Terms of Service

Last Updated: February 22, 2026
Effective Date: February 22, 2026

Jona Ramos de la Rosa
Leistenstr. 1
DE-97084 Würzburg

E-Mail: hey [at] markerforcreators.com

Please read these Terms of Service ("Terms," "ToS," or "Agreement") carefully before using any Marker for Creators application, companion application, or website. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. PARTIES AND SCOPE

1.1 Provider

These Terms constitute a legally binding agreement between you ("You," "User," or "Your") and:

ichbinjona.com
Jona Ramos de la Rosa
Leistenstraße 1
97082 Würzburg
Germany

Email: [email protected]
Website: https://markerforcreators.com

(hereinafter referred to as "Provider," "We," "Us," or "Our")

1.2 Scope of Services

These Terms govern your use of all products and services offered under the Marker for Creators brand (collectively, the "Services"), including but not limited to:

Where these Terms refer to an "App" or "Application," this includes all of the above applications individually and collectively as applicable. Where they refer to the "Services," this includes all Apps, the Website, and any associated cloud-based features, content, and functionality.

1.3 Additional Terms

Certain Services may be subject to additional terms, conditions, or policies (e.g., beta program terms, promotional offers). Such additional terms will be presented to you at the relevant time and are incorporated by reference into these Terms. In the event of a conflict, the additional terms shall prevail with respect to the applicable Service.

2. LICENSE — NOT A SALE

2.1 Grant of License

The Applications are licensed, not sold, to you. Subject to your compliance with these Terms, the Provider grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Applications on devices that you own or control, solely for your personal or internal business purposes.

2.2 Scope of License

(a) iOS and macOS Apps: You may use the iOS App and macOS App on any Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions (the "Usage Rules"). The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Application, as well as any upgrades provided by the Provider that replace or supplement the original Application, unless such upgrade is accompanied by separate terms.

(b) Android App: When available, you may use the Android App on any compatible Android device that you own or control, as permitted by the Google Play Terms of Service.

(c) Companion App: You may install and use the Companion App on any compatible desktop computer (macOS or Windows) that you own or control.

(d) Website: You may access and use the Website through any standard web browser, subject to these Terms.

2.3 License Restrictions

You shall not:

(a) Copy, distribute, or make the Application available over a network where it could be used by multiple devices simultaneously, except as permitted by the applicable platform's usage rules (e.g., Apple Family Sharing);

(b) Transfer, redistribute, sublicense, rent, lease, or lend the Application to any third party. If you sell or transfer a device on which the Application is installed, you must remove the Application from the device before doing so;

(c) Reverse-engineer, disassemble, decompile, decode, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof, except as and only to the extent that (i) such activity is expressly permitted by applicable law notwithstanding this limitation (including but not limited to Article 6 of the EU Directive 2009/24/EC on the legal protection of computer programs) or (ii) to the extent permitted by the licensing terms governing use of any open-source components included with the Application;

(d) Use the Application for any unlawful purpose or in violation of any applicable local, national, or international law or regulation;

(e) Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Application;

(f) Use the Application in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of the Services;

(g) Use automated means (including bots, scrapers, or spiders) to access the Services or extract data, unless expressly authorized by us in writing;

(h) Circumvent, disable, or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content.

2.4 Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by the Provider. No implied licenses are granted.

3. ACCOUNT REGISTRATION

3.1 Optional Account

Certain features of the Services may require you to create a user account ("Account"). Account creation is optional for basic functionality but may be required to access certain features, including but not limited to cloud synchronization, cross-device syncing, and subscription management.

3.2 Account Responsibilities

If you create an Account, you agree to:

(a) Provide accurate, current, and complete information during registration;

(b) Maintain and promptly update your Account information to keep it accurate, current, and complete;

(c) Maintain the security and confidentiality of your login credentials and not share them with any third party;

(d) Accept responsibility for all activities that occur under your Account;

(e) Notify us immediately at [email protected] if you suspect any unauthorized use of your Account.

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your Account at any time if we reasonably believe that:

(a) Your Account information is inaccurate or incomplete;

(b) You have violated these Terms;

(c) Your Account is being used for fraudulent, abusive, or unlawful purposes;

(d) It is necessary to protect the security or integrity of the Services.

We will make reasonable efforts to notify you prior to any suspension or termination, except where immediate action is required to prevent harm.

4. SUBSCRIPTIONS, PAYMENTS, AND PURCHASES

4.1 Free and Premium Tiers

The Services are offered in a free tier ("Marker Free") and a premium tier ("Marker Pro"). Marker Free provides full functionality with limited usage allowances. Marker Pro removes these limitations and may include additional features.

4.2 Subscription Plans

Marker Pro is available through the following subscription plans (subject to change):

From time to time, we may offer lifetime access ("Lifetime Deal") or other special one-time purchase options to select users at our sole discretion. Such offers are not generally available and may be subject to additional terms.

4.3 Free Trials

We may, at our sole discretion, offer a free trial period for Marker Pro to certain users. If you are offered a free trial, you may use Marker Pro features during the trial period at no charge. At the end of the free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial period ends.

4.4 Payment Processing

(a) App Store Purchases: Subscriptions and in-app purchases made through the iOS App or macOS App are processed by Apple Inc. through the App Store. All such transactions are subject to Apple's terms and conditions, including the Apple Media Services Terms and Conditions.

(b) Google Play Purchases: When the Android App becomes available, subscriptions and in-app purchases made through it will be processed by Google LLC through Google Play. All such transactions will be subject to Google Play's terms and conditions.

(c) Other Purchases: We may offer the ability to purchase subscriptions or other products directly through the Website, the Companion App, or other channels. Such transactions will be processed by our designated third-party payment processors (currently RevenueCat, Inc. and/or Stripe, Inc.) and are subject to their respective terms of service.

4.5 Subscription Renewal and Cancellation

(a) Auto-Renewal: All subscriptions automatically renew at the end of each billing period (weekly, monthly, or yearly, as applicable) unless you cancel before the renewal date.

(b) Cancellation:

(c) No Partial Refunds: Unless otherwise required by applicable law, cancellation does not entitle you to a refund for any fees already paid. You will continue to have access to Marker Pro until the end of your current billing period after cancellation.

4.6 Refunds

(a) For purchases made through the App Store or Google Play, refund requests are handled exclusively by Apple or Google, respectively, in accordance with their refund policies.

(b) For purchases made through other channels, refund requests should be directed to [email protected]. We will process refunds in accordance with applicable law, including but not limited to the EU Consumer Rights Directive (Directive 2011/83/EU) and German law (§§ 312g, 355 BGB).

(c) Right of Withdrawal (EU/EEA Consumers): If you are a consumer in the European Union or the European Economic Area, you have a statutory right of withdrawal of 14 days from the date of purchase. However, you acknowledge and agree that by requesting immediate access to digital content (i.e., Marker Pro features) before the expiration of the withdrawal period, and by confirming your acknowledgment that you thereby lose your right of withdrawal, your right of withdrawal is extinguished upon the commencement of the download or streaming of the digital content, in accordance with Article 16(m) of Directive 2011/83/EU and § 356 (5) BGB.

4.7 Price Changes

We reserve the right to change the prices for our subscription plans at any time. Price changes will not affect active subscription periods. We will notify you of any price changes before your next renewal date, and you will have the opportunity to cancel before the new price takes effect.

4.8 Taxes

All prices are inclusive of applicable value-added tax (VAT) where required by law. Where Apps are purchased through the App Store or Google Play, the platform operator is responsible for collecting and remitting applicable taxes in accordance with its marketplace facilitator obligations.

5. COMPANION APP

5.1 Purpose

The Marker for Creators Companion App is a free desktop application that enables users to export and transfer marker sessions and project data created in the Marker for Creators iOS or macOS App to third-party video editing software and other compatible applications.

5.2 Companion App Limitations

The Companion App is free to download and use. However, the Companion App reflects the same access limitations as your Marker for Creators account:

(a) Sessions and data within your Marker Free allowance can be freely exported through the Companion App;

(b) Sessions and data that require Marker Pro access will be displayed in the Companion App but cannot be exported unless you have an active Marker Pro subscription;

(c) You may purchase or manage a Marker Pro subscription from within the Companion App, subject to the payment terms in Section 4.

5.3 Companion App License

The Companion App is licensed to you under the same terms as set forth in Section 2, adapted to the applicable desktop operating system (macOS or Windows).

6. USER CONTENT

6.1 Your Content

The Services allow you to create, import, edit, store, and export content including but not limited to marker sessions, timecodes, annotations, project files, presets, and related metadata ("User Content"). You retain all ownership rights in and to your User Content.

6.2 License to User Content

By using the Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to access, store, process, and transmit your User Content solely to the extent necessary to provide and operate the Services, including but not limited to:

(a) Storing your User Content on our servers for cloud synchronization purposes;

(b) Transmitting your User Content to your other devices for cross-device syncing;

(c) Processing your User Content to generate exports or other outputs as requested by you;

(d) Creating anonymized, aggregated data derived from your User Content for the purpose of improving the Services (such aggregated data will not identify you personally).

This license terminates when you delete your User Content from the Services or when your Account is terminated, subject to reasonable backup and archival periods.

6.3 Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that:

(a) You own or have obtained all necessary rights, licenses, and permissions to use and authorize us to use your User Content as described in these Terms;

(b) Your User Content does not infringe or violate any third party's intellectual property rights, privacy rights, or other rights;

(c) Your User Content does not violate any applicable law or regulation.

6.4 No Obligation to Monitor

We are under no obligation to monitor, review, or edit User Content, but we reserve the right to do so at our discretion to ensure compliance with these Terms or applicable law.

7. CLOUD SYNCHRONIZATION AND DATA STORAGE

7.1 Cloud Sync Feature

The Services offer an optional cloud synchronization feature ("Cloud Sync") that allows you to sync your User Content across multiple devices. Cloud Sync is provided through third-party infrastructure services (currently Google Firebase/Firestore).

7.2 Data Storage

(a) Local Storage: By default, your User Content is stored locally on your device. We do not have access to locally stored data.

(b) Cloud Storage: If you enable Cloud Sync, your User Content (including but not limited to marker sessions, projects, presets, user statistics, and related metadata) will be transmitted to and stored on our cloud servers.

(c) Data Processing: Cloud-stored data is processed in accordance with our Privacy Policy, available at https://markerforcreators.com/privacy.

7.3 Availability and Reliability

(a) We make reasonable efforts to ensure the availability and reliability of Cloud Sync, but we do not guarantee uninterrupted, error-free, or secure operation of the service.

(b) We are not responsible for any loss, corruption, or unauthorized access to data stored in the cloud, except to the extent caused by our willful misconduct or gross negligence (see Section 12).

(c) You are solely responsible for maintaining your own backups of your User Content. We strongly recommend that you regularly back up your data independently of the Cloud Sync feature.

7.4 Data Deletion

Upon termination of your Account or upon your request, we will delete your cloud-stored User Content within a reasonable timeframe, subject to applicable legal retention obligations. For details, please refer to our Privacy Policy.

8. CONSENT TO USE OF DATA

8.1 Technical and Usage Data

You agree that the Provider may collect and use technical data and related information — including but not limited to technical information about your device, operating system, application version, system configuration, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Application.

8.2 Analytics

We use analytics services to understand how the Services are used and to improve them. These services may include, but are not limited to: PostHog, Google Analytics, Firebase Analytics, and similar tools. Data collected through these services is processed in accordance with our Privacy Policy.

8.3 Privacy Policy

All personal data processing is governed by our Privacy Policy, available at https://markerforcreators.com/privacy. Our Privacy Policy forms an integral part of these Terms. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

9. INTELLECTUAL PROPERTY

9.1 Ownership

The Services, including but not limited to all software, code, algorithms, designs, graphics, user interfaces, text, images, audio, video, trademarks, service marks, logos, trade names, and other intellectual property embodied therein (collectively, "Provider IP"), are and shall remain the exclusive property of the Provider and/or its licensors. These Terms do not grant you any ownership interest in the Provider IP.

9.2 Trademarks

"Marker for Creators," "Marker Pro," "Marker for Creators Companion," the Marker for Creators logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of the Provider (whether or not registered). You may not use such marks without the prior written permission of the Provider.

9.3 Feedback

If you provide us with any feedback, suggestions, ideas, or improvements relating to the Services ("Feedback"), you hereby grant the Provider a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Feedback in any manner and for any purpose, without compensation or attribution to you.

10. THIRD-PARTY SERVICES AND CONTENT

10.1 Third-Party Services

The Services may enable access to, rely upon, or integrate with third-party services, platforms, and websites (collectively, "Third-Party Services"), including but not limited to:

10.2 Disclaimer Regarding Third-Party Services

Third-Party Services are provided "as is" and are subject to their own terms and privacy policies. We are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, security, validity, legality, decency, quality, or any other aspect of any Third-Party Services. We do not warrant and shall not have any liability or responsibility for any Third-Party Services, or for any materials, products, or services of third parties.

10.3 Your Responsibility

You agree to use Third-Party Services at your sole risk. You are solely responsible for reviewing and complying with the terms of service and privacy policies of any Third-Party Services you access through or in connection with the Services.

10.4 Changes to Third-Party Services

We reserve the right to change, add, or remove integrations with Third-Party Services at any time, with or without notice.

11. AGE REQUIREMENTS

11.1 General

The Services are rated 4+ on the Apple App Store and are designed to be suitable for users of all ages. There is no minimum age requirement to use the basic features of the Services.

11.2 Minors and Parental Consent (GDPR/DSGVO)

In accordance with Article 8 of the General Data Protection Regulation (GDPR) and § 8 TTDSG (German Telecommunications and Telemedia Data Protection Act):

(a) If you are under 16 years of age and located in Germany or another EU/EEA member state that has not lowered the age threshold below 16, the consent of your parent or legal guardian is required for the processing of your personal data in connection with the Services.

(b) If you are a parent or legal guardian and you provide consent for your child to use the Services, you agree to be bound by these Terms on behalf of your child and accept responsibility for your child's use of the Services.

(c) Different age thresholds may apply in other jurisdictions. You are responsible for compliance with the laws applicable in your jurisdiction.

11.3 Account Registration by Minors

If an Account is required, users under 16 years of age (or the applicable age threshold in their jurisdiction) must have the Account created or supervised by a parent or legal guardian.

12. DISCLAIMER OF WARRANTIES

12.1 "As Is" Provision

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

12.2 No Guarantee of Availability

The Provider does not warrant that:

(a) The Services will meet your requirements;

(b) The Services will be uninterrupted, timely, secure, or error-free;

(c) The results obtained from the use of the Services will be accurate or reliable;

(d) Any errors in the Services will be corrected;

(e) The Services will be compatible with any particular third-party software, hardware, or platforms.

12.3 Consumer Rights Preserved

IMPORTANT FOR EU/EEA CONSUMERS: The disclaimers in this Section 12 do not affect your statutory warranty rights under applicable mandatory consumer protection law, including but not limited to the EU Consumer Rights Directive, the EU Digital Content Directive (Directive (EU) 2019/770), and the German Civil Code (BGB), in particular §§ 327 et seq. BGB (contracts for digital products). Where mandatory law provides stronger protections, those protections shall apply.

13. LIMITATION OF LIABILITY

13.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), AND EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(a) THE TOTAL AMOUNT YOU HAVE PAID TO THE PROVIDER FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(b) FIFTY EUROS (€50.00).

13.3 Exceptions Under German/EU Law

THE LIMITATIONS IN SECTIONS 13.1 AND 13.2 DO NOT APPLY TO:

(a) Liability for damages caused by willful misconduct (*Vorsatz*) or gross negligence (*grobe Fahrlässigkeit*) of the Provider, its legal representatives, or its vicarious agents;

(b) Liability for damages resulting from injury to life, body, or health (*Leben, Körper oder Gesundheit*) caused by negligent or intentional breach of duty by the Provider, its legal representatives, or its vicarious agents;

(c) Liability arising from a breach of material contractual obligations (*wesentliche Vertragspflichten* / *Kardinalpflichten*). In such cases, liability is limited to the foreseeable, typically occurring damages;

(d) Liability under the German Product Liability Act (*Produkthaftungsgesetz*);

(e) Any other liability that cannot be excluded or limited under mandatory applicable law.

13.4 Data Loss

With respect to any loss of data, the Provider shall only be liable if the User has ensured that data has been backed up at reasonable intervals and in a manner appropriate to the risk, so that the data can be restored with reasonable effort. In the absence of such backups, the Provider's liability for data loss is limited to the cost that would have been incurred to restore the data from a proper backup.

14. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Provider, its affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with:

(a) Your use of the Services in violation of these Terms;

(b) Your User Content;

(c) Your violation of any applicable law or regulation;

(d) Your violation of any third party's rights, including intellectual property rights and privacy rights.

This indemnification obligation shall not apply to the extent that the claim arises from the Provider's own willful misconduct or gross negligence.

15. TERMINATION

15.1 Termination by You

You may terminate this Agreement at any time by:

(a) Deleting all Apps from your devices;

(b) Discontinuing use of the Website and Services;

(c) Deleting your Account (if applicable) by contacting us at [email protected] or through your Account settings;

(d) Canceling any active subscriptions in accordance with Section 4.5.

15.2 Termination by Provider

The Provider may terminate or suspend your access to the Services at any time, with or without cause, upon notice to you. Grounds for termination include, but are not limited to:

(a) Breach of these Terms;

(b) Fraudulent, abusive, or unlawful activity;

(c) Non-payment of fees (where applicable);

(d) Extended inactivity of your Account;

(e) Discontinuation of the Services or any part thereof.

Where possible, we will provide reasonable prior notice and an opportunity to cure any breach before termination, except where immediate termination is necessary to prevent harm, comply with law, or protect the rights and safety of other users.

15.3 Effects of Termination

Upon termination:

(a) Your license to use the Services is immediately revoked;

(b) You must cease all use of the Services and delete all copies of the Applications from your devices;

(c) Any outstanding payment obligations survive termination;

(d) Cloud-stored User Content will be deleted in accordance with Section 7.4 and our Privacy Policy;

(e) Sections that by their nature should survive termination (including but not limited to Sections 6.2, 9, 12, 13, 14, 16, 17, and 18) shall survive.

16. CHANGES TO THESE TERMS

16.1 Right to Modify

We reserve the right to modify these Terms at any time at our reasonable discretion. The revised Terms will be posted on our Website at https://markerforcreators.com/terms and may be communicated to you through the Application or via email.

16.2 Notification

We will notify you of material changes to these Terms at least thirty (30) days before such changes take effect, by one or more of the following means:

(a) An in-app notification;

(b) An email to the address associated with your Account;

(c) A prominent notice on our Website.

16.3 Acceptance of Changes

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and may terminate your Account in accordance with Section 15.1.

16.4 Consumer Protection

For users who are consumers in the EU/EEA: Material changes that significantly affect your rights or obligations under these Terms will require your explicit consent where required by applicable law. You may reject such changes, in which case the previous Terms will continue to apply until you or we terminate the Agreement.

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 Governing Law

This Agreement and any disputes arising out of or relating to it, its subject matter, or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

17.2 Jurisdiction

Subject to mandatory consumer protection provisions, any legal proceedings arising out of or relating to this Agreement shall be brought exclusively before the competent courts of Würzburg, Germany.

17.3 EU Consumer Protection

IMPORTANT FOR EU/EEA CONSUMERS: If you are a consumer habitually resident in the European Union or the European Economic Area:

(a) You shall not be deprived of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of habitual residence (Article 6(2) of Regulation (EC) No 593/2008 — Rome I Regulation);

(b) You may bring proceedings in the courts of your country of habitual residence (Article 18 of Regulation (EU) No 1215/2012 — Brussels Ia Regulation);

(c) Nothing in these Terms limits your right to rely on any mandatory consumer protection laws of your jurisdiction.

17.4 Online Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform, which you can access at https://ec.europa.eu/consumers/odr. We are not obligated and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board, unless required by applicable law.

18. APPLE-SPECIFIC TERMS

This Section 18 applies only to the extent you access or use the Services through an Apple device or the Apple App Store.

18.1 Acknowledgment

You acknowledge that these Terms are between you and the Provider only, and not with Apple Inc. ("Apple"). The Provider, not Apple, is solely responsible for the Application and its content.

18.2 Scope of License

Your license to the Application is limited to a non-transferable license to use the Application on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

18.3 Maintenance and Support

The Provider is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

18.4 Warranty

In the event of any failure of the Application to conform to any applicable warranty (including warranties implied by law), you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Provider's sole responsibility.

18.5 Product Claims

You acknowledge that the Provider, not Apple, is responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

18.6 Intellectual Property Claims

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

18.7 Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

18.8 Legal Compliance

You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws and regulations.

19. GOOGLE PLAY-SPECIFIC TERMS

This Section 19 applies only to the extent you access or use the Services through an Android device or Google Play Store, when available.

19.1 Acknowledgment

You acknowledge that these Terms are between you and the Provider only, and not with Google LLC ("Google"). The Provider, not Google, is solely responsible for the Application and its content.

19.2 Google Play Terms

Your use of the Application through Google Play is subject to the Google Play Terms of Service (https://play.google.com/about/play-terms/). In the event of a conflict between these Terms and the Google Play Terms of Service with respect to your use of the Application on Android, the Google Play Terms of Service shall prevail.

19.3 Support and Claims

The Provider, not Google, is solely responsible for providing support and handling any product-related claims, including product liability claims and claims related to non-conformity with applicable laws.

20. EXPORT COMPLIANCE

You may not use or otherwise export or re-export the Application except as authorized by applicable law, including but not limited to applicable EU export control regulations (Regulation (EC) No 428/2009 and its successors), German export control laws (Außenwirtschaftsgesetz — AWG), and the laws of the jurisdiction in which the Application was obtained. You represent and warrant that you are not located in a country subject to EU or U.S. sanctions, or on any applicable restricted party list.

21. MISCELLANEOUS

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and the Provider with respect to the subject matter hereof and supersede all prior and contemporaneous oral or written agreements, understandings, communications, and proposals.

21.2 Severability (*Salvatorische Klausel*)

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions.

21.3 Waiver

The failure of the Provider to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Provider.

21.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Provider. The Provider may freely assign its rights and obligations under these Terms to any third party, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided that such assignment does not reduce your rights under these Terms.

21.5 Force Majeure

The Provider shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, strikes, government actions, power failures, internet disturbances, or failure of third-party services.

21.6 Notices

All notices under these Terms shall be in writing and shall be deemed duly given when sent by email to:

21.7 No Third-Party Beneficiaries

Except as expressly provided in Sections 18.7 (Apple as third-party beneficiary) and 19 (Google Play terms), these Terms do not create any third-party beneficiary rights.

21.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

21.9 Language

These Terms are drafted in the English language. The English language version shall be the authoritative and binding version. Any translations are provided for convenience only and shall not be used in the interpretation of these Terms.

22. CONTACT INFORMATION

If you have any questions, concerns, or complaints about these Terms or the Services, please contact us at:

ichbinjona.com
Leistenstraße 1
97082 Würzburg
Germany

Email: [email protected]
Website: https://markerforcreators.com

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.