Terms of Use / End User License Agreement (EULA)

Effective Date: 9/17/2025

These Terms of Use and End-User License Agreement ("Agreement") are a legal agreement between you ("End-User" or "you") and Code and Caliper LLC ("Developer," "we," or "us") governing your use of the ShotFusion mobile application ("Licensed Application" or "App"). By downloading, installing, or using the App, you agree to be bound by this Agreement.

1. Acknowledgement

You and we acknowledge that this Agreement is between you and Code and Caliper LLC, not Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. Your use of the App must comply with the Apple Media Services Terms and Conditions.

2. Scope of License

We grant you a limited, non-transferable, non-exclusive license to use the App on Apple-branded products you own or control, in accordance with the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

3. Maintenance and Support

We are solely responsible for providing maintenance and support for the App, as required by law or as stated in this Agreement. Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.

4. Warranty Disclaimer

To the maximum extent permitted by law:

  • The App is provided "as is" and "as available", without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • We do not warrant that the App will be error-free, uninterrupted, secure, or that defects will be corrected.
  • You expressly acknowledge and agree that your use of the App is at your sole risk.

If the App fails to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price (if any). Beyond that, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are solely our responsibility, subject to the disclaimers above.

5. Product Claims

We, not Apple, are responsible for addressing any claims from you or third parties relating to the App or your use of it, including but not limited to:

  • Product liability claims
  • Claims that the App fails to comply with legal or regulatory requirements
  • Claims arising under consumer protection, privacy, or similar laws

6. Intellectual Property Rights

In the event of a third-party claim that the App or your possession and use of it infringes intellectual property rights, we (not Apple) are solely responsible for investigating, defending, settling, and discharging such claims.

7. Legal Compliance

By using the App, you represent and warrant that:

  • You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country.
  • You are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Contact Information

Questions, complaints, or claims regarding the App should be directed to:

Code and Caliper LLC
3660 Watseka Ave APT 1
Los Angeles, CA 90034
Email: [email protected]

9. Third-Party Terms of Agreement

You must comply with all applicable third-party terms of agreement when using the App. For example, if you use a VoIP service, you must not violate your wireless data service agreement while using the App.

10. Third-Party Beneficiary

You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.

11. Subscription and Payment Terms

The App may offer auto-renewable subscriptions.

  • Payment will be charged to your Apple ID account at confirmation of purchase.
  • Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the current period ends.
  • Your account will be charged for renewal within 24 hours prior to the end of the current subscription period.
  • You can manage or cancel subscriptions in your Apple ID account settings after purchase.
  • No refunds will be provided for unused portions of a subscription period, except as required by law.

12. Limitation of Liability

To the maximum extent permitted by law:

  • In no event shall Code and Caliper LLC, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the App, even if advised of the possibility of such damages.
  • Our total liability for any claim arising out of or related to this Agreement or your use of the App shall not exceed the amount you paid (if any) for use of the App during the twelve (12) months prior to the event giving rise to liability.
  • Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so the above limitations may not fully apply to you.

13. Governing Law

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

14. Termination

This Agreement is effective until terminated by either you or us.

  • You may terminate this Agreement at any time by deleting the App from your devices.
  • We may terminate this Agreement at any time if you fail to comply with its terms, or if we discontinue the App.
  • Upon termination, you must stop using the App and delete all copies from your devices.
  • Termination will not limit any of our rights or remedies at law or in equity.