Terms of Use

These Terms of Use ("Terms") govern your use of the Mark mobile application (the "App"), developed and published by Elva Lab (the "Developer", "we", "our", "us"), an autonomous professional (autónomo) based in Spain. Please read them carefully. By downloading, installing, or using Mark, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Interpretation and Definitions

Capitalized terms have the meanings defined below:

• App — the Mark application for iOS and Apple Watch.
• Moment (or "Point") — a timestamped entry you create in the App, optionally with a location, note, audio, photo, and tags.
• Mark Plus — the optional auto-renewable subscription that unlocks additional features.
• Your Content — the Moments and all data you create in the App.
• App Store — Apple's digital distribution platform, through which the App and any subscriptions are provided.

2. Acknowledgment

These Terms form a binding agreement between you and the Developer and govern your use of the App. Your access to the App is also conditioned on your acceptance of our Privacy Policy. By using the App you represent that you are over the age of 18, or that you are using it under the supervision and consent of a parent or guardian.

3. The App and Your License

Mark is a personal moment-capture application. It lets you save timestamped, geolocated entries, optionally enriched with text notes, audio recordings, photos, and tags. The content of your Moments is stored locally on your device.

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices that you own or control, solely for your personal, non-commercial purposes. You may not:

• Copy, modify, or create derivative works of the App;
• Reverse engineer, decompile, or disassemble the App, except to the extent this restriction is prohibited by law;
• Rent, lease, lend, sell, or sublicense the App to any third party;
• Use the App for any unlawful purpose or in violation of any applicable law.

4. Mark Plus Subscription

4.1 Plans

Mark offers an optional auto-renewable subscription, Mark Plus, which unlocks additional features such as audio notes, camera-captured photos, the interactive map, custom tags, app styling options, and Face ID lock. Two plans are available:

• Monthly — $0.99 per month.
• Annual — $5.99 per year (approximately $0.50/month).

Prices may vary by region and are shown in the App at the time of purchase.

4.2 Free Trial

Both plans may include a free trial for new subscribers. The trial begins when you confirm the subscription. You will not be charged during the trial period; if you do not cancel before it ends, the subscription automatically converts to a paid subscription at the applicable price.

4.3 Billing and Renewal

Subscriptions are billed through your Apple ID via the App Store and renew automatically at the end of each billing period unless you cancel at least 24 hours before the renewal date. Apple charges your account within 24 hours before renewal.

4.4 Cancellation

You may cancel at any time through your Apple ID settings (Settings → [your name] → Subscriptions on your iPhone). Cancellation takes effect at the end of the current billing period; you keep Mark Plus features until then. We do not provide refunds for partially-used periods, except where required by law.

4.5 Price Changes

We may change subscription prices. You will be notified in advance and may cancel if you do not agree; Apple will also request your consent to a price increase where required.

4.6 Restoration

If you reinstall the App or switch devices, you can restore your subscription at no additional cost using the "Restore Purchase" option in the App.

5. In-App Purchases

All purchases of Mark Plus are handled by Apple through the App Store and are subject to Apple's terms. We do not process or store your payment information. If a purchase fails, is interrupted, or you are charged incorrectly, resolution is handled through Apple's standard support and refund process.

6. Your Content

All Moments, notes, audio recordings, and photos you create ("Your Content") belong to you. We claim no ownership of Your Content. Because Your Content is stored on your device and never sent to a server we operate, we have no access to it and grant no license over it. You are solely responsible for Your Content and for ensuring it does not violate any applicable law or the rights of others. You are responsible for maintaining your own backups (for example, by enabling iCloud Backup on your device).

7. Intellectual Property

The App — including its design, code, graphics, animations, and branding, and specifically the name "Mark" and the glowing orb visual identity — is owned by us and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without our prior written consent.

8. Third-Party Services

The App relies only on Apple's own platform services:

• Apple platform services — CoreLocation (GPS), AVFoundation (audio and camera), SwiftData (local storage), WidgetKit (home-screen widget), WatchConnectivity (Apple Watch), StoreKit 2 (subscriptions), and MapKit (map display). These are provided by Apple Inc. under Apple's terms and privacy policy.

We do not integrate any third-party analytics, advertising, or tracking SDKs. Your content stays on your device — see our Privacy Policy for details.

9. "AS IS" and "AS AVAILABLE" Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that any data saved in the App will be preserved indefinitely or protected from device failure. You use the App at your own discretion and risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA (INCLUDING LOSS OF YOUR MOMENTS), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APP. Our total liability for any claim shall not exceed the amount you paid for Mark Plus in the 12 months preceding the claim (or, if you paid nothing, the equivalent of USD $100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Developer from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the App or your violation of these Terms.

12. Apple-Specific Terms

The App is distributed through Apple's App Store. To the extent these Terms conflict with Apple's App Store Terms of Service, the App Store Terms govern. You acknowledge that:

• These Terms are between you and the Developer only, not with Apple;
• Apple has no obligation to provide maintenance or support for the App;
• Apple is not responsible for any claims relating to the App (including product liability, legal compliance, or consumer-protection claims);
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

13. Termination

You may stop using the App at any time by deleting it from your device. We may suspend or terminate your access to the App if you breach these Terms or if we reasonably believe your use harms others or the service. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

14. Governing Law

These Terms are governed by the laws of Spain, without regard to conflict-of-law rules. Any dispute arising from these Terms shall be subject to the courts of Spain, without prejudice to any mandatory consumer-protection rights you have under the law of your country of residence.

15. For European Union (EU) Users

If you are a consumer in the EU, you benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these Terms affects those rights. If you are an EU consumer, you may also use the European Commission's Online Dispute Resolution platform.

16. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice through the App or App Store update notes and update the "Last updated" date above. Continued use of the App after changes are posted constitutes acceptance of the revised Terms.

17. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, it will be modified to achieve its intent as closely as possible, and the remaining provisions will continue in full force. Our failure to enforce any right or provision is not a waiver of that or any future right.

18. Contact Us

If you have any questions about these Terms, contact us:

[email protected]
https://elva-lab.com