Terms and Conditions

Last Updated: May 25, 2025

Effective Date: May 25, 2025

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legally binding agreement between Test Apps Limited, a company incorporated in New Zealand ("we," "us," "our," or "Company"), and you ("user," "you," or "your") regarding your use of our mobile applications and related services.

These Terms apply to all our mobile applications including but not limited to:

2. Eligibility and User Requirements

2.1 Age Requirements

You must be at least 17 years of age to use our applications. If you are under 18, you represent that you have obtained permission from your parent or legal guardian to use our services. We do not knowingly collect personal information from children under 13 years of age.

2.2 Capacity to Contract

You represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are not prohibited by any law or legal order from using our services
• Your use of our applications will not violate any applicable laws or regulations
• All information you provide is accurate and truthful

3. License and Permitted Use

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our applications on your compatible mobile device solely for your personal, non-commercial use.

3.2 Restrictions

You agree not to:

• Copy, modify, distribute, sell, or lease any part of our applications
• Reverse engineer, decompile, or attempt to extract source code
• Remove or alter any proprietary notices or labels
• Use our applications for any unlawful or prohibited purpose
• Circumvent or disable any security features or access controls
• Use automated systems to access our services
• Interfere with or disrupt our services or servers

4. Health and Medical Disclaimers

4.1 Not Medical Advice

The content, assessments, and results provided by our applications:

• Do not constitute medical, psychological, or professional advice
• Should not be used as a substitute for professional medical consultation
• Are not diagnostic tools and cannot replace clinical evaluation
• May not be accurate or applicable to your specific situation

4.2 Professional Consultation Required

You should always consult with qualified healthcare professionals for:

• Any health concerns or symptoms
• Medical diagnosis or treatment decisions
• Mental health evaluations or therapy
• Medication decisions or changes

4.3 Emergency Situations

If you are experiencing a medical or mental health emergency, do not rely on our applications. Contact emergency services immediately or visit your nearest emergency department.

5. Apple App Store Compliance

5.1 App Store Terms

Your use of our applications is also subject to the terms and conditions of the Apple App Store. In the event of any conflict between these Terms and the App Store terms, the App Store terms shall prevail regarding your relationship with Apple.

5.2 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your use of our applications. Apple has the right to enforce these Terms against you.

5.3 Apple Disclaimers

Apple is not responsible for our applications, their content, or any claims related to them. Any complaints or issues should be directed to us at hello@testapps.com.

6. Subscriptions and In-App Purchases

6.1 Premium Features

Some of our applications offer premium features through subscriptions or one-time purchases. All transactions are processed through the Apple App Store and are subject to Apple's payment terms.

6.2 Subscription Terms

• Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends
• You can manage or cancel subscriptions through your Apple App Store account settings
• Refunds are handled according to Apple's refund policy
• We do not have access to your payment information

6.3 Free Trials

Free trial periods, if offered, will automatically convert to paid subscriptions unless cancelled. You are responsible for cancelling before the trial period ends to avoid charges.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our applications, you consent to our privacy practices as described in the Privacy Policy.

8. Intellectual Property Rights

8.1 Our Rights

We retain all rights, title, and interest in and to our applications, including all intellectual property rights. This includes but is not limited to:

• Software code, algorithms, and functionality
• Visual designs, graphics, and user interfaces
• Content, text, and assessment questions
• Trademarks, logos, and brand elements

8.2 User Content

Any content you provide through our applications remains your property. However, by providing content, you grant us a limited license to use it solely for providing our services to you.

9. Disclaimers and Limitations

9.1 Service Availability

We strive to maintain service availability but do not guarantee uninterrupted access. Our applications may be temporarily unavailable due to maintenance, updates, or technical issues.

9.2 Accuracy Disclaimer

While we strive for accuracy, we make no warranties regarding:

• The accuracy, completeness, or reliability of our content
• The validity or scientific accuracy of test results
• The suitability of our applications for any particular purpose

9.3 AS-IS Basis

Our applications are 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, or non-infringement.

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
• Our total liability to you shall not exceed the amount you have paid us in the past 12 months
• We are not liable for any damages resulting from your reliance on information provided by our applications
• We are not responsible for any health consequences resulting from use of our applications

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of our applications
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you provide through our applications

12. Termination

12.1 Termination by You

You may terminate your use of our applications at any time by deleting them from your device and discontinuing use.

12.2 Termination by Us

We may terminate or suspend your access to our applications at any time, with or without cause, including if you violate these Terms.

12.3 Effect of Termination

Upon termination, your right to use our applications ceases immediately. Provisions that by their nature should survive termination will continue to apply.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of our applications shall be subject to the exclusive jurisdiction of the courts of New Zealand, specifically the Wellington District Court or High Court of New Zealand at Wellington.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by:

• Updating the "Last Updated" date at the top of this document
• Providing notice through our applications or website
• Sending notification to your registered email address (if applicable)

Your continued use of our applications after changes become effective constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our applications and supersede all prior agreements and understandings.

17. Contact Information

By using our applications, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.