End User License Agreement (EULA) for Sparky Habits
Last Updated: March 20, 2025
This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Brain Dance Designs LLC ("Company"), governing the use of the Sparky Habits mobile application ("App").
By downloading, installing, or using the App, you agree to the terms of this Agreement. If you do not agree, you must delete the App and discontinue use immediately.
1. Acknowledgement and Agreement to Apple's Standard EULA
1.1 This Agreement supplements Apple's Standard End User License Agreement ("Apple EULA"), which applies to all App Store apps. The full Apple EULA is available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
1.2 This Agreement is solely between the User and Brain Dance Designs LLC, and not with Apple. Brain Dance Designs LLC is solely responsible for the App and its content.
2. License Grant & Usage Restrictions
2.1 Limited License: The Company grants you a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.
2.2 Restrictions: You may not:
a) Copy, modify, or distribute the App.
b) Attempt to reverse-engineer or bypass Pro subscription requirements.
c) Share or resell Pro access to others.
2.3 Violation of these terms may result in account suspension or termination of access.
2.4 This license is limited to use on Apple-branded products owned or controlled by the User, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
3. Maintenance and Support
3.1 Brain Dance Designs LLC is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish any maintenance or support services for the App.
4. Subscription, Lifetime Purchase & Refund Policy
4.1 Free Trial & Subscription Billing:
a) Users receive a 14-day free trial before being billed for a monthly or yearly subscription.
b) After the trial ends, users are automatically billed at the then-current subscription rate unless canceled.
c)Subscriptions auto-renew unless canceled at least 24 hours before the next billing cycle, or per Apple’s then current standard renewal policy.
d)Subscription charges are processed by Apple and appear on the user’s Apple ID account.
4.2. Cancellation Policy:
a) Users may cancel their subscription at any time only via Apple’s then current subscription cancellation process.. No other form of cancellation will be accepted.
b) Once canceled, users retain Pro access until the end of the current billing cycle, after which access reverts to the Free plan.
4.3 Refund Policy:
a) No prorated refunds are issued if a user cancels mid-cycle.
b) All purchases are final and non-refundable, except where required by law.
c) Refund requests must be submitted to Apple Support, as Apple handles all App Store transactions.
4.4 No Refund Policy for Lifetime Pro:
a) Lifetime Pro is a one-time, non-refundable purchase.
b) Once purchased, Lifetime Pro cannot be refunded, canceled, or transferred under any circumstances.
4.5 Legacy Users:
a) Users who purchased the app before the introduction of subscriptions may, at the developer’s discretion, receive a Lifetime Pro license.
b) This is not guaranteed and is not eligible for refunds.
5. Warranties
5.1 In the event of any failure of the App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Brain Dance Designs LLC.
6. No Warranty Disclaimer
6.1 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. BRAINDANCE DESIGNS LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6.2 BRAINDANCE DESIGNS LLC DOES NOT GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. THE USER ASSUMES ALL RISKS ASSOCIATED WITH USING THE APP, INCLUDING DATA LOSS OR DAMAGE TO DEVICES.
6.3 IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
7. Product Claims
7.1 Brain Dance Designs LLC, not Apple, is responsible for addressing any claims from the User or third parties relating to the App, including but not limited to:
a) product liability claims;
b) any claim that the App fails to conform to any applicable legal or regulatory requirement;
c) claims arising under consumer protection, privacy, or similar legislation.
8. Intellectual Property Rights
8.1 In the event of any third-party claim that the App or the User’s possession and use of the App infringes on a third party’s intellectual property rights, Brain Dance Designs LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
9. Legal Compliance
9.1 The User represents and warrants that they are not:
a) Located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country;
b) Listed on any U.S. Government list of prohibited or restricted parties.
10. Third Party Terms of Agreement
10.1 The User acknowledges and agrees that their use of the App may be subject to third-party terms, conditions, and agreements, including but not limited to those imposed by wireless data service providers, operating system providers, and hardware manufacturers. The User is solely responsible for ensuring compliance with any such third-party agreements, and Brain Dance Designs LLC shall have no liability for any breach of such agreements by the User.
11. Third Party Beneficiary
11.1 The User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement. Upon the User’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the User as a third-party beneficiary thereof.
12. Free vs. Pro Access
12.1 The features available in the Free and Pro versions of Sparky Habits are subject to change at the developer’s discretion. The most up-to-date details on feature availability can always be found on our website: https://www.sparkyhabits.com
13. Data Privacy & User Responsibilities
13.1 Sparky Habit’s Data Privacy and User Responsibility policy is as follows:
a) Sparky Habits stores habit tracking data using Apple’s CloudKit (iCloud).
b) The Company does not collect, sell, or share personal data.
c) Users are responsible for their own tracking data and must back up their devices accordingly.
14. Dispute Resolution, Chargeback Waiver & Limitation of Liability
14.1 Governing Law:
a) This Agreement is governed by the laws of the State of Michigan, without regard to conflict of law principles.
14.2 Dispute Resolution:
a) The Parties agree that any disputes that may arise as a result of this Agreement or the provision of Services pursuant to this Agreement will first be attempted to be resolved through discussion between the Parties. If the dispute cannot be resolved on terms satisfactory to both Parties, the Parties shall in good faith enter into mediation to resolve the dispute.
b) Upon failure to mediate any such disputes in good faith, any controversy or claim arising out of or relating to this Agreement or the parties' dealings shall be settled by arbitration via remote participation or in Oakland County, Michigan, if the arbitrator determines in person participation is necessary, in accordance with the then-governing rules of the American Arbitration Association. Judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction.
c) The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all its Costs and Fees. "Costs and Fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses (such as copying and telephone), court costs, witness fees and attorneys' fees. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.
d) Class-action lawsuits are not permitted—all disputes must be resolved on an individual basis.
14.3 Chargeback Waiver:
a) By purchasing a subscription or Lifetime Pro, users agree to the refund policy in this Agreement.
b) Users waive the right to initiate a chargeback for any payments made in accordance with the refund policy.
c) Refunds are only available through Apple Support and not directly from the Company.
14.4. Limitation of Liability & Damages:
a) The Company is not liable for any loss of data, missed habit tracking, or app unavailability.
b) Users agree that the maximum damages they can seek are limited to the amount paid for the current subscription period.
c) Under no circumstances shall the Company be liable for indirect, incidental, or consequential damages, including lost productivity or business losses.
15. Developer Name and Address
15.1 For any questions, complaints, or claims regarding the App, please contact:
Brain Dance Designs LLC
7111 Dixie Hwy #133, Clarkston, MI 48348
Email: info@braindance.io
Website: https://www.sparkyhabits.com