
  5. your infringement or misappropriation of any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights.

Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

17. Termination

This Agreement is effective until terminated by you or Company. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.

You may terminate this Agreement at any time by ceasing all use of the App and deleting all copies of the App from your devices.

Company may suspend or terminate your access to the App at any time, with or without notice, if:

  1. you violate this Agreement;
  2. Company is required to do so by law;
  3. continued operation of the App is no longer commercially feasible; or
  4. your use of the App creates risk, harm, or potential legal exposure for Company, other users, or third parties.

Upon termination:

  1. the license granted to you under this Agreement will immediately end;
  2. you must stop using the App and delete all copies in your possession or control; and
  3. Sections that by their nature should survive termination will survive, including without limitation provisions relating to intellectual property, disclaimers, limitations of liability, governing law, and dispute resolution.

18. Export Compliance

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported:

  1. into any U.S.-embargoed countries; or
  2. to anyone on any U.S. government list of prohibited or restricted parties.

By using the App, you represent and warrant that you are not located in any such country or on any such list and that you will comply with all applicable export control laws and regulations.

19. Legal Compliance

You represent and warrant that:

  1. you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; and
  2. you are not listed on any U.S. Government list of prohibited or restricted parties.

20. Governing Law

This Agreement and any dispute arising out of or relating to this Agreement or the App will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

If you are a consumer residing in a jurisdiction with mandatory consumer protection laws, nothing in this Agreement will deprive you of the protections afforded to you by those mandatory laws.

21. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement or the App shall be resolved exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction and venue of those courts, unless applicable law requires otherwise.

22. 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 to enforce this Agreement against you as a third-party beneficiary.

23. Changes to This Agreement

Company may modify this Agreement from time to time. If Company makes material changes, Company will provide notice as required by applicable law, which may include posting the updated Agreement within the App or on Company's website, or otherwise notifying you electronically.

Your continued use of the App after the effective date of the revised Agreement constitutes your acceptance of the changes. If you do not agree to the revised Agreement, you must stop using the App.

24. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

25. Waiver

No waiver by Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition. Any failure of Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

26. Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms incorporated by reference, constitutes the entire agreement between you and Company regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the App.

27. Contact Information

If you have any questions, complaints, or claims with respect to the App, please contact:

Agathe Battestini

https://abecia.app/support

28. Apple-Specific Terms

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

Apple is not responsible for addressing:

  1. claims relating to product liability;
  2. any claim that the App fails to conform to any applicable legal or regulatory requirement; or
  3. claims arising under consumer protection, privacy, or similar legislation.

Company reserves all rights not expressly granted to you under this Agreement.


Agathe Battestini · By using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Abecia

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