DayPos End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you and Dr.-Ing. Stefan Hoppe, located at Merzstr. 7a, 92224 Amberg, Germany, email: hello@dracoexmachina.com, phone: +49 151 50887777 ("Licensor"), for the DayPos application and related documentation (the "App").
1. Acknowledgement
This EULA is concluded between you and Licensor only, and not with Apple. Licensor, and not Apple, is solely responsible for the App and its content, except as otherwise required by applicable law.
2. Scope of License
Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the App on Apple-branded devices that you own or control, and as otherwise permitted by the applicable Apple usage rules.
You may not rent, lease, lend, sell, redistribute, or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the App, except where such restriction is prohibited by applicable law.
3. Maintenance and Support
Licensor is solely responsible for any maintenance and support for the App, to the extent required by this EULA or applicable law. Apple has no obligation to provide any maintenance or support for the App.
4. Warranties
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement.
If a warranty cannot be lawfully disclaimed and the App fails to conform to that warranty, you may notify Apple, and Apple may refund the purchase price paid for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation regarding the App, and any other losses, claims, damages, costs, or expenses relating to any warranty issue will be Licensor's responsibility, except as limited by applicable law.
5. Product Claims
Licensor, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including without limitation: (a) product liability claims; (b) claims that the App does not comply with applicable legal or regulatory requirements; and (c) claims under consumer protection, privacy, or similar laws.
Nothing in this EULA limits Licensor's liability beyond what is permitted by applicable law.
6. Intellectual Property
If a third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, Licensor, and not Apple, will be solely responsible for investigating, defending, settling, and discharging that claim, to the extent required by applicable law.
7. Legal Compliance
You represent and warrant that you are not located in a country subject to a U.S. government embargo, are not designated by the U.S. government as supporting terrorism, and are not listed on any U.S. government list of prohibited or restricted parties.
8. Developer Contact
Dr.-Ing. Stefan Hoppe
Merzstr. 7a
92224 Amberg
Germany
hello@dracoexmachina.com
+49 151 50887777
9. Third-Party Terms
You must comply with any applicable third-party terms when using the App and related services. This includes, where applicable, payment services, printer services, email or messaging services, and other third-party products or websites that may be used together with the App.
10. Apple as Third-Party Beneficiary
Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right to enforce this EULA against you as a third-party beneficiary.
11. DayPos Use and Business Responsibility
DayPos is a general-purpose point-of-sale and recordkeeping tool. It is not tax, legal, or accounting advice, and it is not represented as certified, approved, or compliant for any jurisdiction-specific fiscalization, tax reporting, invoicing, cash register, or mandated point-of-sale system requirements.
The App uses manually configured percentage-based effective tax rates. Each item may have one effective tax rate or no tax. Items without a tax are treated as tax-free. The App does not split tax into jurisdictional components and does not automatically determine tax rates.
Cash rounding, if configured, is applied as a payment-level adjustment for cash payments. It does not change item amounts, taxable bases, or tax amounts. You are responsible for determining whether and how cash rounding may be used in your jurisdiction.
The App is not designed for non-percentage taxes, buyer-specific exemptions, certificate-based tax treatment, automatic jurisdiction lookup, component-level tax calculation inside the App, or other specialized tax workflows.
You are solely responsible for determining whether the App is suitable and lawful for your business, industry, and jurisdiction, and for complying with all applicable laws, regulations, tax rules, invoicing rules, bookkeeping obligations, record-retention requirements, receipt-content rules, and electronic point-of-sale requirements.
This includes, where applicable, obligations relating to certified sales recording systems, fiscal devices, government reporting systems, and audit-retention rules.
12. Payment Services and External Services
The App may interoperate with third-party services, including payment providers such as Square. Such services are provided by third parties, not by Licensor. Licensor does not control and is not responsible for the availability, processing results, uptime, legality, fees, terms, or performance of third-party services.
Any card payment, payment confirmation, settlement, refund handling, chargeback handling, or related processing performed by a third-party payment provider is governed by that provider's own terms and systems.
13. Data Storage, Exports, and Backups
The App is designed for single-device use and primarily stores data locally on the device, subject to any device-level backup or sync services you enable.
You are solely responsible for reviewing, exporting, backing up, retaining, and archiving your business records as required for your business and jurisdiction. Licensor does not guarantee that any export format, report, receipt, or record generated by the App will satisfy legal or tax requirements in your jurisdiction.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Licensor will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, data loss, business interruption, tax assessments, penalties, fines, audit findings, or procurement of substitute services, arising out of or related to the use of, inability to use, or misuse of the App.
To the extent liability cannot be excluded, Licensor's total liability will be limited to the amount you paid for the App, if any, unless applicable law requires otherwise.
15. Termination
This EULA remains effective until terminated by you or Licensor. Your rights under this EULA terminate automatically if you materially fail to comply with it. Upon termination, you must stop using the App and delete all copies in your possession or control.
16. Governing Law
This EULA is governed by the laws of Germany, excluding its conflict of laws rules, except to the extent that mandatory consumer protection laws in your place of residence apply.
17. Severability
If any provision of this EULA is held unenforceable, the remaining provisions will remain in full force and effect.
18. Entire Agreement
This EULA constitutes the entire agreement between you and Licensor regarding the App and supersedes prior understandings relating to the App.