Terms of Use

These Terms of Use govern your use of the Mark mobile application (the "App") developed and published by Elva Lab (the "Developer", "we", "our", "us"). By downloading, installing, or using Mark, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the App.

1. The App

Mark is a personal moment-capture application for iOS and Apple Watch. It allows you to save timestamped, geolocated entries ("moments" or "points") optionally enriched with text notes, audio recordings, photos, and tags. All data is stored locally on your device.

2. License

Subject to your compliance with these Terms, we grant you a personal, 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
• 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

3. Mark Plus Subscription

3.1 Subscription Plans

Mark offers an optional auto-renewable subscription called Mark Plus that unlocks additional features including 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)

3.2 Free Trial

Both plans include a 3-day free trial for new subscribers. The trial begins when you confirm the subscription in the App. You will not be charged during the trial period. If you do not cancel before the trial ends, the subscription automatically converts to a paid subscription at the applicable price.

3.3 Billing and Renewal

Subscriptions are billed through your Apple ID account via the App Store. Your subscription renews 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.

3.4 Cancellation

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

3.5 Price Changes

We reserve the right to change subscription prices. You will be notified of any price change before it takes effect and will have the opportunity to cancel if you disagree.

3.6 Restoration

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

4. Your Content

All moments, notes, audio recordings, and photos you create in the App ("Your Content") belong to you. We claim no ownership of Your Content. Because Your Content never leaves your device, we have no access to it and grant no license over it.

You are solely responsible for Your Content and for ensuring that it does not violate any applicable laws.

5. Intellectual Property

The App, its design, code, graphics, animations, and branding — including the name "Mark" and the orb visual identity — are 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.

6. Disclaimer of Warranties

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. We do not warrant that any data saved in the App will be preserved indefinitely or protected from device failure.

You are responsible for maintaining backups of data stored in the App (for example, by enabling iCloud Backup on your device).

7. 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, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APP.

Our total liability to you for any claims arising from these Terms or your use of the App shall not exceed the amount you paid for Mark Plus in the 12 months preceding the claim.

8. Indemnification

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

9. Third-Party Services

The App uses the following Apple platform services: CoreLocation (GPS), AVFoundation (audio and camera), SwiftData (local storage), WidgetKit (home screen widget), WatchConnectivity (Apple Watch sync), StoreKit 2 (subscriptions), and MapKit (map display).

These services are provided by Apple Inc. and are subject to Apple's terms and privacy policy. We do not integrate any other third-party SDKs, analytics services, or advertising networks.

10. Apple-Specific Terms

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

• Apple is not a party to these Terms
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for any claims relating to the App
• Apple is a third-party beneficiary of these Terms and may enforce them against you

11. Changes to These Terms

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

12. Governing Law

These Terms are governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved in the courts of Spain, without prejudice to your mandatory rights as a consumer under the law of your country of residence.

13. Contact

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

hello@elva-lab.com
https://elva-lab.com