PRIVACY POLICY

THIS PRIVACY POLICY (hereinafter, the “Policy”) is hereby promulgated and made effective as of the date of its publication by and among the undersigned developer (hereinafter, the “Developer”), the end-user licensee (hereinafter, the “User”), and any and all affiliated entities, successors, assigns, and third-party beneficiaries (collectively, the “Parties”).

WHEREAS, the Developer has developed, authored, and distributed certain software applications (hereinafter, the “Applications”), and the User has elected to download, install, or otherwise utilize said Applications; and

WHEREAS, the Parties mutually acknowledge that the protection of the User’s personal and non-personal information (hereinafter, the “Data”) is of paramount importance, and the Developer hereby undertakes the obligations set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

  1. Covenant of Non-Interference with Privacy. The Developer hereby represents, warrants, and covenants that it shall not, under any circumstances whatsoever, design, develop, deploy, or otherwise cause the Applications to engage in any act, omission, or practice that would reasonably constitute an invasion, diminution, or disturbance of the User’s privacy, including but not limited to the unauthorized collection, transmission, or processing of the Data.
  2. Absence of Data Collection. The Developer expressly affirms that the Applications do not, and shall not, collect, harvest, aggregate, or otherwise acquire any Data from the User, whether such Data is personally identifiable, pseudonymous, or anonymized, and whether such collection occurs through passive means, active user input, or any background process, notwithstanding any technological capability to the contrary.
  3. Non-Reading of Personal Information. The Developer further covenants that the Applications shall not read, access, parse, or otherwise interrogate any personal information stored on the User’s device, including but not limited to contact lists, messages, call logs, location history, browsing activity, or any other file or metadata contained therein, and the Developer disclaims any and all rights to such information, whether express or implied.
  4. Scope and Limitations. The foregoing covenants are absolute and unconditional, and shall survive any termination, expiration, or modification of this Policy. The Developer reserves no right to alter, waive, or amend the terms of this Policy, except upon the express written consent of the User, which consent shall be given in the sole and absolute discretion of the User.
  5. Remedies and Enforcement. Any breach of the foregoing covenants shall constitute a material breach of this Policy, giving rise to claims for, including but not limited to, breach of contract, invasion of privacy, and any other statutory or common-law cause of action available under applicable jurisdiction. The User shall be entitled to injunctive relief, compensatory damages.