Terms of Use
Welcome, and thanks for using Count. These Terms of Use ("Terms") are an agreement between you and ELU LABS, LLC ("ELU LABS," "we," "us") covering your use of the Count app and the countapp.co website (together, the "Service"). By downloading, installing, or using the Service, you agree to these Terms. If you don't agree, please don't use the Service.
The license we grant you
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use Count on devices you own or control, in accordance with the Apple Media Services Terms and Conditions and these Terms. You may not copy, modify, reverse-engineer, redistribute, or sublicense the app, or use it to build a competing product.
Your responsibilities
You're responsible for how you use Count and for the device you run it on. Count stores its data locally on your device — please keep your device backed up if your counts matter to you. We can't recover data that's been lost from a device we never received it from.
Purchases
Any in-app purchases or paid downloads are processed by Apple through the App Store. Refunds, billing questions, and payment issues are handled by Apple under their terms. If you have a question about how Count itself works after a purchase, email us and we'll help.
"As is" — no warranties
Count is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do our best to make Count reliable, but we can't promise it will always be available, error-free, or fit every use case.
Limitation of liability
To the maximum extent permitted by law, ELU LABS will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, arising out of your use of the Service. Our total liability to you for any claim relating to the Service is limited to the amount you paid us for the Service in the twelve months before the claim arose, or, if you didn't pay anything, USD $10.
Acceptable use
Don't use Count to do anything illegal, to attempt to disrupt or compromise the Service, or to violate someone else's rights. We can suspend or revoke your access if you misuse the Service.
Apple's role
Count is licensed, not sold, to you. Apple is not a party to these Terms and is not responsible for the app or its content. However, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Changes to these Terms
We may update these Terms from time to time. When we do, we'll change the "Last updated" date above. Continued use of the Service after changes go live means you accept the new Terms.
Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Delaware, and you and ELU LABS each consent to that jurisdiction.
Contact
Questions about these Terms? Email hello@elulabs.com.