Fernly Terms of Use & End-User License Agreement

Last Amended: June 17, 2026

This End-User License Agreement (“EULA” or “Terms”) establishes a binding legal contract between you (the individual user) and Fernly (the “Owner”) concerning our mobile applications and games designed for cellular and mobile devices (collectively referred to as the “Software” or “Apps”).

Installing, copying, accessing, or otherwise interacting with the Software indicates your full acceptance of these Terms. If you do not agree to be bound by this EULA, do not install or use our Software.

1. Grant of License

The Software is licensed to you, not sold. Subject to your strict compliance with this agreement, the Owner grants you a limited, non-assignable, non-transferable, revocable, and non-sublicensable right to operate one personal copy of the Software on a single mobile device for your personal, non-commercial use. This agreement transfers no intellectual property ownership, title, or proprietary rights to you; it represents an authorization of use only.

2. Intended Use & Prohibited Actions

Except where explicitly permitted in writing by the Owner, you are strictly prohibited from copying, distributing, or transferring the Software across multiple networks or devices. You shall not, nor allow others to:

• Decompile, disassemble, reverse-engineer, or attempt to extract the source code of the Software.
• Incorporate the Software or any of its components into secondary software products.
• Adapt, alter, modify, or create derivative works based upon the Software.
• Deploy the Software for any commercial monetization or revenue-generating purposes.
• Rent, lease, lend, sell, redistribute, or sublicense the Software or your access rights. Any such unauthorized transfer attempts are completely null and void.

3. Intellectual Property & Copyrights

You acknowledge that all global intellectual property rights, titles, and interests in the Software belong exclusively to the Owner. You acquire no rights, explicit or implied, beyond the limited usage permissions defined herein. You must not remove, alter, or conceal any copyright notices, trademark tags, or proprietary labels embedded within the Software package or associated digital downloads.

4. Warranty Disclaimer

The Software is delivered to you on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. To the maximum extent permitted by law, we disclaim all explicit or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular objective, and non-infringement of third-party intellectual property. You assume all risks concerning the operational performance, quality, and accuracy of the Software. We do not guarantee that the functions within the Software will fulfill your explicit demands or that app operations will remain uninterrupted or completely free of errors.

5. Extent of Liability

To the maximum extent permitted by applicable law, the Owner shall not be held liable for any special, collateral, consequential, indirect, or punitive damages resulting from your possession, use, or operational failure of the Software. This includes, without limitation, physical property damage, loss of business goodwill, computer or mobile device breakdown, lost profits, or personal injury claims, whether rooted in contract, tort (including active negligence), strict liability, or alternative legal theories, even if the Owner has been warned of the possibility of such outcomes. In jurisdictions where certain exclusions of liability are legally prohibited, our total collective liability for any and all claims shall never exceed the actual monetary amount paid by you to purchase or utilize the Software.

6. Pricing and Premium Upgrades

The basic version of the App is provided free of charge, allowing access to standard core functionalities upon installation.

In-App Purchases: Certain advanced features, analysis parameters, and premium add-ons (“Premium Options”) require financial purchases, including recurring subscriptions.

Subscription Management: Detailed pricing metrics and subscription tiers are outlined on the App’s storefront signup screen. If a free trial period is provided, it will automatically transition into a paid recurring subscription at the conclusion of the trial, unless you disable auto-renew settings at least twenty-four (24) hours before the current cycle ends. Your account will be invoiced for renewal within the 24-hour window preceding the close of the active billing period.

Adjustments: We reserve the right to alter, replace, or cancel subscription configurations and pricing matrixes at our sole discretion. Prices are stated in USD and may fluctuate based on local currency conversions and regional application store taxes.

Processing: Payments are processed securely via your connected application store platform account at confirmation of purchase. Removing or uninstalling the App from your physical hardware does not cancel or stop your recurring billing cycle.

7. Termination and Cancellation

If you have enrolled in a Premium Option via an external marketplace (such as the Apple App Store or Google Play Store), you must manage and cancel your subscriptions directly through your platform account settings menu, following their standard cancellation frameworks. All cancellations take effect at the conclusion of your active billing interval. Once a transaction charge has cleared for an active period, no partial refunds or credits will be issued for the remaining days of that cycle.

8. Mandatory Mobile Platform Clauses (Apple iOS)

If you downloaded our Software via the Apple App Store or operate it on an iOS platform, you acknowledge and agree to the following mandatory notice:

• This contract is executed solely between you and Fernly, not with Apple, Inc. (“Apple”). Apple holds no responsibility or liability for the Software, its internal code, or its content.
• Apple is under no obligation to deliver maintenance, troubleshooting, or support services for the Software.
• In the event the App fails to conform to any statutory warranty, you may alert Apple for a refund of the initial application purchase price (if any). To the maximum extent permitted by law, Apple maintains no secondary warranty obligations regarding the Software.
• Apple is not responsible for settling claims brought by you or third parties regarding the App, including: (a) product liability issues; (b) regulatory non-compliance claims; and (c) consumer protection disputes.
• Apple shall not handle the defense, investigation, settlement, or discharge of any third-party claims asserting that the App infringes another entity’s intellectual property rights.
• You agree to comply with all applicable third-party terms of agreement when operating the App.
• Apple and its subsidiaries function as third-party beneficiaries of these Terms. Upon your acceptance of this EULA, Apple acquires the legal right (and is deemed to have accepted that right) to enforce these terms against you as a third-party beneficiary.

9. Privacy Protocols

Your interaction with our Services is additionally governed by our comprehensive Privacy Policy. We strongly encourage you to thoroughly review that document to understand how we manage your information.

10. Support and Contact Details

We welcome your questions, complaints, or feedback concerning these Terms of Use or our application services. Please direct all correspondence to our official email address: winxjsc@gmail.com.