End User License Agreement

Last updated: November 2025

Effective date: November 2025

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User" or "you") and Iulian Gabriel Florea ("Licensor," "we," "us," or "our") for the use of the JollyTrack mobile application ("Application" or "App"). By downloading, installing, or using the Application, you agree to be bound by this Agreement.

1. Acknowledgment

By clicking "I Agree," downloading, installing, or using the Application, you acknowledge that:

  • You have read and understood this Agreement
  • You agree to be bound by its terms and conditions
  • You have the legal capacity to enter into this Agreement
  • If you are under 16, you have obtained parental or guardian consent

If you do not agree to these terms, do not download, install, or use the Application.

2. License Grant

Subject to your compliance with this Agreement, Iulian Gabriel Florea grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the Application on devices that you own or control
  • Use the Application for your personal, non-commercial purposes
  • Access and use features made available through valid subscriptions or purchases

This license is granted solely for use of the Application as permitted by the usage rules set forth in the Apple App Store Terms of Service and Google Play Terms of Service.

3. License Restrictions

You shall not:

  • Copy, modify, or distribute the Application or any part thereof
  • Reverse engineer, disassemble, decompile, or attempt to derive the source code
  • Rent, lease, lend, sell, redistribute, or sublicense the Application
  • Remove, alter, or obscure any proprietary notices on the Application
  • Use the Application for any commercial purpose without written consent
  • Use the Application in any way that violates applicable laws or regulations
  • Use automated systems, bots, or scripts to access or interact with the Application
  • Attempt to bypass or circumvent any security or access control measures
  • Create derivative works based on the Application
  • Use the Application to infringe on the rights of others

4. Ownership and Intellectual Property

The Application and all copies thereof are proprietary to Iulian Gabriel Florea and title thereto remains with Iulian Gabriel Florea. All rights in the Application not specifically granted in this Agreement are reserved to Iulian Gabriel Florea.

The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The following are owned by Iulian Gabriel Florea or its licensors:

  • All software, code, and technical specifications
  • All graphics, images, animations, and visual elements
  • All audio, video, and multimedia content
  • The JollyTrack name, logo, and branding
  • All user interface designs and layouts
  • All documentation and supporting materials

5. Third-Party Services

The Application may contain links to or integrate with third-party services, applications, or websites. These third-party services are not under our control, and we are not responsible for:

  • The content, accuracy, or availability of third-party services
  • Any transactions between you and third-party providers
  • The privacy practices of third-party services
  • Any damages or losses caused by third-party services

Your use of third-party services is governed by their respective terms and privacy policies.

6. App Store Terms

6.1 Apple App Store

If you obtained the Application from the Apple App Store, you acknowledge and agree that:

  • This Agreement is between you and Iulian Gabriel Florea only, not with Apple Inc.
  • Apple has no obligation to provide maintenance or support for the Application
  • Apple is not responsible for any claims relating to the Application
  • Apple is not responsible for addressing any claims of intellectual property infringement
  • Apple and its subsidiaries are third-party beneficiaries of this Agreement

6.2 Google Play Store

If you obtained the Application from Google Play, you acknowledge and agree that:

  • This Agreement is between you and Iulian Gabriel Florea only, not with Google LLC
  • Google has no obligation to provide maintenance or support for the Application
  • Google is not responsible for any claims relating to the Application

7. Updates and Modifications

We may from time to time develop and provide Application updates, which may include:

  • Bug fixes and security patches
  • New features and functionality
  • Performance improvements
  • Content updates

Depending on your device settings, updates may be downloaded and installed automatically or may require your action. We recommend keeping automatic updates enabled to ensure you have the latest security patches and features.

We reserve the right to modify, suspend, or discontinue the Application or any features at any time without prior notice.

8. Privacy

Your use of the Application is also governed by our Privacy Policy, which describes:

  • What information we collect
  • How we use and protect your information
  • Your rights regarding your personal data
  • Our data retention practices

Please review our Privacy Policy for complete details on our data practices. By using the Application, you consent to the data practices described in our Privacy Policy.

9. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR AVAILABILITY

WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Note: The Santa tracking feature is for entertainment purposes only. Santa's location data is simulated and does not represent actual tracking information.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IULIAN GABRIEL FLOREA BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or goodwill
  • Any damages arising from your use or inability to use the Application
  • Any damages arising from unauthorized access to your data
  • Any damages exceeding the amount paid by you for the Application in the 12 months prior to the claim

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Iulian Gabriel Florea and its officers, directors, employees, agents, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Application; (b) your violation of this Agreement; (c) your violation of any third-party right, including any intellectual property, privacy, or other proprietary right; or (d) any claim that your use of the Application caused damage to a third party.

12. 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.

We may also terminate or suspend this license at any time, for any reason, with or without notice.

Upon termination:

  • Your license to use the Application ends immediately
  • You must cease all use of the Application
  • You must delete all copies of the Application from your devices
  • Sections on ownership, disclaimers, limitations, and indemnification survive termination

13. Export Compliance

You represent and warrant that you are not located in a country subject to a government embargo or that has been designated by any government as a "terrorist supporting" country, and that you are not listed on any government list of prohibited or restricted parties. You agree to comply with all applicable export laws and regulations in your use of the Application.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles.

Any dispute arising from or relating to this Agreement shall be resolved in the courts of Malaga, Spain. For EU residents, you may also have the right to bring claims in the courts of your country of residence.

15. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from this Agreement. The remaining provisions shall continue in full force and effect.

16. Entire Agreement

This Agreement, together with the Privacy Policy and Terms of Service, constitutes the entire agreement between you and Iulian Gabriel Florea concerning the Application and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us regarding the Application.

17. Contact Information

If you have any questions about this End User License Agreement, please contact us:

Iulian Gabriel Florea

Mijas Costa, Malaga, 29649

Spain

Email: hola@jollytrack.app

By downloading, installing, or using JollyTrack, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.