Terms of Use & EULA

These Terms of Use and End User License Agreement ("Agreement" or "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nembly Studio ("Nembly Studio," "we," "us," or "our"), a sole proprietorship registered in Norway, governing your access to and use of the Glow Counter application ("App") on iPhone and Apple Watch, and any related services.

By downloading, installing, or using the App, you confirm that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these Terms, do not download or use the App.

This Agreement incorporates and is subject to Apple's standard End User License Agreement for App Store applications, available at apple.com/legal/internet-services/itunes/dev/stdeula/. In the event of a conflict between this Agreement and Apple's standard EULA, this Agreement governs to the extent permitted by Apple.

1. The application

Glow Counter is a counting application available on iPhone and Apple Watch. It allows users to create, manage, and track counters with customisable appearance options. The App works fully offline and does not require an internet connection for any core functionality. Features, content, and availability may change over time through updates distributed via the App Store.

2. License grant

Subject to your compliance with this Agreement, Nembly Studio grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes, in accordance with the Usage Rules set forth in Apple's App Store Terms of Service.

This license does not include the right to sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the App or any content therein.

3. Purchases and in-app content

3.1 App unlock — one-time purchase

Glow Counter is available as a one-time purchase of 29 kr, processed through your Apple ID account via the App Store. This single, non-recurring payment unlocks full access to the App's core features. You will not be charged again for continued use of the App's core functionality.

3.2 Appearance packs and non-consumable items

The App offers optional appearance packs and cosmetic items (such as themes, colour schemes, and visual styles) as separate non-consumable in-app purchases. Each such item is purchased once and owned permanently — you are never charged again for the same item.

Non-consumable purchases are tied to your Apple ID. They can be restored on any device associated with the same Apple ID by using the "Restore Purchases" function within the App.

3.3 Future content

Nembly Studio may release additional appearance packs and other non-consumable items in the future. Such new items are separate optional purchases and are not included in the base App unlock or any previously purchased items. Purchasing them is always optional and entirely at your discretion. Your existing purchases are never removed or reduced by the introduction of new content.

3.4 What purchases do not include

No purchase grants ownership of the App itself or any intellectual property rights in its content. All purchases grant a license to use specific features or content within the App, subject to the terms of this Agreement.

3.5 Pricing and refunds

All prices are displayed at the time of purchase and may vary by region due to local taxes and currency conversion. All payments are processed by Apple. Nembly Studio does not process payments or refunds directly. Refund requests must be submitted to Apple in accordance with the App Store refund policy at support.apple.com.

4. Apple Watch

Glow Counter is available as a companion app on Apple Watch. The Apple Watch version is included with your App purchase and does not require a separate payment. The Watch app communicates with the iPhone app over your local device connection using Apple's WatchConnectivity framework. No data is sent to any external server as a result of this communication. Apple Watch support is provided on a best-efforts basis and may be subject to changes in watchOS compatibility over time.

5. Privacy and data collection

Glow Counter collects no personal data from its users. The App operates entirely offline. All counter data, settings, and purchased content are stored locally on your devices. No analytics, advertising SDKs, or tracking mechanisms are embedded in the App. For full details, see our Privacy Policy.

6. Intellectual property

The App, including but not limited to its design, artwork, user interface, visual themes, source code, and all related content, is owned by Nembly Studio and is protected by Norwegian and international intellectual property laws, including copyright and trade secret law. All rights not expressly granted in this Agreement are reserved by Nembly Studio.

The Nembly Studio name and logo are trademarks of Nembly Studio. You may not use any Nembly Studio trademarks without prior written consent.

7. Restrictions

You agree that you will not, and will not permit or assist any third party to:

• Copy, modify, adapt, translate, or create derivative works based on the App or any of its appearance content;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the App, except to the extent expressly permitted by applicable law;
• Sell, rent, lease, sublicense, distribute, transfer, or otherwise make the App or any purchased content available to third parties;
• Remove or alter any copyright, trademark, or other proprietary notices in or on the App;
• Use the App for any commercial purpose or in any way that violates applicable law;
• Circumvent, disable, or otherwise interfere with any purchase-verification or access-control mechanisms of the App.

8. App data and progress

Your counter data and settings are stored locally on your device only. Nembly Studio does not provide cloud backup or sync services beyond device-to-device WatchConnectivity. If you delete the App, switch devices, or reset your device, your local counter data may be permanently lost. Purchased non-consumable items can always be restored via "Restore Purchases" as long as your Apple ID is active.

9. Updates and changes to the App

Nembly Studio may release updates to the App from time to time. Updates may add, modify, or remove features. Continued use of the App following an update constitutes acceptance of any changes introduced by that update. Nembly Studio reserves the right to discontinue the App or any feature at any time. Where practical, reasonable advance notice of significant discontinuations will be provided.

10. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Nembly Studio does not warrant that the App will be uninterrupted, error-free, or compatible with every device, operating system version, or Apple Watch model. App and Apple Watch performance depends on hardware and software conditions outside Nembly Studio's control.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEMBLY STUDIO, ITS OWNER, OFFICERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF COUNTER DATA, LOSS OF REVENUE, OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF NEMBLY STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL NEMBLY STUDIO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP EXCEED THE AMOUNT YOU PAID FOR THE APP AND IN-APP PURCHASES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR USD $60.00, WHICHEVER IS GREATER.

Nothing in this Agreement limits any rights you may have under applicable mandatory consumer protection law, including Norwegian consumer protection legislation.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nembly Studio and its owner from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the App in violation of this Agreement or applicable law.

13. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies in your possession. Sections 6, 7, 10, 11, 12, and 15 of this Agreement shall survive termination. Termination does not affect your right to restore previously purchased non-consumable items if your Apple ID remains in good standing.

14. Governing law and dispute resolution

This Agreement is governed by the laws of Norway, without regard to its conflict-of-law principles. Any dispute arising out of or relating to this Agreement or the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts of Norway.

If you are a consumer resident in the European Economic Area, you may also be entitled to bring disputes before the consumer protection authority or alternative dispute resolution body in your country of residence. Nothing in this Agreement limits those rights.

If you are a consumer in Norway, mandatory provisions of the Norwegian Consumer Purchase Act (forbrukerkjøpsloven) and related consumer protection legislation apply and take precedence over any conflicting term in this Agreement.

15. Apple-specific terms

• This Agreement is between you and Nembly Studio only, and not with Apple Inc. Apple is not responsible for the App or its content.
• Apple has no obligation to furnish maintenance or support services for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price paid. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims relating to the App, including product liability, consumer protection, or intellectual property infringement claims.
• Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, Apple will have the right to enforce it as a third-party beneficiary.

16. Severability and entire agreement

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions continue in full force. This Agreement, together with Apple's standard EULA and the App Store Terms of Service, constitutes the entire agreement between you and Nembly Studio with respect to the App.

17. Changes to this agreement

Nembly Studio reserves the right to update this Agreement at any time. Material changes will be communicated by updating the "Last updated" date at the top of this page. Continued use of the App after changes take effect constitutes your acceptance of the revised Agreement.

18. Contact

Nembly Studio
Email: nemblystudio@outlook.com