End User License Agreement

Please read this End User License Agreement ("Agreement") carefully before using the Application.

This Agreement is a legal agreement between you ("User" or "you") and Flore Technologies, LLC ("Developer," "we," "us," or "our") for the use of Dee Jellie ("Licensed Application"), a music player application that connects to Jellyfin media servers. The Licensed Application is licensed, not sold, to you.

By downloading, installing, or using the Licensed Application, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Licensed Application.

1. Acknowledgement

You and Flore Technologies, LLC acknowledge that this Agreement is concluded between you and Flore Technologies, LLC only, and not with Apple Inc. ("Apple"). Flore Technologies, LLC, not Apple, is solely responsible for the Licensed Application and the content thereof. This Agreement may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions as of the date you accepted this Agreement.

2. Scope of License

Flore Technologies, LLC grants you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Flore Technologies, LLC that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license agreement. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application and, if you sell your Apple device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).

3. Maintenance and Support

Flore Technologies, LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. Support is provided on a best-efforts basis. Flore Technologies, LLC makes no guarantees regarding response times, availability of support, continued development, or compatibility with future operating system versions or devices. You and Flore Technologies, LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty

Flore Technologies, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. 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 for the Licensed Application to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Flore Technologies, LLC's sole responsibility.

5. Product Claims

You and Flore Technologies, LLC acknowledge that Flore Technologies, LLC, 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: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This Agreement may not limit Flore Technologies, LLC's liability to you beyond what is permitted by applicable law.

6. Intellectual Property Rights

You and Flore Technologies, LLC acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Flore Technologies, LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7. Legal Compliance

You may not use or otherwise export or re-export the Licensed Application except as authorized by 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 U.S.-embargoed countries or (b) to anyone on 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 United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

8. Developer Name and Address

Any questions, complaints, or claims with respect to the Licensed Application should be directed to:

9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application. In particular:

• The Licensed Application connects to third-party Jellyfin media servers. Your use of any Jellyfin server is subject to the terms and conditions of the server operator. Flore Technologies, LLC is not responsible for the content, availability, or operation of any Jellyfin server.
• Your use of the Licensed Application may require an active internet connection provided by a third-party network provider. You must not be in violation of your wireless data service agreement or any other applicable network provider agreement when using the Licensed Application. You are responsible for any charges imposed by your network provider, including data usage fees.
• The Licensed Application may use third-party services for functionality such as iCloud sync. Your use of these services is subject to the respective third-party terms and conditions.

10. 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 the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

11. Data and Privacy

The Licensed Application does not collect, transmit, or share any personal data or usage information with Flore Technologies, LLC. The Licensed Application may generate usage statistics and analytics (such as listening history and playback stats) for your personal use; however, all such data is stored exclusively on your device or through Apple platform services (such as iCloud) and is not accessible to or collected by Flore Technologies, LLC. Any data you enter into the Licensed Application (such as server credentials) is likewise stored locally on your device or through Apple platform services and is not accessible to Flore Technologies, LLC. Your use of the Licensed Application is also subject to Flore Technologies, LLC's Privacy Policy, available at deejellie.com/privacy.

12. Subscription Terms

The Licensed Application offers optional in-app subscription purchases ("Supporter" tiers). By subscribing, you agree to the following:

• Payment will be charged to your Apple ID account at confirmation of purchase.
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of the selected plan.
• You can manage and cancel your subscriptions by going to your account settings in the App Store after purchase.
• Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.

13. Termination

This Agreement is effective until terminated by you or Flore Technologies, LLC. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Flore Technologies, LLC may, at its sole discretion, provide you with written notice of any such failure and a reasonable opportunity to cure the breach before termination takes effect. Upon termination, you shall cease all use of the Licensed Application and destroy all copies in your possession.

14. Content and External Services

The Licensed Application is a media player that enables you to access and play media files from your own personal collection or from third-party Jellyfin media servers that you configure. Flore Technologies, LLC does not host, store, provide access to, distribute, or stream any copyrighted music, video, or other media content. All media content accessed through the Licensed Application is provided by you or by third-party servers that you choose to connect to. You are solely responsible for ensuring that you have the legal right to access and play any media content through the Licensed Application.

The Licensed Application may enable access to Flore Technologies, LLC's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Flore Technologies, LLC is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Licensed Application or any External Service is for general informational purposes only and is not guaranteed by Flore Technologies, LLC or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Flore Technologies, LLC or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that Flore Technologies, LLC is not responsible for any such use. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Flore Technologies, LLC 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.

15. Indemnification

You agree to indemnify, defend, and hold harmless Flore Technologies, LLC, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to attorney's fees) arising from: (i) your use of the Licensed Application; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (iv) any claim that your use of the Licensed Application caused damage to a third party.

16. No Warranty

You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "as is" and "as available," with all faults and without warranty of any kind, and Flore Technologies, LLC hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by Flore Technologies, LLC or its authorized representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

17. Limitation of Liability

To the extent not prohibited by law, in no event shall Flore Technologies, LLC be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Flore Technologies, LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Flore Technologies, LLC's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount actually received by Flore Technologies, LLC from you for the Licensed Application after deduction of any applicable platform fees, commissions, and taxes. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

18. U.S. Government End Users

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

19. Governing Law

This Agreement and the relationship between you and Flore Technologies, LLC shall be governed by the laws of the State of Arizona, excluding its conflicts of law provisions. You and Flore Technologies, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Licensed Application from the U.S.; and (d) you are a citizen of a European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is the United Nations Convention on the International Sale of Goods.

20. Entire Agreement

This Agreement constitutes the entire agreement between you and Flore Technologies, LLC with respect to the Licensed Application and supersedes all prior or contemporaneous understandings regarding such subject matter.

21. Amendments

Flore Technologies, LLC reserves the right to modify this Agreement at any time. Your continued use of the Licensed Application after any such changes constitutes your acceptance of the new terms.

22. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from this Agreement. The remaining provisions of this Agreement shall continue in full force and effect.

23. Waiver

The failure of Flore Technologies, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

24. Assignment

Flore Technologies, LLC may assign or transfer this Agreement, in whole or in part, without restriction and without notice to you. You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Flore Technologies, LLC.

By downloading, installing, or using Dee Jellie, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Flore Technologies, LLC · dev@deejellie.com