Terms of Service
1. Acceptance of Terms
Welcome to EarlyMark ("the App"), a product of Tower Energy ("we", "us", "our"), located at tower-energy.store. By downloading, accessing, or using the EarlyMark app for iPhone, you ("you", "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, please do not use the App.
2. Eligibility
- You must be at least 13 years of age to use the App (complying with Apple's App Store guidelines and COPPA).
- If you are under 18, you may use the App only with the consent and supervision of a parent or legal guardian.
- You represent and warrant that you have the legal capacity to enter into these Terms.
3. App License
We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your iPhone device, solely for your personal, non-commercial use, in accordance with these Terms and Apple's App Store Terms of Service.
You may not:
- Copy, modify, distribute, sell, or lease any part of the App or included software
- Reverse engineer, decompile, or attempt to extract the source code of the App
- Use the App for any illegal or unauthorized purpose
- Remove, alter, or obscure any proprietary notices in the App
4. In-App Purchases & Subscriptions (Apple Compliant)
4.1 Subscription Terms
EarlyMark offers auto-renewable subscription plans ("EarlyMark Pro") to unlock premium features:
- Monthly Subscription: $4.99/month (price may vary by region)
- Yearly Subscription: $39.99/year (price may vary by region)
- All prices are subject to change, and will be confirmed at the time of purchase.
4.2 Auto-Renewal Terms
- Payment will be charged to your Apple ID account at the confirmation of purchase.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Your account will be charged for renewal within 24-hours prior to the end of the current period, at the same subscription price.
- You can manage and cancel your subscriptions by going to your App Store Account Settings after purchase.
- No cancellation of the current subscription is allowed during the active subscription period.
4.3 Apple App Store Terms
All in-app purchases are subject to Apple's App Store Terms of Service. We are not responsible for any billing, payment, or refund issues related to Apple's payment system. All refund requests must be directed to Apple Support.
5. User Conduct
You agree to use the App only for lawful purposes and in accordance with these Terms. You are prohibited from:
- Violating any applicable local, state, federal, or international laws
- Harassing, abusing, or harming other users
- Uploading or transmitting viruses, malware, or other harmful code
- Interfering with the App's servers or networks
- Using the App for any commercial purposes without our prior written consent
6. Privacy Policy
Your use of the App is governed by our Privacy Policy, available at https://tower-energy.store/privacy.html. By using the App, you consent to the collection and use of your information as outlined in the Privacy Policy, in compliance with Apple's App Store privacy requirements.
7. Intellectual Property
- The App, including all software, design, text, graphics, and trademarks, is the exclusive property of Tower Energy and is protected by copyright, trademark, and other intellectual property laws.
- You acknowledge that you do not acquire any ownership rights in the App or its content.
- All rights not expressly granted to you are reserved by Tower Energy.
8. Disclaimer of Warranties (Apple Compliant)
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, AND NON-INFRINGEMENT.
We do not warrant that the App will be error-free, uninterrupted, or secure, or that your data will be safe. We do not warrant that the App will meet your requirements or that any errors will be corrected.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TOWER ENERGY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE APP.
OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE APP IN THE 12 MONTHS PRIOR TO THE CLAIM.
10. Termination
- We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
- Upon termination, your right to use the App ceases immediately.
- All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, warranty disclaimers, and liability limitations.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the App after the changes take effect constitutes your acceptance of the new Terms.
12. Governing Law & Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
- Any dispute arising from these Terms shall be resolved in the federal or state courts located in California, United States.
- You consent to the personal jurisdiction of these courts.
13. Apple App Store Acknowledgment
- You acknowledge and agree that these Terms are between you and Tower Energy, not with Apple Inc.
- Apple is not responsible for the App, its content, or any support or maintenance of the App.
- Apple is not liable for any claims, losses, or damages related to your use of the App.
- Your use of the App is subject to Apple's App Store Terms of Service, available at https://www.apple.com/legal/internet-services/itunes/us/terms.html.
14. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: support@tower-energy.store
- Website: https://tower-energy.store/support.html