Subject to the terms and conditions of this EULA, Licensor hereby grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on your personal mobile device(s) for your personal, non-commercial use. This license is granted solely for the purpose of accessing and using the TinyGarden service in accordance with our Terms of Service. You may not sublicense, rent, lease, lend, or otherwise transfer the Software or your rights under this EULA to any third party.

You may not, and you agree not to: (a) copy, modify, adapt, alter, translate, or create derivative works of the Software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (c) remove, alter, or obscure any proprietary notices, labels, or marks on the Software; (d) use the Software for any illegal purpose or in any manner inconsistent with this EULA; (e) use the Software to develop competing products or services; (f) use automated systems or bots to access or interact with the Software; or (g) attempt to gain unauthorized access to any portion of the Software or any related systems or networks.

The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This EULA does not grant you any rights to use Licensor's trademarks, service marks, logos, domain names, or other brand features.

Licensor may, from time to time, provide updates, upgrades, patches, or modifications to the Software (collectively, "Updates"). Updates may be automatically downloaded and installed without prior notice to you. By installing the Software, you consent to receive such Updates. Updates may include bug fixes, security patches, new features, or removal of features. Licensor reserves the right to modify or discontinue any aspect of the Software at any time, with or without notice. Continued use of the Software after Updates constitutes acceptance of the modified Software.

The Software may enable access to third-party services, websites, and content. Your use of such third-party services is subject to the terms and conditions of those services. Licensor does not endorse or assume any responsibility for any third-party services, content, or materials. You acknowledge that Licensor is not responsible for the availability, accuracy, or content of such third-party services. Your interactions with third parties are solely between you and the third party.

Your use of the Software is also governed by our Privacy Policy, which is incorporated into this EULA by reference. By using the Software, you consent to the collection and use of information as described in the Privacy Policy. The Software may collect certain information about your device and usage patterns to provide and improve our services. We are committed to protecting your privacy and maintaining the anonymity features of our platform.

THE SOFTWARE 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE. LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LICENSOR FOR THE SOFTWARE, IF ANY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession. Licensor may terminate this EULA at any time for any reason, with or without notice. Sections of this EULA that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

You acknowledge that the Software may be subject to export restrictions. You agree to comply with all applicable international and national laws that apply to the Software, including the Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by applicable government agencies. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which export is prohibited.

This EULA shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to this EULA or the Software shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Accra, Ghana. You agree to waive any right to a jury trial or to participate in class actions.

This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Licensor regarding the Software and supersedes all prior or contemporaneous communications, proposals, and agreements. Licensor reserves the right to modify this EULA at any time. Material changes will be communicated through the Software or via email. Your continued use of the Software after such modifications constitutes acceptance of the modified EULA. If you do not agree to the modifications, you must stop using the Software and uninstall it from your device.