EZQPool End User License Agreement and Terms of Use (draft)

Last updated: DECISION: effective date and version number, set when the owner publishes it.

1. Who we are and what this covers

These terms are a contract between you ("you") and DECISION: legal name of the licensor (the owner as an individual or a company) and its address ("EZQPool", "we", "us") about the EZQPool mobile application, its updates, the detection model and other data that ship inside it, and any related content (together the "App"). By installing, opening or using the App you accept these terms. If you do not accept them, do not install or use the App.

If you downloaded the App from the Apple App Store, Apple's Licensed Application End User License Agreement ("Apple Standard EULA") also applies. DECISION: use the Apple Standard EULA as is and add Sections 2, 3 and 5 to 10 below as an addendum (Sections 2 and 3 must be included so iOS and Android players get the same use limits), or provide a custom EULA to Apple (Apple allows both). If these terms and the Apple Standard EULA conflict on a point Apple regulates (for example Apple's role as third-party beneficiary), the Apple terms prevail on that point.

If you downloaded the App from Google Play, these terms are the custom terms of use for that distribution.

2. What EZQPool is, and what it is not

EZQPool is a training tool that helps players practise aiming on a real pool table: you take a photo, the App finds the table and balls and suggests an aim line and a chalk position. The suggestions are estimates. They can be wrong because of the photo, the lighting, the table or the App.

• Do not use the App in matches, tournaments or games played for money or other stakes, or anywhere its use is forbidden by the rules of the venue or the competition. DECISION: confirm this "training only" wording, which matches the positioning planned for the store listing (RA-71).
• Use the App only where it is safe to do so. Do not look at the screen while moving around a table, and do not hold the phone in a way that could hurt people or damage property.

3. License grant

Subject to these terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on devices you own or control, for your own personal, non-commercial training use, and as the app store's usage rules allow (for example Apple Family Sharing). The App is licensed, not sold. We and our licensors keep all rights not expressly granted.

DECISION: allow commercial use by coaches, clubs or academies? This draft says no (personal use only). A "coach/club" license would need its own terms and price.

4. Ownership

The App, including its source code, the trained detection model and its weights, the geometry and aiming algorithms, calibration data and parameters, the user interface, text, images, sounds, the name "EZQPool", the logo and all related trademarks, is owned by us or our licensors and is protected by copyright, trademark, trade secret and other laws. Open-source and third-party components in the App remain under their own licenses, listed in the App's third-party notices; nothing in these terms limits your rights under those licenses.

5. Restrictions

Except to the extent that a law that cannot be waived expressly allows it despite this clause, you must not, and must not help or allow anyone else to:

1. decompile, disassemble, reverse engineer, or otherwise try to derive the source code, algorithms, structure or parameters of the App or of any part of it;
2. extract, copy, dump, convert, fine-tune, distil, retrain, benchmark against, or reuse the machine-learning models in the App (including their weights, architecture and files in ONNX or any other format), or probe the models to recreate or approximate them, for example by systematically submitting inputs to build a training set from the outputs;
3. extract or reuse data and assets from the App or its servers (images, textures, labels, datasets, calibration tables, camera profiles, parameters, text, sounds), other than what you create yourself with the App and may save or share as the App allows;
4. modify, adapt, translate or create derivative works of the App, repackage, re-sign, rebrand, clone or republish it or part of it, in any store or by any other means, or distribute modified copies;
5. use automated means (bots, scrapers, crawlers, emulators or scripts) to access the App or its servers, or send requests at a rate or in a pattern a normal player would not;
6. remove, bypass, disable or tamper with security, licensing, integrity, obfuscation, anti-tamper, consent or purchase-verification features, or run the App on a rooted or jailbroken device or in a debugger or instrumentation tool for any of the purposes above;
7. rent, lease, lend, sell, sublicense, or otherwise make the App available to a third party, or offer it as a service;
8. use the App, its outputs or its data to build or train a competing product or model;
9. upload to the App or our servers anything that is unlawful, infringes the rights of others, contains malware, or that you do not have the right to share;
10. try to interfere with or overload the App or our servers, or gain access to systems, accounts or data that are not yours.

Nothing here limits what you create with the App for yourself. You keep the rights in your own photos.

6. Your content and optional photo contribution

You keep ownership of the photos you take. The App processes them on your device to give you a result. If you choose, in a separate consent screen, to contribute photos and detection results to improve EZQPool, you grant us a worldwide, non-exclusive, royalty-free license to store, process and use that material to operate, improve and train EZQPool and its models. If you send a problem report, we use it only to investigate and fix the problem you reported and to improve the App; we do not use problem reports to train models (only photos contributed through the consent screen are used for training). What is collected, how long it is kept, and how to withdraw or ask for deletion are described only in the privacy policy (RA-71) and in the consent screen; those texts prevail over this Section on data protection questions.

DECISION: is the license in this Section wide enough (it covers training models, and the models remain ours) and does it need an explicit statement that contributed photos may show other people nearby and that you must not contribute photos you have no right to share?

7. Purchases and subscriptions

DECISION: will the App have in-app purchases or subscriptions at launch? If not, delete this Section.

Placeholder if yes: prices, billing periods, free trials, renewal and cancellation are handled by the app store you bought from (Apple App Store or Google Play) under its own terms; we do not process your payment. Refunds are decided by the store under its policy and by your mandatory consumer rights. DECISION: refund and trial wording, and a list of what is paid.

7A. Referral terms

The App may offer an invite programme. These terms apply only if you use it.

• What you get. When you share your personal invite code and a friend enters it and then really uses the App, you and your friend each get 7 days of premium. "Really uses" means the friend gets results on at least two different days, at least 12 hours apart, and at least 3 results in total, within 14 days of entering the code. Installing the App, signing up or rating it earns nothing. The days are granted by our server after that activity, not by the app store.
• Limits. A friend can enter a code only once per install and only within 7 days of first opening the App. You can earn at most 5 rewards in 30 days and 20 in a year, and at most 60 days can be stored ahead; days that would go over a limit are not granted (your friend's days still are). If you hold paid premium, the days wait and start when it ends. Premium days have no cash value and cannot be sold or transferred.
• Tied to the phone. A phone can redeem only one code, and your own code does not work on your own phone. We check the device when a code is entered and may refuse a code if the check fails (for example on an emulator). Days stay on this phone unless you choose the optional sign-in, in which case they follow your account.
• Fair use. Do not create fake installs, use emulators, or offer money or other rewards for code entry, and do not ask for ratings or reviews in return for a code. We may refuse, revoke or remove rewards that come from abuse, and suspend codes.
• Platform rules. The programme must follow the rules of the app stores; on some platforms the friend's reward may be switched off. We may change, pause or end the programme, or its rewards and limits, at any time; days already granted stay valid until they end. The app store is not a sponsor of the programme.
• Your data. What the programme stores is described only in the privacy policy, Section 3A.

DECISION: whether the owner accepts these numbers (DL-52) and wording; lawyer review.

8. Updates, changes and availability

We may update, change, suspend or discontinue the App or any feature, and may require an update to keep using it, for example for security, legal or compatibility reasons. We do not promise the App will always be available, accurate or error-free, or that it will work on every device or table. DECISION: minimum support commitment (for example a notice period before shutting the App down).

We may change these terms. We will show the new version in the App or on our website, with a new date. If a change is material, we will ask you to accept it again; using the App after you accept it means you agree. If you do not agree, stop using the App and delete it. DECISION: how changes are notified (in-app screen, store notes, email).

9. Termination

You may stop at any time by deleting the App. We may suspend or end your license immediately, without notice or refund where the law allows, if you breach these terms, especially Section 5, or if the law requires it. When the license ends you must stop using the App and delete all copies. Sections 4, 5, 6 (as to material already contributed, subject to your withdrawal rights in the privacy policy), 10 to 16 and anything meant to survive remain in force.

10. Enforcement and takedowns

You agree that a breach of Section 5 would harm us in a way money may not fully repair, so we may ask a court for an injunction or similar relief in addition to our other remedies, to the extent the law allows. We may report repackaged or copied versions of the App to app stores, hosting providers and courts, and may use technical measures to detect and block copies or abuse. DECISION: whether to add a liquidated-damages or similar clause (strong, but enforceability varies a lot by country and it can look aggressive to consumers; this draft leaves it out).

11. Disclaimer of warranties

To the fullest extent the law allows, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, and that results (aim lines, chalk positions, shot scores) are correct or will help you win. Some countries do not allow some exclusions; then they apply only as far as the law allows. Nothing in these terms limits rights you have under mandatory consumer law.

12. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or lost winnings, arising from the App or these terms. Our total liability for any claim is limited to DECISION: cap amount, for example the greater of the amount you paid for the App in the 12 months before the claim and a small fixed sum. None of this excludes or limits liability that cannot be excluded or limited by law, such as for death or personal injury caused by negligence, fraud, or intentional misconduct.

13. Indemnity

DECISION: include an indemnity from the user for claims caused by their breach of these terms? Many consumer laws (the EU in particular) limit or void it for consumers, so this draft leaves it out. If the owner wants it, add: "You will compensate us for third-party claims arising from your breach of Section 5 or 6, to the extent the law allows."

14. Governing law and disputes

These terms are governed by DECISION: governing law (for example the law of Vietnam, or of the owner's home jurisdiction), excluding its conflict-of-law rules. Disputes will be brought before DECISION: courts or arbitration body and place. The App launches worldwide (D-DL-31), so: if you are a consumer, you also keep the protection of the mandatory consumer law of the country where you live, and you may bring a claim in the courts there where that law gives you the right. DECISION: add an arbitration or class-action waiver for US users? This draft leaves it out because it needs local legal advice.

15. Export, sanctions and government use

You confirm that you are not in a country or on a list subject to sanctions or export restrictions that forbid you from using the App. DECISION: keep this export clause (stores usually require such a statement for worldwide distribution).

16. General

• Entire agreement: these terms (with the privacy policy and, for Apple downloads, the Apple Standard EULA) are the whole agreement about the App.
• Severability: if a part is invalid or unenforceable, the rest stays in force, and the invalid part is replaced by the closest valid one.
• No waiver: not enforcing a right now does not give it up later.
• Assignment: you may not transfer these terms or your license. We may transfer them to a successor of the App or our business. DECISION: confirm.
• Third-party beneficiaries: Apple (and its subsidiaries) are third-party beneficiaries of the Apple-related terms; otherwise no one but you and us has rights under these terms.
• Third-party services: the App uses third-party services for automatic crash reports and, only with your consent, usage analytics (Firebase Crashlytics and Analytics, D-DL-31). They are named and explained in the privacy policy, not here.
• Age: DECISION: minimum age (13 is the usual minimum for worldwide stores; some countries require 16 for data processing without a parent's consent). This must match the store age rating and RA-71.

17. Languages

These terms are provided in English and Vietnamese. DECISION: which language prevails if they differ (this draft proposes English for a worldwide launch).

18. Contact

Questions about these terms, takedown reports and requests: [email protected] (DECISION: the real domain and address; the same contact is used in the privacy policy, D-DL-31). Postal address, if required in some countries: DECISION: whether to publish one.

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