Terms of Use & End User License Agreement

These Terms of Use, including the End User License Agreement (together, the “Terms”), form a binding agreement between you and HYPERIONMAX (operating as “HYPERIONMAX,” “we,” “us,” or “our”) governing your use of the Alofy mobile application for iOS (the “App”). Please read them carefully. By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Acceptance & eligibility

You must be at least 16 years old, and in any event of the age of majority in your jurisdiction, to use the App and enter into these Terms. If you use the App on behalf of an organization, you represent that you have authority to bind it. By using the App you represent that you meet these requirements and that the information you provide is accurate.

2. License grant & scope

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on any Apple-branded device that you own or control, as permitted by the Apple App Store Usage Rules set out in the Apple Media Services Terms and Conditions. The license covers personal, non-commercial use of the App.

You may not, except as expressly permitted by these Terms or applicable law:

• copy, modify, or create derivative works of the App;
• distribute, sell, lease, lend, or sublicense the App to any third party;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code;
• remove or alter any proprietary notices; or
• use the App in any way not permitted by these Terms or the App Store Usage Rules.

The App is licensed, not sold, to you. We reserve all rights not expressly granted.

3. Accounts & authentication

To use certain features, you must create an account using an email address or Sign in with Apple. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms. Our handling of your personal data is described in our Privacy Policy.

4. Free tier, subscriptions & billing

Alofy is free to download and includes a limited free tier. Without an active subscription you may save up to three plants, and use the metered Identify and Health tools a combined five times. We may change these limits for prospective use on reasonable notice within the App.

Alofy Pro is offered as an auto-renewable subscription purchased through Apple In-App Purchase, and removes those limits. Current pricing and billing periods are shown in the App before you confirm a purchase, and may vary by region and over time.

• Billing. Payment is charged to your Apple ID account upon confirmation of purchase.
• Auto-renewal. Your subscription automatically renews for successive periods at the then-current price unless you cancel it at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours prior to the end of the current period.
• Managing & cancelling. You can manage or cancel your subscription, and turn off auto-renewal, at any time in your device's Settings → Apple ID → Subscriptions (or via the App Store). Cancellation takes effect at the end of the current billing period.
• Free trials. If a free or introductory offer is provided, any unused portion is forfeited when you purchase a subscription, where applicable.
• Price changes. If we change subscription pricing, the new price will not apply until your next renewal, and we (or Apple) will notify you in advance and, where required, request your consent before the change takes effect. If you do not agree, you may cancel before renewal.
• Refunds. Apple is the merchant of record for App Store purchases. Refund requests are handled by Apple under its own refund policies, and we are not able to process refunds for App Store purchases ourselves. Nothing in this section affects any statutory right you may have as a consumer — including, in the EEA and the UK, the right to withdraw from a purchase of digital content within 14 days where that right has not been validly waived. To raise a statutory right with us, use the contact details in Section 16.

5. Your content (plant photos)

You retain ownership of the photos and other content you submit to the App (“Your Content”). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and process Your Content solely to operate and provide the App's features — including transmitting your photos to our third-party AI/LLM provider for analysis and returning results to you, as described in our Privacy Policy. This license ends when Your Content is deleted, except to the extent it has been shared with the sub-processor for processing already performed or where retention is required by law.

You represent and warrant that:

• you own or have the necessary rights to submit Your Content; and
• Your Content does not infringe third-party rights, is not unlawful, and does not contain people, sensitive personal data, or other content you are not permitted to upload.

6. Acceptable use

You agree not to, and not to permit others to:

• use the App for any unlawful, harmful, or fraudulent purpose;
• upload content that is illegal, infringing, defamatory, or that violates others' privacy;
• attempt to gain unauthorized access to the App, our systems, or other users' accounts;
• interfere with or disrupt the App, including by introducing malware or excessive automated requests;
• scrape, harvest, or reverse-engineer the App or its underlying AI services; or
• use the App to develop a competing product or to train a competing machine-learning model.

7. AI output disclaimer

Do not rely on the App to determine whether a plant is safe to touch, eat, or keep around children or animals. If a plant may be toxic, or in case of ingestion or an adverse reaction, consult a qualified professional or poison-control / emergency services immediately. You are solely responsible for decisions you make based on the App's output, and you assume all risk arising from such reliance to the maximum extent permitted by law.

8. Intellectual property

The App, including its software, design, text, graphics, trademarks, and all related intellectual-property rights, is owned by us or our licensors and is protected by applicable laws. Except for the limited license granted in these Terms, no rights are transferred to you. “Alofy” and our logos are our trademarks and may not be used without prior written permission.

9. Apple-specific terms

The following terms apply because the App is distributed via Apple's App Store. You and we acknowledge and agree that:

• Parties. These Terms are between you and us only, not with Apple, and Apple is not responsible for the App or its content.
• Scope of license. The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the App Store Usage Rules, except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing where enabled.
• Maintenance and support. We, not Apple, are solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish any maintenance and support services.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) you paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.
• Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it, including product-liability claims, any claim that the App fails to conform to applicable legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar legislation.
• Intellectual-property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual-property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting,” and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints, or claims regarding the App should be directed to HYPERIONMAX at hello@contacts.hyperionmax.business, Kausar street 29, Almaty, Republic of Kazakhstan.
• Third-party beneficiary. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

10. Disclaimer of warranties

To the maximum extent permitted by applicable law, the App and all content and results are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that its AI-generated output will be accurate or reliable.

Some jurisdictions do not allow the exclusion of implied warranties or of certain statutory guarantees, so parts of the above may not apply to you. Nothing in these Terms excludes or limits any warranty, guarantee, or right that cannot lawfully be excluded or limited, including mandatory consumer rights in your country of residence.

11. Limitation of liability

To the maximum extent permitted by applicable law, in no event will HYPERIONMAX, its affiliates, or their officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, plants, or property, arising out of or relating to your use of, or inability to use, the App or its AI-generated output, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to the App will not exceed the greater of the amounts you paid us (or via Apple) for the App in the twelve months preceding the event giving rise to the claim, or USD 50. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, and nothing in these Terms limits liability that cannot be limited by law.

12. Indemnification

You agree to indemnify and hold harmless HYPERIONMAX and its affiliates from and against any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of your misuse of the App, your violation of these Terms or applicable law, or your infringement of any third-party right, including through Your Content.

13. Termination

These Terms remain in effect until terminated. We may suspend or terminate your access to the App at any time if you breach these Terms or to comply with law. You may stop using the App and delete your account at any time. Upon termination, the license granted to you ends and you must cease using the App. Sections that by their nature should survive termination — including content licenses already exercised, IP, disclaimers, limitations of liability, indemnification, and governing law — survive.

14. Governing law & disputes

These Terms are governed by the laws of the Republic of Kazakhstan, without regard to conflict-of-laws principles. Subject to any mandatory consumer-protection rights you have in your country of residence, you agree that the courts located in Almaty, Republic of Kazakhstan, will have jurisdiction over any dispute arising out of or relating to these Terms or the App. The parties will attempt in good faith to resolve any dispute informally before commencing proceedings.

15. General terms

• Amendments. We may update these Terms from time to time. We will revise the “Last updated” date and, for material changes, provide reasonable notice within the App. Your continued use after changes take effect constitutes acceptance.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• Entire agreement. These Terms, together with our Privacy Policy and the applicable Apple terms, constitute the entire agreement between you and us regarding the App and supersede prior agreements on that subject.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact

• Entity: HYPERIONMAX
• Address: Kausar street 29, Almaty, Republic of Kazakhstan
• Email: hello@contacts.hyperionmax.business