TERMS OF USE

TERMS OF USE SIMPLYMARK Last Updated: May 15, 2026 IMPORTANT NOTICE: BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THIS APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE WITH ANY OF THEM, DO NOT USE THE APPLICATION. 1. ACCEPTANCE OF TERMS By downloading, installing, accessing, or using SimplyMark ("the Application"), you ("the User") agree to be legally bound by these Terms of Use ("the Terms"), including the Privacy Policy available at https://stayarts.com/simplymark/privacy. If you do not agree with any of these terms, do not use the Application. Continued use after any update to the Terms implies your acceptance of them. These Terms constitute the complete agreement between you and the Developer regarding the Application, and supersede any prior verbal or written agreement. 2. SERVICE DESCRIPTION SimplyMark is a watermarking application for iOS that allows Users to add overlaid text and images to their photographs quickly and simply. The Application operates exclusively through local processing on the User's device, using Apple's native technologies. The Application DOES NOT transmit, collect, or store on external servers any images, personal data, or User metadata. All processing occurs entirely on your device. Any technical data collected by Apple Inc. through its platforms (such as App Store or TestFlight) is managed exclusively by Apple according to their own policies, and never reaches the Developer's servers. The Developer reserves the right to modify, suspend, or discontinue any functionality of the Application at any time, with or without prior notice, without generating any liability to the User. 3. SUBSCRIPTION 3.1 Subscription Model and Features FREE MODE: The Application offers a functional free mode that allows Users to: • Access the complete watermark editor. • Export a limited number of watermarked images per day. • Images exported in free mode include an application watermark. The daily export limit is stored in the device's synced Keychain and automatically resets every 24 hours. This limit is designed to persist after Application reinstallation and may sync across the User's devices when iCloud Keychain is enabled. Free mode users will see promotions for other applications published by the same developer. These promotions DO NOT use third-party advertising networks or cross-app behavioral tracking. PRO MODE (SUBSCRIPTION): The subscription offers: • Unlimited exports without daily restriction. • Removal of the application watermark from exported images. • Removal of all promotions. • Export and import of custom text templates. The Developer offers subscription plans whose prices are displayed in the App Store according to the User's region at the time of purchase. The Developer reserves the right to modify subscription plan prices at any time and in accordance with Apple's policies. The price in effect at the time of subscription is applicable until the next renewal. 3.2 Automatic Renewal Subscriptions automatically renew at the end of each period (monthly or annual), unless the User cancels at least 24 hours before the end of the current period. The renewal charge will be made to the User's Apple account within 24 hours prior to the expiration of the active period. 3.3 Cancellation and Expiration Users may cancel their subscription at any time from their App Store account settings. Cancellation will take effect at the end of the current subscription period, with no proportional refund for unused time. Upon expiration or cancellation of the subscription, the User will lose access to premium features (also called PRO), specifically: • The ability to perform unlimited exports (will be limited to the daily export number of free mode). • Removal of the application watermark from exported images. • Removal of promotions. • The ability to export and import custom text templates. Users may continue using the editor and exporting watermarked images within the daily limit of free mode. 3.4 Restore Purchases Users may restore their subscription on any Apple device linked to the same Apple ID used for the original purchase. Restoration is managed through the functionality provided by the Apple App Store and allows Users to regain access to premium features without making a new payment, provided the subscription is active. 3.5 Plan Changes Users may change between subscription plans (for example, from monthly to annual or vice versa) at any time from their App Store account settings. Plan changes, billing adjustments, and applicable credits are managed exclusively by Apple according to their subscription policies. 3.6 Payment Processing All payments and renewals are managed exclusively through the Apple App Store and are subject to Apple's Terms and Conditions. The Developer does not access, store, or process User payment data at any time. Prices may vary by User's country and are subject to applicable local taxes according to Apple's policies. 3.7 Refunds Refunds are subject exclusively to Apple's Refund Policy. The Developer does not process or manage refunds directly. To request a refund, Users must contact Apple through reportaproblem.apple.com. 3.8 Cross-Promotion Free mode users will see promotions for other applications published by the same developer. These promotions: • Are created and managed directly by the Developer. • Are NOT provided by third-party advertising networks. • DO NOT use cross-app behavioral tracking. • DO NOT require App Tracking Transparency (ATT) permission. • May appear in different locations within the Application. The Developer reserves the right to modify, at any time and without prior notice, the form, location, frequency, quantity, and presentation of promotions shown to free mode users. Promotions are automatically hidden for users with an active subscription. Independent Promoted Applications: The promoted applications are independent products, each with their own functionalities, terms of use, and privacy policies. The Developer assumes no responsibility whatsoever for the content, operation, performance, availability, errors, damages, or any other aspect related to the promoted applications. Each promoted application is a separate product and any problem, claim, or inquiry related to such applications should be directed to the support of the corresponding application. By interacting with the promotions and downloading or using any of the promoted applications, the User agrees to be subject to the specific terms of use and privacy policies of each application. The User acknowledges and agrees that it is their responsibility to review and accept the terms and policies of each promoted application before use. The User acknowledges and agrees that viewing promotions is part of the free mode experience and that they can remove them at any time through subscription. 4. LICENSE TO USE 4.1 License Grant The Developer grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Application on your personal Apple devices compatible with iOS, subject to compliance with these Terms, maintenance of an active subscription, and Apple App Store Usage Rules. The license includes personal and professional use of the Application, including its use to provide services to third parties in the course of the User's business. 4.2 Express Restrictions The following are expressly prohibited: • Copying, reproducing, modifying, distributing, selling, assigning, leasing, or sublicensing the Application or any part thereof. • Reverse engineering, decompiling, disassembling, or attempting to obtain the source code of the Application. • Creating derivative works based on the Application. • Circumventing, disabling, or interfering with the Application's licensing, subscription, or security systems. • Using the Application for any illegal purpose. • Using automated tools, bots, or scripts to interact with the Application. • Transferring the license to a third party. 5. USER CONTENT — MANDATORY RIGHTS DECLARATION 5.1 Exclusive and Non-Waivable User Responsibility THE USER IS SOLELY AND EXCLUSIVELY RESPONSIBLE, IN AN ABSOLUTE AND NON-WAIVABLE MANNER, FOR ENSURING THAT ALL ELEMENTS USED IN THE APPLICATION — INCLUDING WITHOUT LIMITATION: PHOTOGRAPHS, IMAGES, TEXTS, FONTS, AND ANY OTHER CONTENT — ARE THEIR PROPERTY OR HAVE EXPRESS AUTHORIZATION, VALID LICENSE, OR SUFFICIENT LEGAL PERMISSION FOR USE. This responsibility applies without exception to: • The base photographs or images on which the watermark is applied. • Images used as watermark elements. • Texts, phrases, or written content added by the User. • Fonts selected by the User. • Any other visual or textual element introduced by the User into the Application. THE DEVELOPER DOES NOT VERIFY, MONITOR, OR HAVE ACCESS TO ANY CONTENT USED BY THE USER IN THE APPLICATION. THE DEVELOPER IS A NEUTRAL TECHNICAL TOOL PROVIDER AND ASSUMES NO RESPONSIBILITY, DIRECT OR INDIRECT, ARISING FROM THE CONTENT THE USER CHOOSES TO PROCESS. 5.2 Ownership of Processed Content The User retains all rights to the content they process with the Application. The Developer does not claim, access, transfer, or use such content at any time. 5.3 Prohibited Content Users may not use the Application to process, create, or distribute content that: • Is illegal, defamatory, threatening, or incites hatred. • Violates privacy or image rights of third parties. • Infringes copyrights, trademarks, or other intellectual property rights of third parties without authorization. • Constitutes child abuse or exploitation material (CSAM). • Is fraudulent, deceptive, or used for harassment or harm to third parties. The Developer reserves the right to suspend access to the Application for uses contrary to this section, without prejudice to corresponding legal actions. 5.4 Total Developer Exemption from Liability for User Content THE DEVELOPER IS TOTALLY AND EXPRESSLY EXEMPT FROM ANY LIABILITY — WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL — ARISING FROM: • Use of third-party intellectual property without authorization by the User. • Infringement of copyrights, trademarks, or any other intellectual property right. • Claims, demands, or legal actions by third parties arising from content processed by the User. • Any damage, loss, or harm caused to third parties by the User's use of the Application. 6. FONTS The fonts included in the Application are open source and do not require an internet connection for use. The Developer does not guarantee the suitability of any font for a specific purpose. The User is solely responsible for verifying that the fonts they select are appropriate for their specific use, including any commercial use, and for complying with the individual license terms of each font. The Developer assumes no responsibility arising from the User's use of fonts included in the Application. 7. LOCAL PROCESSING, PRIVACY, AND DATA 7.1 Exclusive On-Device Processing All images processed through the Application remain entirely on the User's device. The Application does not require an internet connection to operate its core functions nor does it transmit images, thumbnails, metadata, processing results, or any other derived data to external servers. 7.2 No-Tracking Policy — Current Status and Future Changes In its current version, the Application does not collect, track, or transmit any User personal data. SimplyMark does not incorporate behavioral analysis systems, usage tracking, or user identifiers. The Developer reserves the right to incorporate in future versions third-party technical tools — such as error reporting systems or anonymous performance analytics — solely for the purpose of improving the Application's stability and operation. In such case, the Developer will update the Privacy Policy prior to implementation of such changes, and such data will always be anonymous and non-identifiable. Continued use of the Application after the update will constitute acceptance of the new terms. 7.3 Technical Data Through Apple Apple Inc. may collect anonymous technical data (error reports, performance statistics) through its own platforms (App Store Connect Analytics, TestFlight), in accordance with Apple's Privacy Policy. This data is managed exclusively by Apple and never reaches the Developer's servers. It does not include images or personally identifiable User information. 7.4 Storage, Backups, and Data Loss Files and images generated with the Application are stored exclusively locally on the User's device. Text templates created and saved by the User are stored in the device's file system and may be accessible through the iOS Files app. Management, organization, and backup of such template files is the User's exclusive responsibility. The Developer does not perform, manage, or guarantee backups of any User content. Free Export Counter: For free mode users, the daily export counter is stored in the device's synced Keychain. This counter may automatically sync across the User's devices if iCloud Keychain is enabled. The Developer does not guarantee the continuous availability, accuracy, or synchronization of this counter and will not be responsible for its loss, corruption, lack of synchronization, or any related problem due to causes attributable to iCloud, changes to the User's iCloud account, or any other cause beyond their control. The User is solely and exclusively responsible for performing periodic backups of their content through iCloud, iTunes, or other solutions of their preference. The Developer assumes no responsibility for loss, damage, corruption, or inaccessibility of data caused by any reason, including: • Failures or breakdown of the User's device. • Installation of iOS updates, whether voluntary or automatic. • Installation of Application updates. • Uninstallation or reinstallation of the Application. • Factory reset or device restoration. • Incompatibilities with future versions of iOS or other system software. • Problems with iCloud Keychain or the User's iCloud account. • Force majeure events or any other factor beyond the Developer's control. THE USER ACKNOWLEDGES AND EXPRESSLY AGREES THAT USE OF THE APPLICATION AND STORAGE OF THEIR FILES IS AT THEIR OWN RISK, AND THAT THE DEVELOPER WILL NOT BE RESPONSIBLE IN ANY CASE FOR DATA OR FILE LOSS, REGARDLESS OF ITS CAUSE. 7.5 Device Permissions The Application will request access to the User's photo library exclusively to import images and save processed results. Additionally, the Application may request access to the file system ("Files" app) to allow Users to export and import text templates in .smtpl format (SimplyMark Template). Exported templates contain only text configurations and design parameters, without including images or personal data. This access operates according to the iOS permissions system and can be revoked at any time from device Settings. Revocation of permissions may limit or prevent use of essential Application features. 8. PROCESSING AND IMAGE QUALITY The Application may apply technical adjustments to processed images — including resizing — in order to optimize performance on the User's device. These adjustments are inherent to the Application's operation and are part of the technical process of watermark generation. THE DEVELOPER DOES NOT GUARANTEE THAT EXPORTED IMAGES WILL MAINTAIN THE SAME DIMENSIONS, RESOLUTION, OR TECHNICAL CHARACTERISTICS AS THE ORIGINAL IMAGES. THE USER EXPRESSLY AGREES THAT SUCH TECHNICAL ADJUSTMENTS DO NOT CONSTITUTE A DEFECT IN THE APPLICATION NOR GIVE RISE TO ANY TYPE OF CLAIM OR COMPENSATION. Additionally, the Application implements technical limits on simultaneous image processing for the purpose of preserving device performance, avoiding memory failures, and preventing unexpected Application closures. These limits are necessary to ensure a stable experience and may vary depending on device model and iOS version. The Developer reserves the right to adjust these limits in future updates without prior notice. 9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 9.1 No Warranties THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS AVAILABILITY. 9.2 Specific Liability Exclusions The Developer does not warrant or assume responsibility for: • That the Application will function uninterrupted, error-free, or defect-free. • That results obtained will be accurate, satisfactory, or suitable for the User's intended use. • That the Application will be compatible with future versions of iOS or other operating systems. • Data loss, device damage, or any consequence arising from use of the Application. • Failures, delays, or interruptions caused by factors beyond the Developer's control. • Visual quality, resolution, or final appearance of exported images. • Any direct, indirect, incidental, special, consequential, or punitive damages arising from use or inability to use the Application. 9.3 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER, ITS COLLABORATORS, LICENSORS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, REPUTATION, OR GOODWILL, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. The Developer's total and cumulative liability to the User for any claim related to the Application or these Terms shall be limited to the lesser of the following amounts: • (a) The total amount actually paid by the User to the Developer for subscription during the twelve (12) months prior to the event giving rise to the claim; or • (b) The sum of USD $10.00 (ten United States dollars). 10. FORCE MAJEURE The Developer shall not be liable for any delay, interruption, failure, or non-compliance when caused by events beyond their reasonable control, including: • Natural disasters, earthquakes, floods, epidemics, or pandemics. • Acts of war, terrorism, civil unrest, or acts of government. • Interruptions, failures, or changes in Apple Inc.'s services, policies, or platforms, including App Store, iCloud, or iOS updates. • Widespread failures of internet or telecommunications infrastructure. • Cyberattacks, malware, or unauthorized access to third-party systems. • Changes in legislation, government regulations, or judicial resolutions. The occurrence of a Force Majeure Event shall not entitle the User to refund, compensation, or indemnification of any kind. 11. WAIVER OF CLASS ACTIONS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY WAIVES THEIR RIGHT TO INITIATE, PARTICIPATE IN, OR JOIN ANY CLASS ACTION, CONSOLIDATED LAWSUIT, OR REPRESENTATIVE PROCEEDING AGAINST THE DEVELOPER, WHETHER IN JUDICIAL OR ARBITRAL PROCEEDINGS. Any claim must be brought by the User individually and exclusively. If this waiver is declared inapplicable with respect to a specific claim, such claim must be processed individually, without affecting the validity of this waiver with respect to others. 12. TIME LIMITATION FOR FILING CLAIMS WITHOUT PREJUDICE TO STATUTE OF LIMITATIONS PERIODS ESTABLISHED BY BOLIVIAN LAW, AND TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW, THE USER AGREES THAT ANY CLAIM, LEGAL ACTION, OR LAWSUIT ARISING FROM USE OF THE APPLICATION OR THESE TERMS MUST BE FILED WITHIN SIX (6) MONTHS FOLLOWING THE DATE ON WHICH THE USER BECAME AWARE, OR REASONABLY SHOULD HAVE BECOME AWARE, OF THE FACTS GIVING RISE TO THE CLAIM. After such period, the claim shall be time-barred and the User irrevocably waives any right to file it subsequently, to the extent permitted by law. This limitation applies to any type of claim, whether contractual, non-contractual, or of any other nature. 13. INDEMNIFICATION The User agrees to defend, indemnify, and hold harmless the Developer, its collaborators, employees, agents, and licensors, from and against any claim, damage, loss, liability, cost, and expense (including reasonable attorneys' fees) arising from or related to: • The User's use of the Application. • The User's violation of these Terms. • Any content the User processes or distributes through the Application in infringement of third-party intellectual property rights, including unauthorized use of images, trademarks, or any other protected element incorporated in their watermarks. • Any violation of applicable laws committed by the User. This indemnification obligation shall survive termination of these Terms and cessation of the User's use of the Application. 14. INTELLECTUAL PROPERTY OF THE APPLICATION The Application, including its source code, visual design, logos, trade name "SimplyMark," user interfaces, and documentation, is the exclusive property of the Developer and is protected by the intellectual property laws of Bolivia and applicable international treaties. These Terms do not transfer or assign to the User any intellectual property rights over the Application. The User may not use the Developer's trademarks, names, or logos without their prior written consent. 15. AVAILABILITY AND APPLICATION MODIFICATIONS The Developer may, at any time and at their sole discretion, release updates that modify, expand, or remove features, or discontinue the Application temporarily or permanently, with or without prior notice. The Developer shall not be liable to the User or third parties for any modification, suspension, or interruption of the Application's availability. 16. TERMINATION Users may terminate this agreement at any time by canceling their active subscription and uninstalling the Application from their device. Subscription cancellation does not entitle to proportional refund for unused period. The Developer may suspend or cancel the license to use immediately, with or without prior notice, if the User violates these Terms or uses the Application fraudulently or illegally. Upon termination, provisions regarding intellectual property, limitation of liability, indemnification, waiver of class actions, time limitation for claims, and applicable law shall remain in effect. 17. TECHNICAL REQUIREMENTS The Application's performance depends on the User's device hardware capabilities. Older devices may experience slower processing or limitations in certain features. The Developer does not guarantee compatibility with all iPhone models or future versions of iOS. 18. APPLE COMPLIANCE (EULA) 18.1 Support and Maintenance The Developer is solely and exclusively responsible for providing technical support and maintenance for the Application. Apple Inc. has no obligation whatsoever to provide maintenance services, technical support, or updates related to the Application. 18.2 Legal Compliance — Export By using the Application, the User declares and warrants that: (a) they are not located in a country subject to embargo by the United States of America government or designated as a "terrorist-supporting state"; and (b) they are not listed on any prohibited or restricted parties list of the United States of America government. 18.3 Apple as Third-Party Beneficiary The User acknowledges and expressly agrees that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms of Use and have the right to enforce them directly against the User. Apple Inc. is not a party to these Terms nor assumes any responsibility whatsoever for the Application. 19. JURISDICTION AND APPLICABLE LAW These Terms are governed by and construed in accordance with the laws of the Plurinational State of Bolivia, without regard to its conflict of laws provisions. Any dispute shall be submitted, first, to a good faith direct negotiation process between the parties for a minimum period of thirty (30) days. If no agreement is reached, the dispute shall be resolved by the competent courts of the city of Cochabamba, Bolivia, to whose jurisdiction the parties expressly submit. 20. MODIFICATIONS TO THE TERMS The Developer reserves the right to modify these Terms at any time. Modifications will be notified through an Application update in the App Store and/or publication on the official website. Continued use of the Application after the effective date of the modified Terms constitutes acceptance of such changes. If you do not agree with the changes, you must stop using the Application before the effective date of the modifications. 21. SEVERABILITY AND WAIVER If any provision of these Terms is declared invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. The Developer's failure to exercise any right or provision of these Terms shall not constitute a waiver of such right, except by written acknowledgment and agreement by the Developer. 22. CONTACT AND SUPPORT For questions, claims, or technical support related to the Application: • Official website: https://stayarts.com/simplymark/ • Technical support: https://stayarts.com/simplymark/support • Privacy Policy: https://stayarts.com/simplymark/privacy The Developer will make best efforts to respond within a reasonable timeframe, without guaranteeing specific response times or resolution of all reported problems. 23. OFFICIAL LANGUAGE These Terms were originally written in Spanish, which constitutes the official and authentic version. Any translation is provided solely for User convenience. In case of conflict between the Spanish version and any translation, the Spanish version shall prevail in all cases and shall be the only one with binding legal value. The User acknowledges having had access to the Spanish version and agrees that such version governs their relationship with the Developer. FINAL ACKNOWLEDGMENT: BY USING SIMPLYMARK, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY.