End User License Agreement
Last updated: May 21, 2026
This End User License Agreement ("Agreement") is a legal contract between you and 2525932 Alberta Ltd. ("we", "us", or "our"), the developer of the application you are about to use ("Application"). By downloading, installing, or using the Application, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the Application.
1. Acknowledgement
This Agreement is concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Application and its content. The Application is licensed, not sold, to you.
To the extent there is any conflict between this Agreement and the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions will apply with respect to your relationship with Apple.
2. Scope of License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Application on any Apple-branded product that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This Application may also be accessed and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts, as permitted by Apple.
You may not:
- copy the Application except as expressly permitted by this license;
- distribute, sublicense, rent, lease, lend, or transfer the Application to any third party;
- modify, adapt, translate, reverse engineer, decompile, or disassemble the Application, except to the extent such activity is expressly permitted by applicable law notwithstanding this limitation;
- remove, alter, or obscure any proprietary notices on the Application;
- use the Application for any unlawful purpose or in any way that could damage, disable, or impair the Application or interfere with any other party's use of it.
3. Maintenance and Support
We are solely responsible for providing any maintenance and support services with respect to the Application, as we may choose to offer or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
Support requests can be sent to info@wyvern-it.ca. We aim to respond to support requests within a reasonable time but make no guarantees as to response time, issue resolution, or continued availability of the Application.
4. Warranty
The Application is provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing or usage of trade, to the maximum extent permitted by applicable law.
We do not warrant that the Application will meet your requirements, that operation of the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application is free of viruses or other harmful components.
In the event of any failure of the Application to conform to any applicable warranty, 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 our sole responsibility.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions above apply only to the extent permitted by law, and you may have additional statutory rights that cannot be waived.
5. Limitation of Liability
To the maximum extent permitted by applicable law, our total liability to you for any and all claims arising out of or relating to this Agreement or the Application, whether in contract, tort (including negligence), warranty, or otherwise, will not exceed the greater of (a) the amount you paid us (through Apple) for the Application and any in-app purchases in the twelve (12) months preceding the event giving rise to the claim, or (b) ten Canadian dollars (CAD $10.00).
In no event will we be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation damages for lost profits, lost revenue, lost data, business interruption, or substitute goods or services, even if we have been advised of the possibility of such damages.
The above limitations apply regardless of whether the damages arise from breach of contract, breach of warranty, tort (including negligence), product liability, or any other cause of action.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or do not allow limitation of liability for personal injury; in those jurisdictions, the limitations in this section apply only to the extent permitted by law. Nothing in this Agreement limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that cannot be limited or excluded under applicable law.
6. Product Claims and Indemnification
You and we acknowledge that we, not Apple, are responsible for addressing any claims you or any third party may have relating to the Application or your possession or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless 2525932 Alberta Ltd., its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your violation of this Agreement; (b) your misuse of the Application; or (c) your violation of any applicable law or the rights of any third party.
7. Intellectual Property Rights
The Application, including all of its content, features, and functionality (including without limitation all software, text, graphics, audio, design, selection, and arrangement), is owned by us or our licensors and is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You and we acknowledge that, 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, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
8. Purchases, Refunds, and In-App Purchases
All purchases of the Application and any in-app purchases are processed by Apple through the App Store under Apple's terms. We do not collect or store payment information. Refund decisions for purchases made through the App Store are handled by Apple in accordance with Apple's published refund policy. If you wish to request a refund, please contact Apple directly.
We make no representation or warranty as to the availability, functionality, or pricing of any in-app purchase, and we reserve the right to modify, suspend, or discontinue any in-app content at any time without notice or liability.
9. Children
The Application is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and you believe a child has provided us with personal information, please contact info@wyvern-it.ca and we will delete it.
10. Privacy
Our handling of personal information is described in our Privacy Policy, available at wyvern-it.ca/privacy. By using the Application, you acknowledge that you have read and understood the Privacy Policy.
11. Legal Compliance
You represent and warrant that:
- 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
- you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to use the Application in compliance with all applicable laws, rules, and regulations, including any third-party terms of agreement applicable to your use of the Application (for example, your wireless carrier's terms with respect to data usage).
12. Third-Party Beneficiary
You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
13. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically and without notice if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Application and destroy all copies of it in your possession or control. The provisions of Sections 4 (Warranty), 5 (Limitation of Liability), 6 (Product Claims and Indemnification), 7 (Intellectual Property Rights), 12 (Third-Party Beneficiary), 14 (Governing Law), 15 (Dispute Resolution; Arbitration; Class Action Waiver), and 16 (General) will survive termination.
14. Governing Law
This Agreement is governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
If you are a consumer resident in the European Union, the United Kingdom, Australia, New Zealand, the Province of Quebec, or another jurisdiction with mandatory local consumer protection laws, you may also be entitled to the protections of those laws regardless of the governing law clause above, and nothing in this Agreement limits any such mandatory rights that cannot be waived by contract.
15. Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
Informal resolution. Before initiating any formal dispute resolution, you agree to first contact us at info@wyvern-it.ca and attempt in good faith to resolve the dispute informally. If we are unable to resolve the dispute within thirty (30) days of receiving your notice, either party may proceed under the formal procedures below.
Binding arbitration. Except as set out below, any dispute, claim, or controversy arising out of or relating to this Agreement or the Application (a "Dispute") that is not resolved informally will be resolved by final and binding arbitration administered by ADR Institute of Canada, Inc. under its Arbitration Rules then in effect. The arbitration will be conducted before a single arbitrator, in English, in Calgary, Alberta (or, at your election as a consumer, by written submissions or telephone hearing). The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.
Class action waiver. You and we agree that any Dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate the claims of more than one person, and may not preside over any form of representative or class proceeding.
Exceptions. Notwithstanding the above, either party may (a) bring an individual action in small claims court in a court of competent jurisdiction for any claim within that court's jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop infringement or misuse of intellectual property rights.
Consumers in certain jurisdictions. If you are a consumer resident in the European Union, the United Kingdom, Australia, New Zealand, the Province of Quebec, or any other jurisdiction whose mandatory consumer protection laws prohibit pre-dispute arbitration agreements or class action waivers, those parts of this Section 15 do not apply to you, and disputes will instead be resolved in the courts of competent jurisdiction in your place of residence under the law of that place. The remainder of this Agreement, including Section 14 (Governing Law) to the extent not in conflict with mandatory local law, continues to apply.
16. General
Entire agreement. This Agreement, together with our Privacy Policy and any terms presented at the time of an in-app purchase, is the entire agreement between you and us regarding the Application, and supersedes all prior or contemporaneous communications and proposals.
Changes. We may update this Agreement from time to time. If we make a material change, we will update the "Last updated" date at the top of this page and may notify you in the Application or on the App Store listing for the affected Application. Your continued use of the Application after the effective date of a change constitutes your acceptance of the updated Agreement.
Severability. If any provision of this Agreement is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if no such modification is possible, and the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of that right or provision.
Assignment. You may not assign or transfer this Agreement or any rights under it without our prior written consent. We may assign this Agreement at any time without restriction.
Headings. Section headings are for convenience only and do not affect interpretation.
17. Contact
Questions about this Agreement, or any complaints or claims regarding the Application, can be sent to:
2525932 Alberta Ltd.
Calgary, Alberta, Canada
Email: info@wyvern-it.ca