End User License Agreement

1. License Grant

Subject to this EULA, Shifty grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use one copy of the App on an Apple or Android device that you own or control, solely for your personal, non-commercial use, and in accordance with the usage rules of the app store from which you obtained the App, including the Apple Media Services Terms and Conditions (the "Usage Rules").

2. Restrictions

You agree not to, and not to permit anyone else to:

• Copy, modify, adapt, translate, or create derivative works of the App, except as allowed by law.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or methodology of the App, except to the extent this restriction is prohibited by law.
• Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or your license.
• Remove, alter, or obscure any proprietary notices in the App.
• Use the App in any unlawful way or in violation of the Usage Rules or our Terms of Use.

3. Ownership

The App is licensed, not sold. Shifty and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights. You receive only the limited license expressly granted here, and all rights not granted are reserved.

4. Subscriptions and In-App Purchases

The App may offer subscriptions and in-app purchases. These are governed by our Terms of Use and by the terms of the app store that processes the transaction. Billing, renewals, and refunds are handled by the app store.

5. Updates

Shifty may provide updates, upgrades, or new versions of the App. This EULA governs any update unless it comes with separate terms. Some updates may be required for the App to keep working.

6. Apple App Store Provisions

The following terms apply when you obtain the App through the Apple App Store. You acknowledge and agree that:

• This EULA is between you and Shifty only, and not with Apple. Apple is not responsible for the App or its content.
• Your license to use the App is limited to a non-transferable license to use the App on an Apple-branded product that you own or control, as permitted by the Usage Rules, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide maintenance or support for the App. Any maintenance and support is provided by Shifty.
• Shifty, not Apple, is responsible for any product warranties, whether express or implied. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Shifty, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar laws.
• If a third party claims the App infringes its intellectual property rights, Shifty, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by this EULA.
• You represent 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 on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms when using the App.
• Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

7. Termination

This EULA applies until terminated. Your rights end automatically if you fail to comply with it. On termination, you must stop using the App and delete all copies. Sections that by their nature should survive will survive, including Ownership, Restrictions, Disclaimers, and Limitation of Liability.

8. Disclaimers and Limitation of Liability

The App is provided on an "as is" and "as available" basis, without warranties of any kind, to the fullest extent permitted by law. The disclaimers, limitation of liability, and indemnification in our Terms of Use apply to the App and are incorporated here by reference.

9. Governing Law

This EULA is governed by the laws of the State of Florida, without regard to its conflict of laws rules, consistent with the dispute resolution and governing law provisions of our Terms of Use. These choices do not limit any consumer protection rights you may have under the laws of the place where you live.

10. Contact

Questions about this EULA? Email hello@driveshifty.com, or write to Shifty Technologies LLC, Florida, United States.