These Terms of Use ("Terms") govern your use of Scope (the "App"), a mobile application published by Christopher Pallant, trading as MoonFruit ("we", "us", "our"). By downloading, installing or using the App, you agree to these Terms. If you do not agree, please do not use the App.
01Agreement
These Terms are an agreement between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. These Terms sit alongside the Apple Media Services Terms and Conditions, and if there is a conflict about your use of the App through the App Store, Apple's Usage Rules take priority.
Our Privacy Policy explains how information is handled and forms part of these Terms.
02The App
Scope is a quote generator for iPhone. It lets you create professional quotes and export them as PDFs. The App works without an account: your quotes, business details and client information are stored only on your device.
03Licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including through Family Sharing where it applies. Where these Terms do not cover something, the Apple Standard End User Licence Agreement (EULA) applies.
You may not copy, modify, distribute, sell, rent, lease or sublicense the App, or reverse-engineer, decompile or attempt to extract its source code, except where the law permits it. All rights in the App not expressly granted to you are reserved by us.
04Advertising
The App is free to download and shows ads, provided by a third-party advertising provider. Advertising revenue pays for the running of the App and funds ongoing updates and improvements. By using the free version, you agree that ads may be shown.
We do not control, endorse or take responsibility for the content of third-party ads, or for the products, services or websites they link to. Your dealings with advertisers are solely between you and them. How information is used for advertising is explained in our Privacy Policy.
05Remove Ads purchase
The App offers an optional Remove Ads in-app purchase.
- It is a one-off, lifetime purchase. It is not a subscription, it does not renew and you will not be charged again.
- It removes ads from the App. It does not change the App's other features.
- The price is shown in the App and on the App Store before you buy, and may vary by country or region.
- Payment is charged to your Apple Account when you confirm the purchase. Apple processes all payments, and we never receive your payment details.
- The purchase is linked to your Apple Account. If you reinstall the App or move to a new device signed in to the same Apple Account, use Restore Purchases in the App to turn it back on.
- Where Family Sharing is available for the purchase, members of your Family Sharing group may also be able to use it.
- "Lifetime" means the purchase stays active for as long as the App is available and you use the same Apple Account. It does not guarantee that the App will be available or supported indefinitely.
- Refunds are handled by Apple in line with its policies. To request one, visit reportaproblem.apple.com. We cannot process payments or refunds directly.
Nothing in this section affects your statutory rights as a consumer.
06Your data & backups
You own the quotes, business details and other content you create in the App ("Your Content"). Your Content is stored only on your device. We do not have access to it and we cannot see, recover or restore it.
You are responsible for backing up Your Content and for restoring it if you change or lose your device, reinstall the App or want to keep a copy. If you delete the App or lose your device without a backup, Your Content may be lost permanently. To the extent permitted by law, we are not responsible for any loss of Your Content.
07Your quotes & business use
Scope is a tool to help you prepare quotes. You are solely responsible for:
- the accuracy and completeness of every quote you create, including prices, quantities, discounts, taxes such as VAT, and totals;
- checking each quote before you send it;
- complying with any laws that apply to your business, your pricing and your dealings with your clients; and
- handling your clients' personal information lawfully.
The App does not provide legal, tax, accounting or financial advice. Any agreement that results from a quote is between you and your client, and we are not a party to it.
08Acceptable use
You agree not to:
- use the App for any unlawful, fraudulent or misleading purpose, or in breach of these Terms;
- create or send content that infringes anyone else's rights;
- interfere with, disrupt or attempt to bypass the App's ads, purchases or security features; or
- use the App in any way that could damage, disable or impair it.
09Updates & availability
We may release updates to fix problems, improve the App or add or remove features. Some updates may be required to keep using the App. We aim to keep the App working, but we do not guarantee that it will always be available, uninterrupted or error-free, and we may withdraw the App at any time.
10Disclaimer
To the fullest extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the App will meet your requirements or that any quote, calculation or PDF it produces will be free of errors.
11Limitation of liability
To the fullest extent permitted by law, we are not liable for any loss of data or content, loss of profits, revenue, business or goodwill, or any indirect or consequential loss arising from your use of, or inability to use, the App, including any error in a quote. Our total liability to you for any claim relating to the App is limited to the amount you paid for the Remove Ads purchase, if any.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be limited or excluded under applicable law. If you are a consumer, these Terms do not affect your statutory rights.
12Apple App Store terms
Because the App is distributed through Apple's App Store, the following terms also apply:
Maintenance and support
We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide any maintenance or support services for the App.
Warranty
We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails 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 law, Apple has no other warranty obligation 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, to the extent they cannot be disclaimed.
Product claims
We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
Intellectual property
If a third party claims that the App, or your possession and use of it, infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
Legal compliance
You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
Third-party terms
You must comply with any applicable third-party terms when using the App, such as your mobile network or internet provider's terms.
Third-party beneficiary
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
13Ending these Terms
These Terms apply until ended by you or us. You can end them at any time by deleting the App from your devices. Your rights under these Terms end automatically if you fail to comply with them. When they end, you must stop using the App. The sections on Your data, Disclaimer, Limitation of liability and Governing law continue to apply.
14Changes to these Terms
We may update these Terms from time to time. The "Last updated" date above shows when they were last revised. Continued use of the App after changes take effect means you accept the updated Terms.
15Governing law
These Terms are governed by the laws of England and Wales, and the courts of England and Wales will have jurisdiction, without affecting any mandatory consumer-protection rights you may have in your country of residence.
16Contact
Questions, complaints or claims about the App should be sent to Christopher Pallant, trading as MoonFruit, United Kingdom, at moonfruitdev@outlook.com.