Terms of Use

1. Agreement and provider

These Terms of Use (“Terms”) are a binding agreement between you and XALARA LLC (“XALARA,” “we,” “us” or “our”) governing the Widger iOS application, its widgets, website at www.widger.app, and related services (collectively, the “Service”).

If you download Widger from Apple’s App Store, Apple’s Standard Licensed Application End User License Agreement (“Apple Standard EULA”) also applies. These Terms supplement the Apple Standard EULA. If they conflict, the Apple Standard EULA controls to the extent required for your App Store license.

2. Eligibility and acceptance

You must be at least 13 years old, or the minimum age required in your country to consent to digital services. If you are below the age of legal majority, a parent or legal guardian must review and agree to these Terms for you. If you use Widger for an organization, you represent that you can bind that organization.

3. License to use Widger

Subject to these Terms, XALARA grants you a limited, personal, revocable, non-exclusive, non-transferable license to use Widger on Apple-branded products you own or control, as permitted by the App Store Usage Rules, including applicable Family Sharing or volume purchasing rules.

You may not copy, distribute, sell, sublicense, rent, reverse engineer, decompile, attempt to derive source code, bypass security or usage limits, or create derivative works from Widger, except where applicable law expressly permits it.

4. Accounts and device access

You are responsible for your device, account credentials and all activity under your account. Keep pairing codes and sign-in details confidential and notify us promptly if you believe your account or a shared connection has been compromised.

Some features require access to device capabilities such as Photos, Location or Notifications. You choose whether to grant permission through iOS and may change permissions at any time, although a related feature may then stop working.

5. Your content and shared widgets

You retain ownership of text, photos, drawings, dates, reminders and other content you submit (“User Content”). You grant XALARA a limited, worldwide, non-exclusive license to host, reproduce, transmit and display User Content only as needed to operate, secure, support and improve the Service.

When you use partner or shared widgets, the people you choose may see, save or act on the content you share. Share only content you have the right to use and that you are comfortable making visible to the intended recipient. Disconnecting a shared widget does not erase copies another person already saved outside Widger.

6. Acceptable use

You agree not to use the Service to:

• violate law or the rights of another person;
• upload content that is unlawful, abusive, threatening, deceptive, hateful, sexually exploitative or invasive of privacy;
• harass, stalk, impersonate or endanger another person;
• introduce malware, probe security, disrupt the Service or access it through unauthorized automated means;
• infringe copyright, trademark, publicity or other proprietary rights; or
• resell or commercially exploit the Service without permission.

We may remove content, restrict sharing or suspend access when reasonably necessary to protect users, comply with law or enforce these Terms.

7. App Store purchases and subscriptions

Paid features, if offered, are purchased through Apple and are subject to the pricing, payment, refund and subscription terms shown in the App Store and at purchase. Apple processes payment. You can manage or cancel a subscription in your Apple ID subscription settings. Unless the purchase screen states otherwise, an auto-renewing subscription renews until canceled at least 24 hours before the end of the current period.

Prices, trial availability and included features may vary by region and may change for future billing periods with notice required by Apple or law. Deleting Widger does not automatically cancel an App Store subscription.

8. Weather and third-party services

Widger may display information or connect to services provided by Apple or other third parties, including weather, maps, cloud storage, notifications and App Store services. Availability and accuracy may vary by location, device and provider. Weather, reminders and similar information are for general convenience and should not be relied on for emergencies, health, safety or other high-risk decisions. Your use of third-party services is also subject to their applicable terms.

9. Intellectual property

Widger, its software, design, branding, templates and all XALARA-provided content are owned by XALARA LLC or its licensors and are protected by intellectual-property laws. These Terms do not grant rights to our trademarks or branding. Feedback you voluntarily provide may be used without restriction or compensation, but you are not required to provide it.

10. Service changes and termination

We may update, add, remove or discontinue features to improve, secure or operate Widger. We will provide notice where required. You may stop using the Service at any time. We may suspend or terminate access if you materially or repeatedly breach these Terms, create risk for users or the Service, or if required by law.

Upon termination, your license ends. Provisions that by their nature should survive—including ownership, disclaimers, limitations and dispute provisions—will remain in effect.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIDGER IS PROVIDED “AS IS” AND “AS AVAILABLE.” XALARA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE AVAILABLE, SECURE OR ERROR-FREE.

Some jurisdictions do not allow certain disclaimers. Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XALARA LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF DATA, PROFITS, GOODWILL OR USE, ARISING FROM THE SERVICE.

To the maximum extent permitted by law, XALARA’s total liability arising from the Service will not exceed the greater of the amount you paid XALARA for Widger during the 12 months before the claim or US$100. These limits do not apply where prohibited by law, including liability that cannot be limited or excluded.

13. Apple App Store terms

For a copy of Widger obtained through the App Store, you and XALARA acknowledge that:

• these Terms are between you and XALARA, not Apple, and XALARA is solely responsible for Widger and its content;
• Apple has no obligation to provide maintenance or support for Widger;
• to the extent a warranty is not effectively disclaimed, you may notify Apple and Apple may refund the purchase price, if any; Apple has no other warranty obligation to the maximum extent permitted by law;
• XALARA, not Apple, is responsible for addressing product, regulatory, consumer-protection and privacy claims relating to Widger;
• XALARA, not Apple, is responsible for investigating and defending third-party intellectual-property infringement claims relating to Widger; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the App Store-related provisions against you.

You must comply with applicable third-party terms when using Widger and may not use or export the app in violation of United States export laws or other applicable restrictions.

14. Governing terms and disputes

These Terms are governed by the laws applicable to XALARA LLC, without regard to conflict-of-law rules, except that mandatory consumer protections and the laws of your habitual residence apply where required. Before filing a formal claim, please contact us so we can try to resolve the issue informally. Nothing here limits your right to bring a matter before a competent consumer or regulatory authority.

15. Changes and general terms

We may update these Terms to reflect changes to Widger, law or our operations. We will post the updated Terms, revise the date above and provide additional notice where required. If you continue using Widger after updated Terms become effective, you accept them.

If a provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; XALARA may assign them in connection with a merger, acquisition, reorganization or sale of assets.

16. Contact

XALARA LLC
Widger Legal
www.widger.app
[email protected]

Our handling of personal information is described in the Privacy Policy.