EGOHEAD WORKSINDEPENDENT APPS

End User License Agreement.

This agreement is between you and Karsten Schwarzkopf concerning use of ZEST.

1. AGREEMENT AND ACKNOWLEDGEMENT

1.1. By downloading, installing, or using the ZEST Puzzle app ("App"), you ("End-User" or "you") agree to be bound by this Agreement.

1.2. This Agreement is between you and the Licensor only, and not with Apple, Inc. ("Apple"). The Licensor is solely responsible for the App and its content.

1.3. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.

2. GRANT OF LICENSE

2.1. Scope: Licensor grants you a revocable, non-exclusive, non-transferable, limited license to use the App on any Apple-branded Products that you own or control, strictly in accordance with the terms of this Agreement and the Usage Rules set forth in the Apple Media Services Terms and Conditions, including permitted Family Sharing or volume purchasing.

2.2. Intellectual Property: All content, features, and functionality of the App, including but not limited to recipes, cooking instructions, puzzles, and graphics are owned by the Licensor and are protected by international copyright, trademark, and other intellectual property laws.

2.3. Restrictions: You may not copy, decompose, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part thereof (including recipes), except where permitted by applicable law or an applicable open-source license.

3. ONE-TIME FULL ACCESS AND EARLIER PURCHASES

3.1. The current App includes free sample access. Full access is unlocked through a one-time, non-consumable App Store in-app purchase, not a recurring subscription.

3.2. Price and purchase conditions are shown by Apple before purchase. Verified owners of eligible earlier paid-download versions retain full access. Use Restore Purchases with the original Apple Account.

3.3. Apple processes payments and refunds. Subscriptions purchased in older versions must be managed or canceled separately in Apple Account settings; uninstalling the App does not cancel them.

4. NO WARRANTY (AS-IS)

4.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

4.2. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4.3. Maintenance: Licensor is solely responsible for providing any maintenance and support services for the App as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4.4. If the App does not conform to an applicable warranty, you may notify Apple and Apple will refund its purchase price. To the extent permitted by law, Apple has no other warranty obligations; the Licensor is responsible for applicable warranties and related claims.

5. LIMITATION OF LIABILITY

5.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

5.2. Nothing in this Agreement excludes or restricts mandatory consumer rights, statutory remedies, or liability that cannot be excluded under applicable law. These protections take precedence over any disclaimer in this Agreement.

6. DATA PRIVACY AND BIOMETRICS (ILLINOIS BIPA)

6.1. Your use of the App is subject to our Privacy Policy, available at https://egoheadworks.com/zest/privacy/.

6.2. The App does not collect or store biometric identifiers (such as fingerprints or face scans). Any use of Face ID/Touch ID is handled entirely by the iOS operating system and not accessible to the Licensor.

7. PRODUCT CLAIMS

7.1. Licensor, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

8. LEGAL COMPLIANCE (OFAC & EXPORT)

8.1. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

10. CONTACT INFORMATION

Any questions, complaints, or claims with respect to the App should be directed to:

Karsten Schwarzkopf
Brodauer Weg 33
04129 Leipzig, Germany
Email: support@egoheadworks.com

11. GOVERNING LAW AND CONSUMER RIGHTS

German law applies, without depriving consumers of mandatory protections under the law of their habitual residence. Jurisdiction is determined by applicable law. This Agreement does not impose mandatory arbitration or a class-action waiver.

12. THIRD-PARTY SERVICES AND TERMINATION

Comply with applicable third-party terms when using Apple services and other services through the App. You may stop using the App at any time. Your license may end for a material breach, subject to applicable law. Mandatory consumer remedies remain unaffected.

13. COOKING AND USER CONTENT

Review recipe instructions, allergens, quantities, and food-safety practices for your circumstances. You are responsible for content you create or share and for the rights needed to use it. See the Terms of Use for additional product information.