Terms and Conditions of PowerUp!

Introduction

These Terms govern (a) the use of PowerUp!, and (b) any other related Agreement or legal relationship with the Owner, in a legally binding way. Capitalized words are defined in the relevant section of this document. The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where PowerUp! has been provided to them via the Apple App Store, Apple may enforce these Terms as a third‑party beneficiary.

What the User should know at a glance

• Some provisions may only apply to certain categories of Users and such limitations are explicitly mentioned within each affected clause.
• Usage of PowerUp! and the Service is age‑restricted as detailed in these Terms.
• PowerUp! uses automatic renewal for Product subscriptions. See the relevant section for details.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using PowerUp!. Single or additional conditions of use or access may apply in specific scenarios and are additionally indicated within this document.

Eligibility

• There are no restrictions for Users in terms of being Consumers or Business Users.
• Users must be older than 16.
• Users aren’t located in a country subject to a U.S. government embargo or designated as a “terrorist‑supporting” country.
• Users aren’t listed on any U.S. government list of prohibited or restricted parties.

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Users are responsible for keeping their credentials confidential and safe and shall choose strong passwords. By registering, Users agree to be fully responsible for all activities under their username and password and must promptly inform the Owner of any breach or suspected breach.

Conditions for account registration

• Accounts registered by bots or any other automated methods are not permitted.
• Unless otherwise specified, each User must register only one account.
• Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time using the tools provided on PowerUp!.

Account suspension and deletion

The Owner may suspend or terminate accounts at any time and without notice, at the Owner's sole discretion, in cases including violations of these Terms, potential injury to the Owner, Users or third parties, suspected illegal use, investigations by legal authorities, or inappropriate or offensive use. Suspension or deletion does not entitle Users to compensation and does not exempt them from paying applicable fees.

Content on PowerUp!

Unless otherwise specified, all content available on PowerUp! is owned or provided by the Owner or its licensors. The Owner undertakes efforts to ensure non‑infringing content and invites Users to report issues. The Owner holds and reserves all intellectual property rights for such content.

Users may not copy, download, share beyond the limits set forth herein, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on PowerUp!, nor allow any third party to do so, except where explicitly stated for personal and non‑commercial use with proper attributions. Statutory limitations or exceptions to copyright remain unaffected.

Access to external resources

Users may access external resources provided by third parties. The Owner has no control over such resources and is not responsible for their content or availability, including third‑party advertisements.

Acceptable use

PowerUp! and the Service may only be used within the scope provided, under these Terms and applicable law. The Owner may deny access, terminate contracts, or report misconduct to protect its legitimate interests where Users violate laws, infringe third‑party rights, impair the Owner’s interests, or offend the Owner or others.

Prohibition of child sexual abuse and exploitation

Creating, uploading, or distributing content that facilitates the exploitation or abuse of children is expressly prohibited.

“Tell‑a‑friend”

Users may receive advantages if a new User purchases a Product as a result of their recommendation. The Owner may end the offer at any time.

TERMS AND CONDITIONS OF SALE

Paid Products

Some Products are provided on the basis of payment. Fees, duration and conditions apply as described below and on PowerUp!. To purchase, the User must register or log in.

Product description

Prices, descriptions or availability of Products are outlined on PowerUp! and may change without notice. Representations are for reference only and imply no warranty. Characteristics of the chosen Product are outlined during purchase.

Purchasing process

1. Choose the desired Product and verify the selection.
2. Place the order by submitting it.

Order submission

• Submitting an order concludes the contract and creates the obligation to pay the price, taxes and applicable fees.
• If the Product requires action from the User, the User must cooperate accordingly.
• Upon submission, Users will receive a receipt confirming that the order has been received. Notifications will be sent to the email provided.

Prices

Users are informed before order submission about any fees, taxes and costs. Prices are displayed including all applicable fees, taxes and costs.

Offers and discounts; Coupons

The Owner may offer discounts or special offers at its sole discretion, typically valid for a limited time or while stocks last. Rules for Coupons include: use within the specified timeframe; no partial or cumulative use; single‑use coupons applied once per purchase; non‑commercial use; and no credit/refund if value differs from redeemed value.

Methods of payment

Accepted payment methods are indicated during purchase. Some methods may have additional conditions or fees. Methods managed directly by the Owner involve the Owner collecting necessary data; otherwise third‑party providers handle payment data. Failed payments relieve the Owner of the obligation to fulfill the order and may give rise to claims for expenses or damages.

Retention of usage rights

Users do not acquire rights to use the purchased Product until the total purchase price is received.

Delivery / Performance of services

Purchased services shall be performed or made available within the timeframe specified on PowerUp! or as communicated before order submission.

Contract duration

Trial period

Users may test PowerUp! or selected Products during a limited, non‑renewable trial at no cost (with potential feature limitations). The trial automatically converts into the equivalent paid Product unless cancelled before it expires.

Subscriptions

Subscriptions provide continuous or regular access. Paid fixed‑term subscriptions start on the day payment is received and last for the chosen period. Once expired, the Product is no longer accessible.

Subscriptions handled via Apple Account

• Payments are charged to the User’s Apple Account.
• Renew automatically unless cancelled at least 24 hours before expiry.
• Renewal fees are charged within 24 hours before the end of the current period.
• Subscriptions can be managed or cancelled in Apple App Store settings.

Automatic renewal of fixed‑term subscriptions

Subscriptions renew through the chosen payment method for a period equal to the original term. The User will receive a reminder of upcoming renewal with instructions to cancel.

Termination

Subscriptions may be terminated by clear notice to the Owner or, if applicable, via in‑app controls. If notice is received no later than 1 day before renewal, termination takes effect at the end of the current period.

Provision of personal data

Access to or receipt of some Products may require Users to provide personal data as indicated on PowerUp!.

User rights

Right of withdrawal (EU Consumers)

Unless exceptions apply, European Consumers may withdraw from distance contracts within the applicable period (generally 14 days), for any reason and without justification.

Exercising the right of withdrawal

Users must send an unequivocal statement of their intention to withdraw before the withdrawal period expires. A model withdrawal form is provided in the Definitions section, but any suitable statement suffices.

When the period expires

For services, the withdrawal period expires 14 days after the contract is entered into unless the User has waived the right.

Effects of withdrawal

Correct withdrawal entitles Users to reimbursement of all payments, excluding any extra delivery costs beyond the least expensive standard delivery. Reimbursement is without undue delay and no later than 14 days from the Owner’s receipt of the decision to withdraw, using the same means of payment unless otherwise agreed.

On the purchase of services already begun

If withdrawal occurs after service performance has begun at the User’s request, the User shall pay an amount proportional to the part of service provided until withdrawal.

Exceptions

• Digital content not supplied on a tangible medium where performance has begun (with applicable consents/acknowledgments), including cases where the contract places the Consumer under no obligation to pay but to provide personal data.
• Services fully performed with the Consumer’s prior express consent and acknowledgment of loss of the withdrawal right once fully performed.

Liability and indemnification

Indemnification

The User agrees to indemnify and hold the Owner and its affiliates harmless from any claim or demand (including reasonable lawyers’ fees and costs) made by any third party due to violations of these Terms, third‑party rights or statutory provisions connected to the User’s use of the Service. This also applies to claims by third parties related to Digital Products provided by the User (e.g., conformity claims).

Limitation of liability

Unless otherwise stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner. This does not apply to damages to life, health or physical integrity, damages resulting from breach of material contractual obligations, or damages resulting from intent or gross negligence, provided PowerUp! has been appropriately used. In such cases, liability is limited to typical and foreseeable damages at the time of contract.

Common provisions

No Waiver

Failure to assert any right or provision is not a waiver. No waiver is a continuing waiver.

Service interruption

The Owner may interrupt the Service for maintenance, updates or other changes, and may suspend or discontinue the Service. If discontinued, the Owner will cooperate to enable Users to withdraw personal data and will respect Users' rights as provided by law. Unavailability may also occur due to force majeure events.

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of PowerUp! or the Service without prior written permission.

Privacy policy

For details on personal data, see the privacy policy of PowerUp!.

Intellectual property rights

All IP rights related to PowerUp! are the exclusive property of the Owner or its licensors. All trademarks and marks appearing in connection with PowerUp! remain their respective owners’ property.

Changes to these Terms

The Owner may amend these Terms at any time and will inform Users appropriately. Changes affect the relationship from the communicated date onward. Continued use signifies acceptance. Users who do not agree must stop using the Service and may terminate the Agreement. Previous versions are available from the Owner. If legally required, the Owner will notify Users in advance of when changes take effect.

Assignment of contract

The Owner may transfer or subcontract rights or obligations, taking the User’s legitimate interests into account. Users may not assign or transfer their rights or obligations without written permission.

Contacts

All communications relating to the use of PowerUp! must be sent using the contact information in this document.

Severability

If any provision is deemed invalid or unenforceable, the remaining provisions remain in full force. For US Users, such provisions will be interpreted and reformed to render them valid and consistent with original intent. For EU Users, parties will seek an amicable valid substitute; otherwise applicable statutory provisions apply. Nullity of a particular provision shall not nullify the entire Agreement unless essential.

Governing law and venue

These Terms are governed by the law of the place where the Owner is based, without regard to conflict of laws principles. If the User’s country provides higher consumer protection standards, such standards prevail. Exclusive jurisdiction lies with the courts where the Owner is based, except for European Consumers and Consumers in the UK, Switzerland, Norway or Iceland.

Dispute resolution

Users may bring disputes to the Owner who will try to resolve them amicably. Users may email a brief description and, if applicable, order/account details to the Owner’s email. The Owner will process complaints without undue delay and within 2 days of receiving them.

Definitions and legal references

PowerUp! (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher which allows the User to purchase the Product at a discounted price.

Digital Product

Content produced and supplied in digital form and/or a service enabling creation, processing, storing or accessing data in digital form.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Example withdrawal form

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