End-User License Agreement / Terms of Use

Last updated: April 28, 2025

Please read this End-User License Agreement ("EULA" or "Agreement") carefully. This EULA is a legal agreement between you ("you," "your," or "End-User") and Simkab Electric ("we," "us," or "Developer") concerning your use of the Elevathor AI mobile application (the "App"), made available through Apple's App Store, Google Play Store, and other digital storefronts.

By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the App.

1. Acknowledgement

1.1 This EULA is concluded between you and Simkab Electric only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). You acknowledge that neither Apple nor Google is a party to this EULA and has no obligations with respect to the App or its content.
1.2 This EULA must not conflict with the Apple Media Services Terms and Conditions and Google Play Store's Developer Distribution Agreement, which you acknowledge having had the opportunity to review.

2. Scope of License

2.1 Subject to your compliance with this Agreement, Simkab Electric grants you a limited, non-exclusive, non-transferable license to download, install, and use the App solely on Apple-branded products and Android devices that you own or control, and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions and Google Play Store policies.
2.2 You may share the App via Family Sharing or volume purchasing where applicable, but you may not otherwise rent, lease, lend, sell, redistribute, or sublicense the App.

3. Subscriptions, Payment & Cancellation

3.1 Subscriptions. Certain features of the App are billed on a subscription basis ("Subscription(s)"). Subscriptions are offered on a recurring monthly or yearly basis, depending on the plan you select.
3.2 Payment. All payments for Subscriptions are processed through Apple's App Store, Google's Play Store, or other digital storefronts. By subscribing, you authorize these stores to charge you.
3.3 Automatic Renewal. Subscriptions will automatically renew unless you cancel at least 24 hours before the end of the current period.
3.4 Manage & Cancel. You can manage or cancel your Subscriptions at any time via your App Store or Play Store account settings.
3.5 Refunds. Refunds for Subscriptions are subject to the refund policies of the respective stores (Apple and Google).

4. Maintenance and Support

4.1 You are solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA or required by law.
4.2 You acknowledge that Apple and Google have no obligation to provide maintenance or support for the App.

5. Warranty & Apple/Google Refund Procedures

5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
5.2 ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.
5.3 If the App fails to conform to any applicable warranty, you may notify Apple or Google (depending on where you downloaded the App), and they will refund the purchase price to you. To the extent permitted by law, Apple or Google's responsibility is limited to this refund, and any further claims or remedies are your responsibility.

6. Product Claims & Legal Compliance

6.1 Simkab Electric, not Apple or Google, is responsible for addressing any claims relating to:
• Product liability;
• Failure of the App to conform to legal or regulatory requirements;
• Consumer protection, privacy, or similar legislation (including any use of HealthKit, HomeKit, or other frameworks).
6.2 You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

7. Intellectual Property Rights & Infringement Defense

7.1 The App and all intellectual property rights therein remain the sole and exclusive property of Simkab Electric.
7.2 In the event of any third-party claim that the App or your use thereof infringes that party's intellectual property rights, Simkab Electric (not Apple or Google) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

8. Third-Party Terms of Agreement

8.1 You agree to comply with applicable third-party terms of agreement, such as when the App integrates with third-party services or frameworks (e.g., VoIP features or data plans).

9. Third-Party Beneficiary

9.1 You and Simkab Electric acknowledge and agree that Apple and Google, along with their subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of this Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

10. Changes to This Agreement

10.1 We may modify or replace this EULA at any time at our sole discretion. Changes will be effective immediately upon posting to the App's website or as notified to you through the App.
10.2 Your continued use of the App after any changes indicates your acceptance of the new terms.

11. Developer Name and Address

For any questions, complaints, or claims regarding the App, you may contact Simkab Electric at:

Simkab Electric

Yunus Emre Mah. Adalar Sok. No:12 Sancaktepe/Istanbul

Email: support@elevathor.ai

12. Legal Compliance and Compliance with Store Policies

12.1 You represent and warrant that you will comply with all applicable laws and regulations, including those of Apple and Google, when using the App.