Terms of Use ofApricity
Introduction
These Terms govern your use of Apricity, our reading app for iPhone and iPad, and the Apricity Premium subscription. Together, these are referred to as the “App.”
By downloading or using the App, starting the free trial, or buying Apricity Premium, you agree to these Terms. If you do not agree, do not use the App.
Apricity is provided by:
16697518 Canada Inc. (Tesorin)
Ontario, Canada
Owner contact email: hello@trytesorin.com
These Terms are between you and 16697518 Canada Inc., not Apple. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you, as described under App Store provisions.
What you should know at a glance
- Apricity is a place to read the PDFs and EPUBs you add and to keep notes and notebooks. It doesn’t sell or supply books. You must have the right to use any file you add.
- Your books, notes and notebooks are yours. They’re kept on your device, and in your own private iCloud if you turn on iCloud sync. There are no Apricity accounts.
- Adding books, reading them, highlighting, notes, notebooks and iCloud sync are free for as long as you use the App.
- Every new reader gets 14 days of Premium free. No payment card is asked for, and the trial never turns into a paid subscription by itself.
- Apricity Premium is a yearly subscription bought through the Apple App Store. It renews automatically until you cancel it in your Apple Account settings.
- Deleting the App does not cancel a subscription.
- When Premium ends, nothing you made is deleted. Premium tools lock until you subscribe again.
- Reflow, text recognition, search, shelf suggestions and read-aloud work from the text a file contains and may get things wrong. The Original view always shows a PDF page as it was published.
Terms of use
Unless a specific section says otherwise, the following conditions apply whenever you use the App.
Eligibility
You must be legally able to agree to these Terms where you live, or have a parent or guardian agree to them for you. Purchases by a minor may need a parent’s approval through Apple’s Ask to Buy.
What Apricity provides
Apricity lets you add PDFs and EPUBs to shelves and read them as published (Original) or with your own type (Reflow). You can highlight, write notes, keep a notebook for each book and notebooks of your own in MySpace, search inside books, and see your reading time.
Apricity Premium adds listening (Apple voices and the Kokoro natural voices, the player, the sleep timer and Siri read-aloud), exporting notes and notebooks, the Crafted and Illustrated notebook covers, the focus timer and tally, sounds to read by, furnishing the room, your own fonts, and stickers, stamps and washi tape. The paywall in the App always shows what Premium currently includes.
Features may be added, changed or removed over time. Availability may vary by device, iOS or iPadOS version, language, country or region.
Your books and the right to use them
Apricity does not provide, sell or lend books, and Tesorin never sees the files you add. You are responsible for having the right to use, copy into the App and listen to every file you add, and for following the terms of wherever it came from.
Apricity does not remove copy protection, and you must not use it to get around digital rights management or to share files you have no right to share. Apricity opens only files without copy protection.
Your content
You keep ownership of everything you add or make in Apricity: your files, highlights, notes, notebooks, drawings and photos. Tesorin claims no rights in them. Everything stays on your device, and in your private iCloud if you turn on iCloud sync, as described in the Apricity Privacy Policy.
You are responsible for keeping copies of anything that matters to you. Deleting a book or notebook, or deleting the App, may delete it permanently.
Licence to use the App
Subject to these Terms, Tesorin grants you a limited, personal, revocable, non-exclusive, non-transferable licence to use the App on Apple-branded devices that you own or control, as allowed by the Apple Media Services Terms and Conditions, including through Family Sharing. This licence does not transfer ownership of Apricity, its software, designs, illustrations, sounds or trademarks.
Apricity’s designs
Apricity’s notebook covers, papers, stickers, stamps, washi tape, illustrations, sounds and room are licensed to you for use inside the App, including in notebooks and exports you make for yourself. You may not extract them to sell, redistribute or use them as standalone artwork or sounds.
Open-source software
Parts of Apricity, including the software behind the Kokoro natural voices, are open-source software provided under their own licences, which are listed with their full texts in the App under Settings → Acknowledgements. Those licences govern those components. Nothing in these Terms limits any right an open-source licence gives you.
Acceptable use
You may use the App only for lawful, personal purposes. You must not:
- use the App to infringe copyright or another person’s rights, or to store or share material you have no right to;
- bypass Premium, the trial or any other paid access, or interfere with how purchases and gifts are checked;
- copy, resell, sublicense or commercially exploit the App, or reverse engineer it except where the law or an open-source licence expressly allows it;
- introduce malware or attempt to compromise the App or the services it relies on; or
- harass, threaten or abuse Tesorin’s team or others when contacting us. Criticism, complaints and feature requests are always welcome.
Third-party services
Apricity relies on services provided by others, including Apple (the App Store, iCloud, Siri, text recognition and the system voices), RevenueCat (managing subscriptions and complimentary Premium) and GitHub (hosting the Kokoro voice download). Their own terms, privacy policies and availability apply. Tesorin does not control those services and is not responsible for their outages, changes or decisions.
Free tier, trial and Premium
Free
Adding PDFs and EPUBs, shelves, reading in Original and Reflow, highlights, notes, each book’s notebook, MySpace notebooks, the Classic notebook covers and iCloud sync are free and stay free, whether or not you ever subscribe.
The 14-day free trial
Every new reader gets 14 days of everything in Premium, free. The trial starts the first time you open a version of Apricity that includes Premium and is tied to your Apple Account through iCloud Keychain, so it isn’t restarted by reinstalling the App or using another device. No payment card is asked for, nothing is charged, and the trial does not turn into a paid subscription. When it ends, the App moves to the free tier unless you choose to subscribe.
Apricity Premium
Apricity Premium is an auto-renewable subscription with a one-year period. The price is shown in the App, in your local currency, before you confirm. Payment is charged to your Apple Account when you confirm the purchase.
The subscription renews automatically for another year unless it is cancelled at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the current period ends, at the price then in effect. If the price changes, Apple tells you beforehand and, where the law or Apple’s rules require, asks for your consent.
Managing or cancelling
Manage or cancel your subscription in your device’s Settings → your name → Subscriptions, or in Apricity under Settings → Apricity Premium → Manage Subscription. Cancelling stops the next renewal; Premium stays on until the end of the period you’ve paid for. Deleting the App or turning off iCloud sync does not cancel a subscription.
Refunds
Purchases are processed by Apple, and refunds are handled by Apple under its own rules. You can ask for one from Apricity under Settings → Apricity Premium → Request a Refund, or at reportaproblem.apple.com. Tesorin can’t issue refunds for App Store purchases directly.
Family Sharing
Apricity Premium can be shared with your Family Sharing group where Apple supports it and you have sharing turned on. A family member’s access ends when the subscription ends or when they leave the group.
Restoring purchases
Premium follows your Apple Account. On a new device, or after reinstalling, tap Restore Purchases on the paywall or in Settings.
Complimentary Premium
Tesorin may give Premium free of charge for a set period, for example to people who take part in a promotion. Complimentary Premium is given at Tesorin’s discretion, is tied to the anonymous Apricity ID kept in your iCloud Keychain, and can’t be transferred or exchanged for money. Settings shows the date it runs until. It ends on that date without any charge, and doesn’t start a paid subscription. Promotions may change or end at any time where the law allows; access already given runs to its end date unless these Terms are seriously breached.
When Premium ends
When a trial, subscription or complimentary period ends, nothing you made is deleted. Your books, highlights, notes and notebooks, including notebooks with Premium covers or stickers, stay where they are and stay readable. Premium tools lock until you subscribe again.
Prices, taxes and regions
Prices, taxes, currencies and availability are set through the App Store and may vary by country or region. App Store purchases are also governed by Apple’s terms; where they conflict with these Terms on billing, renewal, cancellation or refunds, Apple’s terms control.
Your library and reading features
Your device
Apricity keeps its own copy of each file you add, and everything you make, on your device. Losing, damaging, erasing or running out of space on your device, or deleting the App, may affect or permanently remove that data. Your device’s backups may include it, under your iCloud or computer backup settings.
iCloud sync
iCloud sync is optional. When it’s on, your highlights, notes, notebooks and reading places sync through your own private iCloud to your other devices signed in to the same Apple Account. PDFs and EPUBs stay on each device; add a book’s file on another device to read it there. Sync uses your iCloud storage and is provided by Apple under Apple’s terms. It needs a network connection and can be delayed. Changes, including deletions, sync to your other devices.
Reflow, text recognition, search and suggestions
Reflow rebuilds a PDF’s text so you can choose the type. Text recognition reads scanned pages on your device. Search, shelf suggestions and reading stats work from that text and from your use of the App. Any of these can be incomplete or wrong, especially with tables, equations, columns, handwriting or uncommon scripts. Check the Original view, or the source itself, before relying on anything that matters.
Read-aloud and voices
Read-aloud uses the voices on your device and, if you download it, the Kokoro natural voice, which runs on your device. Pronunciation, pacing and language support can be imperfect. The Kokoro download is about 98 MB and comes from GitHub.
Siri and Apple features
Siri, Shortcuts and other system features depend on Apple, your settings and your device. Siri requests are handled by Apple.
Changes and ending
Changes, interruptions and discontinuation
Tesorin may update, change, limit or stop offering all or part of the App, including Premium features. If we stop offering Premium while you’re subscribed, you can ask Apple for a refund of the unused part of your subscription, and what you made in the App stays on your device.
Ending these Terms
You can stop using Apricity at any time by deleting the App and cancelling any subscription in your Apple Account settings. Your licence ends automatically if you seriously breach these Terms. Where practical and lawful, we’ll tell you why and give you a chance to put things right first. Ending these Terms doesn’t affect your ownership of your content.
Warranties and liability
No warranties
To the maximum extent permitted by law, the App is provided “as is” and “as available.” Tesorin does not guarantee that it will be uninterrupted, error-free, compatible with every file or device, or suitable for a particular purpose, or that Reflow, text recognition, search, read-aloud, sync, export or import will be accurate or complete.
Limitation of liability
To the maximum extent permitted by law, 16697518 Canada Inc. and its directors, officers, employees, contractors, licensors and service providers will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost data, content, profits or goodwill, arising from or related to the App. Our total liability for any claim related to the App is limited to the amount you paid for Apricity Premium in the 12 months before the claim.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including any non-waivable consumer rights.
Indemnification
To the extent permitted by law, you agree to indemnify 16697518 Canada Inc. against third-party claims, losses and reasonable costs arising from your unlawful use of the App, your material breach of these Terms, or your infringement of another person’s rights, including through files you add.
App Store provisions
These provisions apply because Apricity is distributed through the Apple App Store.
Acknowledgement
These Terms are between you and 16697518 Canada Inc. only, not Apple. Tesorin, not Apple, is solely responsible for the App and its content. These Terms can’t give you more rights to use the App than the Usage Rules in the Apple Media Services Terms and Conditions allow.
Maintenance and support
Tesorin is solely responsible for providing maintenance and support for the App, as described on Apricity Help and Support. Apple has no obligation to provide maintenance or support for the App.
Warranty
Tesorin is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Tesorin’s responsibility, to the extent these Terms don’t disclaim them.
Product claims
Tesorin, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
Intellectual property rights
If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, Tesorin, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
Legal compliance
You confirm that you are not located in a country subject to a United States government embargo or designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.
Third-party terms
You must comply with any applicable third-party terms when using the App, such as your wireless data service agreement.
Third-party beneficiary
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
Common provisions
Privacy
How Apricity handles information is described in the Apricity Privacy Policy.
Changes to these Terms
We may update these Terms as the App, the law or App Store requirements change. Updated Terms will be posted on this page with a new effective date, and where required we’ll give notice in the App before material changes take effect. If you keep using the App after updated Terms take effect, you accept them. If you don’t agree, stop using the App and cancel any subscription in your Apple Account settings.
Governing law and consumer rights
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles, unless the mandatory law of where you live requires otherwise. Any mandatory consumer-protection rights you have where you live remain unaffected.
Severability
If a provision of these Terms is found invalid or unenforceable, it will be limited to the minimum extent necessary, and the rest of these Terms will continue in effect.
No waiver
A failure to enforce a provision of these Terms is not a waiver of that provision or any other right.
Assignment
Tesorin may assign or transfer these Terms as part of a merger, acquisition, corporate reorganization, asset transfer or similar transaction, subject to applicable law. You may not transfer your rights or obligations under these Terms without written permission.
Entire agreement
These Terms, the Apricity Privacy Policy and any purchase terms shown to you in the App form the whole agreement between you and Tesorin about the App.
Contact
Questions about these Terms can be sent to hello@trytesorin.com, or from the App under Settings → Write to Us. For help with the App, see Apricity Help and Support.