Terms & Conditions.

These terms are a legal agreement between you and Testware Informatics America LLC (“Testware Informatics”, “we”, “us”), 5724 Green Street, 2nd Floor, Brownsburg, IN 46112, United States, for using the Merlions mobile app and the merlions.app website (together, “Merlions”). By downloading or using Merlions you agree to these terms. Our Privacy Policy explains how personal data is handled. If you don’t agree, please don’t use Merlions.

If you are a consumer, some parts of these terms may not apply to you where the law of your country gives you stronger protection. Section 12 explains this.

You must be at least 13 years old, or the minimum age for using online services without parental consent where you live if that is higher (for example 16 in some EU countries). If you use Merlions on behalf of an organisation, you confirm you’re allowed to accept these terms for it, and “you” includes that organisation.

We give you a free, personal, worldwide, non-exclusive, non-transferable and revocable licence to install and use Merlions on devices you own or control, for personal or work purposes, in line with these terms and the rules of the app store you got it from.

You may not copy, sell, rent or sublicense the app; reverse engineer it except where the law allows this despite this restriction; remove our notices; interfere with its security; or use our name or logo to suggest we endorse you. Merlions includes open-source components, which are licensed to you under their own licences.

• You own what you put into Merlions. We don’t receive it and claim no rights to it.
• Because it is stored only on your phone, you are responsible for keeping backups. If your phone is lost or reset, we can’t recover your data.
• Merlions lets you keep notes about other people. You are responsible for having a lawful reason to keep that information and for complying with the data protection and anti-spam laws that apply to you.
• You must not use Merlions to send spam, harass anyone, discriminate, or store information you have no right to hold.

Speech and card recognition can make mistakes. Merlions always shows you what it understood before saving, and it’s your job to check it. We aren’t responsible for errors you confirm.

Some features rely on services we don’t control, such as Apple (the App Store, speech recognition and the Keychain), Google (optional Drive backup, Contacts and Calendar) and apps you share to, like WhatsApp or email. Their own terms and privacy policies apply when you use them, and we aren’t responsible for how they work or whether they remain available.

Merlions is free and there are no in-app purchases. We may add, change or remove features, release updates, or stop offering Merlions. If we plan to stop, we’ll give reasonable notice where we can so you can export your data. Changes won’t remove data already on your phone.

The Merlions name, the lion logo, the app and this website belong to Testware Informatics or its licensors and are protected by intellectual property laws. These terms don’t give you any rights to them other than the licence above. If you send us feedback or ideas, we may use them freely, without any obligation to you.

To the extent the law allows, Merlions is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that it will be error-free, uninterrupted, or that data will never be lost.

To the extent the law allows, Testware Informatics isn’t liable for indirect, incidental, special or consequential losses, or for lost data, profits, revenue or business opportunities, arising from your use of Merlions. Because Merlions is free and has no subscription cost, our total liability to you for any claim is limited to the amount you paid us for Merlions, which is nil.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, or any other liability that can’t be limited by law.

If you use Merlions unlawfully or in breach of these terms, for example by storing or sending someone’s data without a right to, and that leads to a claim against us, you agree to cover our reasonable costs of that claim, to the extent the law allows. This doesn’t apply to consumers in countries where such clauses aren’t permitted.

Nothing in these terms affects rights you have as a consumer that can’t be waived or limited by contract under the law of the country where you live. In particular:

• In the European Union and the United Kingdom, you keep your statutory rights for digital content, the protection of the mandatory laws of your country of residence, and the right to bring proceedings in the courts of your country.
• In Australia, our services come with guarantees under the Australian Consumer Law that can’t be excluded, and nothing in these terms limits them.
• In the United States, some states don’t allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so those parts may not apply to you.
• Elsewhere, any limitation in these terms applies only to the extent your local law allows.

• These terms are between you and Testware Informatics, not Apple. Apple isn’t responsible for Merlions or its content.
• Your licence is limited to using Merlions on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for Merlions.
• If Merlions fails to meet an applicable warranty, you may notify Apple and Apple will refund the purchase price (which is zero). To the extent the law allows, Apple has no other warranty obligation.
• Apple isn’t responsible for handling any claims about Merlions, including product liability, legal or regulatory compliance, consumer protection, privacy or intellectual property claims. We are responsible for investigating, defending and settling any claim that Merlions infringes someone’s intellectual property.
• You confirm you aren’t in a country under a US government embargo or designated as a “terrorist supporting” country, and you aren’t on any US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

You can stop using Merlions at any time by deleting the app. We may end your licence if you seriously or repeatedly break these terms, and where reasonable we’ll tell you why. The sections on your data, our name and logo, no warranty, limits on liability, misuse, disputes and general terms continue after that.

If you have a problem, please contact us first at hr@testwareinformatics.com. Most issues can be solved quickly, and we’ll try in good faith to resolve yours within 30 days.

These terms are governed by the laws of the State of Indiana, United States, without regard to its conflict-of-law rules, and disputes go to the state courts of Hendricks County, Indiana, or the United States District Court for the Southern District of Indiana. Either of us may instead bring a claim in a small claims court where it qualifies. If you are a consumer living outside the United States, you also keep the protection of the mandatory laws of your country and may bring proceedings in your local courts. EU consumers can also use their national alternative dispute resolution bodies.

• Entire agreement: these terms and the Privacy Policy are the whole agreement between you and us about Merlions.
• Severability: if a court finds part of these terms unenforceable, the rest stays in effect, and that part is applied as far as the law allows.
• No waiver: if we don’t enforce a term straight away, we can still enforce it later.
• Assignment: you may not transfer these terms. We may transfer them to a successor who takes over Merlions, without reducing your rights.
• Events beyond our control: we aren’t responsible for delays or failures caused by events we can’t reasonably control.
• Export and sanctions: you must comply with the export control and sanctions laws that apply to you.
• Language: these terms are written in English. If we provide a translation, the English version applies where the law allows.

We may update these terms, for example to reflect new features or legal requirements. We’ll change the effective date at the top and, for significant changes, tell you in the app at least 30 days before they take effect, unless a change is needed sooner for legal or security reasons. If you keep using Merlions after a change takes effect, the new terms apply; if you don’t agree, you can stop using Merlions.

• Company: Testware Informatics America LLC
• Address: 5724 Green Street, 2nd Floor, Brownsburg, IN 46112, United States
• Email: hr@testwareinformatics.com
• Phone: +1 317-777-8809
• Website: www.testwareinformatics.com