End User License Agreement

1. About This Agreement#

This End User License Agreement ("EULA") is between you and Afria Technologies LLC ("Afria", "we", "us"). It covers your download and use of the ChekBuk mobile app for iOS and Android, including updates and related documentation (the "App").

By downloading, installing or using the App, you agree to this EULA. If you don't agree, don't use the App. You must be at least 18.

2. How This Fits With Our Terms#

This EULA covers the App as software. Your use of the ChekBuk service itself (your account, wallets, transfers, conversions, withdrawals, stablecoins and escrow) is covered by our Terms of Service and the documents they include: the Privacy Policy, Acceptable Use Policy, Fee Schedule and Escrow Terms.

If this EULA and the Terms of Service conflict about the App as software, this EULA wins. For everything else, the Terms of Service win. If you got the App from the Apple App Store, Sections 3 to 12 apply on top of, and take priority over, any conflicting term in this EULA or the Terms of Service.

3. Agreement With Afria, Not Apple#

You and Afria agree that this EULA is between you and Afria only, not Apple Inc. ("Apple"). Afria, not Apple, is solely responsible for the App and its content.

This EULA does not set usage rules that conflict with the Apple Media Services Terms and Conditions as of the date you accept it. If anything here conflicts with the Usage Rules in those terms, the Usage Rules win.

4. Your License (Apple)#

If you follow this EULA, Afria gives you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded products you own or control, only as the Usage Rules in the Apple Media Services Terms and Conditions allow.

Other accounts linked to you may use the App through Family Sharing or volume purchasing where the Usage Rules allow. But everyone who uses the ChekBuk service needs their own ChekBuk account, must be at least 18, and must agree to the Terms of Service.

5. Maintenance and Support (Apple)#

Afria alone is responsible for maintenance and support of the App, as described in this EULA or required by law. Reach us at support@chekbuk.com.

You and Afria agree that Apple has no obligation at all to provide maintenance or support for the App.

6. Warranty (Apple)#

Afria alone is responsible for any product warranties, express or implied by law, to the extent they have not been effectively disclaimed.

If the App fails to meet any applicable warranty, you can notify Apple, and Apple will refund the App's purchase price, if any. The App is free to download, so the purchase price is zero. To the fullest extent the law allows, Apple has no other warranty obligation for the App.

Between you and Afria, any other claims, losses, liabilities, damages, costs or expenses caused by a failure to meet a warranty are Afria's sole responsibility, subject to Sections 16 and 17 and the Terms of Service.

7. Product Claims (Apple)#

You and Afria agree that Afria, not Apple, is responsible for handling any claims by you or anyone else about the App or your possession and use of it, including:

• product liability claims;
• claims that the App fails to meet any legal or regulatory requirement; and
• claims under consumer protection, privacy or similar laws, including about the App's use of the HealthKit or HomeKit frameworks, if any.

This EULA does not limit Afria's liability to you beyond what the law allows.

8. Intellectual Property Claims (Apple)#

You and Afria agree that if anyone claims the App, or your possession and use of it, infringes their intellectual property rights, Afria, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.

9. Legal Compliance (Apple)#

You confirm that:

• you are not in a country under a US Government embargo, or one the US Government has designated as "terrorist supporting"; and
• you are not on any US Government list of prohibited or restricted parties.

You also agree to follow all export control and sanctions laws that apply to the App and your use of it. Our Acceptable Use Policy sets further limits on the ChekBuk service.

10. Developer Name and Address (Apple)#

The App is developed and provided by Afria Technologies LLC, legal@chekbuk.com.

Send questions, complaints or claims about the App to:

• Support: support@chekbuk.com
• Legal notices: legal@chekbuk.com
• General enquiries: hello@chekbuk.com

11. Third-Party Terms (Apple)#

When using the App, you must follow any third-party agreements that apply. For example, if you use it over a mobile network, you must not break your wireless data service agreement. You pay any data, messaging or other charges from your mobile carrier or internet provider.

12. Apple as Third-Party Beneficiary#

You and Afria agree that Apple and its subsidiaries are third-party beneficiaries of this EULA. Once you accept this EULA, Apple has the right (and is deemed to have accepted the right) to enforce it against you as a third-party beneficiary.

13. Google Play#

If you got the App from Google Play, the Google Play Terms of Service also apply to your download and use of Google Play. Google LLC and its affiliates ("Google") are not a party to this EULA and are not responsible for the App, its content, maintenance, support or any claims about it. Afria alone is responsible for the App. If this EULA conflicts with the Google Play Terms of Service about your use of Google Play, the Google Play terms win.

14. What You Can't Do#

The App is licensed, not sold. Afria and its licensors keep all rights, title and interest in the App, including all intellectual property. Any rights we don't expressly give you are reserved.

Unless this EULA or non-excludable law allows it, you must not:

• copy, modify, translate or make derivative works of the App;
• decompile, disassemble, reverse engineer or try to get its source code;
• remove, change or hide any proprietary notices;
• rent, lease, lend, sell, sublicense, distribute or otherwise make the App available to anyone else;
• use it on a jailbroken or rooted device, or get around any security, integrity or anti-fraud feature;
• use bots, scripts or other automated means with the App or the ChekBuk service;
• use it to build a competing product, or reach the ChekBuk service through any interface other than ours;
• interfere with or disrupt the App, our servers or networks, or try to access them without permission; or
• use it in breach of the Terms of Service, the Acceptable Use Policy or any law.

15. Updates and Permissions#

Updates. We release updates, fixes and new versions from time to time. Some install automatically, depending on your device settings. Some are required for security, legal or partner reasons, and you may not be able to use the App or some features until you install them. We may add, change or remove features, and stop supporting older App versions or operating systems. This EULA covers all updates unless they come with separate terms.

Permissions. The App asks your device for permissions to work. You can manage most of them in your device settings, but some features won't work without them.

Biometric unlock. Biometric unlock (Face ID or fingerprint) is handled by your device. The App only learns whether the check succeeded. We never receive your biometric data from it. Anyone whose biometrics are enrolled on your device may be able to unlock the App, so only turn this on if you're the only one enrolled.

Camera and identity checks. Identity checks use a selfie and a photo of your ID. Our identity verification partner processes them to confirm it's you, as described in our Privacy Policy. Where the law requires it, we ask for your explicit consent in the App first.

Push notifications. If you allow them, we store a push token for your device so we can send alerts. You can turn notifications off in your device settings, but we may still send important account and security notices by email or in the App.

16. Disclaimer of Warranties#

To the fullest extent the law allows, and subject to Section 6, the App is provided "as is" and "as available", with all faults and without any warranty. Afria disclaims all warranties and conditions, express, implied or statutory, including merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement.

We don't promise the App will meet your needs, run without interruption or errors, work on every device, or be free of harmful components. Some places don't allow certain warranty exclusions, so some of these may not apply to you.

17. Limitation of Liability#

To the fullest extent the law allows, Afria is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data, use or goodwill, arising from the App or this EULA, however caused, even if we were told they were possible.

Our total liability is limited to the greater of the fees you paid us in the 12 months before the claim or US$100. This matches our Terms of Service. These limits don't apply where the law doesn't allow limits, such as fraud, gross negligence, death or personal injury, or anything else that can't be limited.

18. Ending This EULA#

This EULA lasts until it ends. Your rights end automatically, without notice, if you break any of its terms. We may also end or suspend your license at any time, including if we close your ChekBuk account or stop offering the App.

You can end this EULA at any time by deleting the App from all your devices. Deleting the App does not close your ChekBuk account. To close it, follow the steps in the Terms of Service.

When this EULA ends, you must stop using the App and delete all copies. Sections 8, 14 and 16 to 20 survive.

19. Export, Law and Disputes#

The App may be subject to US export control and sanctions laws. Don't export, re-export or use it in breach of them.

This EULA is governed by the laws that apply where Afria Technologies LLC is organised, without regard to conflict-of-law rules. If you are a consumer, you also keep any rights your local law gives you that can't be waived. The courts of that same place handle disputes, unless your local consumer law lets you bring a claim where you live.

20. General#

• Changes. We may update this EULA. We'll give you at least 30 days' notice of material changes, by email or in the App, unless the law or our partners require a change sooner. Using the App after a change takes effect means you accept it.
• Severability. If any part is found unenforceable, the rest still applies.
• No waiver. If we don't enforce a term, we haven't given it up.
• Assignment. You can't transfer this EULA. We can assign it as described in the Terms of Service.
• Entire agreement. This EULA, with the Terms of Service and the documents they include, is the whole agreement between you and Afria about the App.

21. Contact Us#

Questions about this EULA or the App: support@chekbuk.com. Legal notices: legal@chekbuk.com.