End User License Agreement

End User License Agreement (EULA) for the MyBlossom Mobile App

Last Updated: 12 June 2024

This End User License Agreement (the "Agreement") is a legal agreement between you ("User" or "you") and NIU Nature GmbH ("Company," "we," "us," or "our") governing your use of the MyBlossom mobile application (the "App").

1. Acceptance of Terms

By downloading, accessing, or using the App, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree to these terms, please do not use the App.

2. Description of Service

The App provides users with personalized Chinese Astrology readings and includes additional features such as an AI-powered oracle for generating responses based on user input. Subscription options are available for accessing detailed daily readings.

3. Eligibility

You must be at least 16 years old to use the App. By using the App, you represent and warrant that you meet this age requirement.

4. User Accounts

To access certain features, you may be required to create an account. You agree to provide accurate and complete information during registration and to update it as necessary. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account.

5. Subscriptions

Users can purchase subscriptions within the App to access additional features. Subscription terms, pricing, and payment details will be provided at the time of purchase. By purchasing a subscription, you agree to the applicable terms and conditions.

Cancellation: Manage and cancel subscriptions through the Apple App Store or Google Play Store settings.
Refunds: Contact Apple or Google directly for refunds, subject to their respective refund policies.

6. Sharing Birth Details

Users may share their birth details with contacts when accepting or sending friend requests within the App. By doing so, you consent to share your birth details with those contacts.

7. AI-Generated Content

Content provided by the App, including astrology readings and AI oracle responses, is generated by artificial intelligence and is for informational and entertainment purposes only. Users should ask appropriate questions and the App reserves the right to restrict or disable access to the oracle for inappropriate use.

8. Use of the App

You agree to use the App only for lawful purposes and in accordance with this Agreement. Prohibited uses include, but are not limited to, violating any applicable laws, infringing on the rights of others, or interfering with the enjoyment of the App by others.

9. Intellectual Property Rights

The App and its contents, including text, software, images, and designs, are owned by NIU Nature GmbH or its licensors and are protected by intellectual property laws. You may not use any content without our express permission.

10. User Contributions

The App may allow you to post content or materials through interactive features. All User Contributions must comply with our content standards and not violate any laws or the rights of others.

11. Restrictions and Requirements

Proprietary Notices: Any permitted copy of the App (including without limitation Documentation) that the User makes must contain the same copyright and other proprietary notices that appear on or in the App.
Use Obligations: Users agree to use the App only as permitted by this agreement and will not use the App in a manner inconsistent with its design or Documentation.
No Modifications: Users may not modify, port, or adapt the App.
No Reverse Engineering: Users will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App.

12. Termination

We may terminate or suspend your account without notice for any reason, including violation of this Agreement. You may terminate your account by discontinuing use of the App.

13. Disclaimer of Warranties

The App is provided "AS IS" and "AS AVAILABLE." NIU Nature GmbH makes no warranties, express or implied, regarding the operation or content of the App.

AI Oracle Disclaimer: Responses from the AI oracle are based on user input and are for general information. They do not constitute professional advice.

14. Limitation of Liability

NIU Nature GmbH and its affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App. Users assume full responsibility for decisions made based on content from the App.

15. Governing Law

This Agreement is governed by the laws of Germany, without regard to conflict of law principles.

16. Changes to Terms

We may modify this Agreement at any time. If changes are material, we will provide at least 30 days' notice before the new terms take effect. Continued use of the App after changes become effective constitutes your acceptance of the new terms.

17. Platform-Specific Terms

If the App is downloaded from the Apple iTunes Application Store ("App Store") or the Google Play Store ("Google Play"), the following additional terms apply:

Apple-Specific Terms:
- Apple has no liability for the App and its content.
- Your use of the App is limited to a non-transferable license to use the App on any iPhone™, iPad™, or iPod Touch™ that you own or control as allowed by the App Store Terms of Service.
- Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
- To the extent permitted by applicable law, Apple has no warranty obligation with respect to the App, and NIU Nature GmbH will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement.
- Apple is not liable for any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal requirement; and (iii) consumer protection claims.
- Apple is not liable for any third-party claims that the App infringes a third party’s intellectual property rights.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement with respect to the App, and Apple will have the right to enforce this Agreement against you as a third-party beneficiary.
Google Play-Specific Terms:
- Google has no liability for the App and its content.
- Your use of the App is limited to a non-transferable license to use the App on any Android device that you own or control as allowed by the Google Play Terms of Service.
- Google has no obligation whatsoever to furnish any maintenance and support services for the App.
- To the extent permitted by applicable law, Google has no warranty obligation with respect to the App, and NIU Nature GmbH will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement.
- Google is not liable for any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal requirement; and (iii) consumer protection claims.
- Google is not liable for any third-party claims that the App infringes a third party’s intellectual property rights.
- Google and its subsidiaries are third-party beneficiaries of this Agreement with respect to the App, and Google will have the right to enforce this Agreement against you as a third-party beneficiary.

18. General Provisions

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms.
This agreement may only be modified in writing, signed by an authorized officer of NIU Nature GmbH.

19. Contact Information

For questions about this Agreement, contact us at:

Email: hello@niu.clinic
Address: NIU Nature GmbH, Eschersheimer Landstraße 42, 60322 Frankfurt am Main

By using the MyBlossom App, you acknowledge that you have read, understood, and agree to be bound by this Agreement.