Terms of Use

These Terms of Use form a binding agreement between you and BLACK LAYERS CORP.(“Black Layers”, “we”, “us”), a corporation registered in Alberta, Canada. By downloading, installing or using any of our applications, you accept these terms. If you do not accept them, do not use the app.

These terms apply in addition to Apple’s Licensed Application End User Licence Agreement. Where the two conflict on a matter Apple governs, Apple’s terms prevail.

We grant you a personal, limited, non-exclusive, non-transferable and revocable licence to use the app on any Apple device that you own or control, as permitted by the App Store Usage Rules. This is a licence, not a sale. We retain all rights not expressly granted.

• The app, its source code, design, trade marks and content remain our property
• The licence ends automatically if you breach these terms
• You may stop using the app at any time by deleting it from your device

You agree not to:

• Reverse engineer, decompile, disassemble or attempt to derive the source code, except where that right cannot be excluded by law
• Copy, sell, rent, sublicense, lease or otherwise distribute the app
• Remove or alter any copyright, trade mark or other proprietary notice
• Use the app to break any law, or to infringe the rights of anyone else
• Interfere with, disrupt or attempt to gain unauthorised access to the app, our systems, or any network or device the app connects to
• Use automated systems to access the app in a way that places unreasonable load on our infrastructure

Our apps are free to download. Some offer a one-time, non-consumable in-app purchase — for example, removing advertising — and some offer subscriptions (next section). Where a one-time purchase is offered:

• The purchase is one-time. It is not a subscription and does not renew or recur
• It is tied to your Apple ID, and can be restored on your devices using the Restore Purchases option in the app
• Prices are set and displayed by Apple in your local currency, and may vary by region
• The purchase unlocks the stated feature only, and confers no other right

Some apps — including Bible Chats, Dreamscape, Virtual Try Room AI and Hushnote — offer auto-renewable subscriptions sold through the App Store. Where that is the case:

• The price and period (monthly or yearly) are shown in the app in your local currency before you subscribe, and may vary by region
• Free trials. Where a trial is offered, the subscription starts and your Apple ID is charged when the trial ends unless you cancel at least 24 hours before
• Automatic renewal. A subscription renews at the end of each period at the then-current price unless you cancel at least 24 hours before the period ends; Apple charges your Apple ID within 24 hours before renewal
• Cancelling. Manage or cancel in iPhone Settings › your name › Subscriptions. Deleting the app does not cancel a subscription. Cancelling stops the next renewal; access continues to the end of the paid period
• Restoring. A subscription is tied to your Apple ID and can be restored on your other devices with Restore Purchases
• Price changes apply to future periods only; Apple notifies you and, where its rules require, asks for your consent first

Hushnote has its own, more specific terms at blacklayers.ca/hushnote/terms; where they differ, those apply to Hushnote.

Some apps display advertising supplied by Google AdMob. Ads are served by Google and are not selected or endorsed by us. We are not responsible for the content of any advertisement or for anything you obtain from an advertiser.

• You can decline app tracking when prompted, and change it later in iOS Settings › Privacy & Security › Tracking
• Declining tracking does not remove ads — it makes them less relevant
• Where offered, a one-time in-app purchase removes advertising entirely

What is collected for advertising is set out in our Privacy Policy.

• We may add, change, suspend or discontinue any feature at any time
• We may update these terms; the “Updated” date above will change and continued use means you accept the revision
• Third-party services and devices the app relies on may change or stop working, which can affect functionality outside our control

The app is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory. To the fullest extent permitted by law we disclaim all warranties, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the app will be uninterrupted, error-free, compatible with every device, or that any defect will be corrected.

To the fullest extent permitted by law, Black Layers is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible loss, arising out of or relating to your use of, or inability to use, the app.

Our total aggregate liability for all claims relating to the app will not exceed the greater of the amount you actually paid us for the app in the twelve months before the claim, or CAD $50.

• This agreement is between you and Black Layers only, not with Apple. Apple is not responsible for the app or its content
• Apple has no obligation to provide any maintenance or support for the app
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. Apple has no other warranty obligation
• Apple is not responsible for addressing any claim relating to the app, including product liability, regulatory compliance, or consumer protection claims
• Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you

These terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, without regard to conflict of laws rules. You agree to the exclusive jurisdiction of the courts of Alberta, Canada, except where applicable law gives you the right to bring a claim in the courts of your own place of residence.

If any provision of these terms is held unenforceable, the rest remains in full effect.