End User License Agreement (EULA)

 

Effective Date: April 17, 2026

 

1. Apple Standard Licensed Application End User License Agreement

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

2. VESPER Supplemental Terms

These Supplemental Terms form a legally binding agreement between you and Quantum Tunneling Ltd (QT LTD) (the developer of VESPER) and apply in addition to the Apple Standard EULA above. In the event of any conflict, these Supplemental Terms control with respect to VESPER-specific matters.

2.1 Google Play Specific Terms

For users on Google Play, this EULA is subject to Google’s Developer Distribution Agreement. In the event of any conflict between this EULA and Google’s Developer Distribution Agreement, Google’s agreement will control. You acknowledge that Google is not a party to this EULA and has no responsibility or liability to you under this EULA (except as required by Google’s own Developer Distribution Agreement).

2.2 License Grant

Subject to compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to use VESPER on your Apple or Android devices solely for personal, non-commercial use to plan, track, and improve your Las Vegas trips.

2.3 Subscription & Free Trial

Vesper offers a 30-day free trial. After the trial period, continued access requires a paid monthly or annual subscription. All subscription billing, payments, refunds, and cancellations are processed exclusively through the Apple App Store or Google Play Billing. VESPER does not store or process payment information directly. Google Play’s refund and cancellation policies apply where relevant.

2.4 Trip Sharing

Trip Sharing A paid subscription allows the ‘Trip Owner’ to create unlimited trips and invite one (1) non-subscribed guest per trip. Guest access is strictly limited to a window starting 30 days prior to the Trip Start Date and ending 7 days after the Trip End Date. Individual trips are limited to a maximum duration of 14 days. After the access window expires, guest access to the shared trip data is revoked unless the guest obtains their own subscription

2.5 Gambling, Spending & Comp Tools Disclaimer

VESPER’s budgeting, comp tracking, receipt capture, Big Wins recorder, and hotel-bill estimator tools are for informational and organizational purposes only. VESPER is not financial, gambling, or tax advice. You assume all risk of loss. We are not liable for any gambling losses, overspending, or disputes with casinos/hotels. VESPER is for entertainment and informational purposes only. We are not affiliated with any casino, hotel, or gaming operator, and no outcomes, winnings, or financial results are guaranteed.

2.6 Community Content

Community deals, tips, and notes are user-generated and provided “as is.” We do not verify or endorse them. Use at your own risk. Users can report objectionable content and block abusive users directly in the app. You accept these terms before posting any content and agree to Google Play’s User-Generated Content moderation rules. You will not post illegal, abusive, or prohibited content. In-app reporting tools are provided. By submitting any content (deals, tips, notes, Big Wins, or photos), you grant Quantum Tunneling Ltd (QT LTD) a worldwide, non-exclusive, royalty-free, perpetual license to use, display, reproduce, and distribute that content within VESPER.

2.7 User Conduct & Termination

You agree not to post illegal, abusive, or infringing content. We may remove content or suspend/terminate access for violations.

2.8 Limitation of Liability (Supplemental)

Our total liability to you shall not exceed the amount you paid for your VESPER subscription in the prior twelve months (or $50 if still on trial).

2.9 Privacy & Permissions

Your use of VESPER is also governed by our Privacy Policy (available in the App). VESPER may request device permissions (camera for receipts/Big Wins, storage, notifications) necessary for core features.

2.10 Contact

Quantum Tunneling Ltd (QT LTD)
1311 Harvest Hills Dr NE, Calgary, AB, Canada, T3K 4W5
info@qtmobapps.com

2.11 Governing Law (Supplemental)

These Supplemental Terms (and any disputes arising from VESPER-specific features) are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You and Quantum Tunneling Ltd (QT LTD) agree to submit to the exclusive jurisdiction of the courts located in Calgary, Alberta.

By using VESPER you agree to both the full Apple Standard EULA above and these VESPER Supplemental Terms (including the Google Play Specific Terms).