This End User License Agreement ("EULA") is a legal agreement between you and GathrlyMY governing your use of the Gathrly application for iOS (the "App"). By downloading, installing, or using the App, you agree to be bound by this EULA.
This EULA applies to the App as a "Licensed Application" and incorporates the acknowledgements required by Apple. Where this EULA and Apple's terms conflict, the acknowledgements in favour of Apple in Section 11 prevail.
1. Parties
The App is provided by GathrlyMY (a Malaysian business entity). In this EULA, "we", "us", and "Gathrly" refer to GathrlyMY, and "you" refers to the end user of the App.
By using the App, you confirm you are 18 years or older and have the legal right to enter into this agreement.
2. Licence Grant
We grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and the Usage Rules set out in the App Store Terms of Service.
This licence is for your personal or event-organising use only. You may not resell, redistribute, sublicense, rent, or lease the App.
You may not copy, modify, reverse engineer, decompile, or disassemble the App, or create derivative works from it, except to the extent this restriction is prohibited by applicable law.
We retain all rights not expressly granted to you. This licence does not transfer any ownership of the App to you.
3. Purchases & In-App Purchases
The App may offer paid features and event plans as consumable in-app purchases. Each purchase applies on a per-event basis and is consumed when redeemed for that event.
All purchases are made through Apple In-App Purchase and are processed by Apple in accordance with Apple's terms and pricing. We do not collect or store your payment details.
Refunds for in-app purchases are handled by Apple under the App Store refund policy, not by Gathrly. To request a refund, submit a request to Apple.
You can review Apple's terms and request a refund at https://support.apple.com/billing.
4. Acceptable Use
The App is only for legitimate events. You are prohibited from using the App for:
- Content violating Malaysian law
- Obscene, harassing, or harmful content
- Copyright or intellectual property infringement
- Fraudulent activity or impersonation
- Spam or unauthorised marketing
- Interfering with, disrupting, or gaining unauthorised access to the App or its systems
We reserve the right to suspend or terminate access for any user who violates acceptable use, without notice.
5. User-Generated Content
Important: We do NOT claim rights to photos you or your guests upload. We only store photos so you and your guests can access them.
Guests may upload photos to an event gallery. As a host, you are responsible for the content of your event, including obtaining any necessary consents from your guests and ensuring the content does not violate any third party's rights.
You retain ownership of content you upload, and guests retain ownership of content they upload. You grant us a limited licence to store and display that content solely to operate the App.
If we find content that is illegal or infringes another party's rights, we may remove it without notice.
6. Intellectual Property
The App, including its software, design, trademarks, logos, and all related intellectual property, is owned by GathrlyMY or its licensors and is protected by law.
Except for the licence expressly granted in this EULA, nothing gives you any right, title, or interest in the App or our intellectual property.
7. Disclaimer of Warranty
The App is provided "as is" and "as available" without warranty of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
We do not warrant that the App will be uninterrupted, error-free, or free from data loss. You are responsible for downloading your photos before the storage period for your event ends.
8. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from your use of the App.
Our maximum aggregate liability is limited to the amount you paid through in-app purchases in the 12 months before the claim arose.
We are not liable for photo loss after an event's storage period ends — you must download photos before that date.
9. Termination
This licence is effective until terminated. Your rights under this EULA end automatically if you fail to comply with any of its terms.
You may terminate this licence at any time by deleting the App and ceasing all use. Upon termination, you must stop using the App and delete all copies.
We may suspend or terminate your access if you violate this EULA. Serious violations may result in immediate termination.
10. Governing Law
This EULA is governed by the laws of Malaysia. Any disputes will be resolved in the courts of Malaysia.
This governing law provision does not limit Apple's rights as a third-party beneficiary set out below.
11. Apple-Required Acknowledgements
This EULA is concluded between you and GathrlyMY only, and not with Apple. Apple is not responsible for the App or its content.
The licence granted for the App is limited to a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Apple has no obligation whatsoever to provide any maintenance and support services for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever 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.
We, not Apple, are responsible for addressing any of your claims or any third-party claims relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of any such claim.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with any applicable third-party terms of agreement when using the App.
Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
12. Changes to this EULA
We may update this EULA from time to time. Changes will be communicated via the App or on our website. Continued use of the App after changes take effect constitutes acceptance of the updated EULA.