Terms of Use

These terms are an agreement between you and Sparky1 LLC, a Washington limited liability company, covering your use of the Morse Buddy application and this website. By installing or using the app you accept them. If you do not accept them, do not use the app.

Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service. You may not copy, sell, sublicense, rent, reverse engineer, decompile or disassemble the app except to the extent that restriction is prohibited by law. We retain all rights not expressly granted.

Acceptable use

You agree not to use Morse Buddy:

• To harass, alarm, disorient or endanger any person.
• To interfere with any driver, cyclist, pilot, vessel or machinery operator.
• To transmit a distress signal, including SOS, when there is no genuine emergency.
• To simulate an emergency vehicle or any official signal.
• In any way that breaks the law where you are.

Falsely signalling distress is a criminal offence in many jurisdictions and diverts rescuers from real emergencies. You are solely responsible for how and where you use the app.

Safety acknowledgement

You confirm you have read the safety notice and understand that the strobe feature produces rapidly flashing light that can trigger seizures in people with photosensitive epilepsy, including bystanders. You are responsible for warning people present before using it.

Not an emergency service

Morse Buddy is a signalling tool. It is not an emergency service, is not connected to one, and cannot summon help. It works only when another person with another iPhone running the app is within line of sight or earshot and is actively watching or listening. Do not rely on it as your only means of getting help. In an emergency, contact your local emergency number.

No warranty

The app is provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that transmission or decoding will be accurate, timely, uninterrupted, or successful under any given conditions. Performance depends on distance, ambient light, ambient noise, hardware, and factors outside our control.

Limitation of liability

To the fullest extent permitted by law, Sparky1 LLC is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of data, injury, or property damage, arising out of or relating to your use of or inability to use the app — including any failure of a signal to be sent, seen, heard or understood. Our total aggregate liability for any claim relating to the app will not exceed the greater of the amount you paid for it or ten United States dollars.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for personal injury caused by negligence, so some of the above may not apply to you. Nothing here limits liability that cannot lawfully be limited.

Availability and changes

The app is in development. Features described anywhere on this site may change, may be delayed, or may never be released. We may modify, suspend or discontinue the app or any feature at any time.

Purchases

The app is not currently offered for sale. If paid features are introduced, they will be sold through Apple, subject to Apple's terms and refund policy, and disclosed in the app before purchase.

Apple

Apple Inc. is not a party to this agreement and has no responsibility for the app. Apple has no obligation to provide maintenance or support for it. Apple is, however, a third-party beneficiary of these terms and may enforce them against you. In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price if any was paid; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.

You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not on any United States Government list of prohibited or restricted parties.

Termination

This licence ends automatically if you breach these terms. You may end it at any time by deleting the app.

Governing law

These terms are governed by the laws of the State of Washington, United States, without regard to its conflict of laws rules. Any dispute will be brought exclusively in the courts of King County, Washington, and you consent to their jurisdiction.

Contact

support [at] sparky1.live
(509) 800-7631

Sparky1 LLC
26828 Maple Valley Black Diamond Rd SE
PMB 165
Maple Valley, WA 98038
United States