Omni Pocket - Terms & Conditions
These Terms and Conditions ("Terms") apply to the Omni Pocket application for mobile devices, together with any related services (collectively, the "Application"), operated by Salvatore Boemia (the "Service Provider"). By downloading or using the Application, you agree to these Terms. Please read them carefully before using the Application.
License to use the Application
Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on a device you own or control, for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, reverse engineer, decompile or disassemble the Application, except to the extent expressly permitted by applicable law.
Intellectual property
The Service Provider retains all intellectual property rights in the Application's code, design and original assets. Nothing in these Terms grants you any right to use the Service Provider's marks or branding. You agree not to remove, alter or obscure any proprietary notices in or on the Application.
Acceptable use
You agree to use the Application only for lawful, personal purposes. You must not misuse the Application, attempt to extract its source code, create derivative versions, or use it to store or transmit unlawful content. The Application is designed to help you manage your own cards and passes; you are responsible for ensuring you have the right to use any card or pass data you add.
Freemium model and in-app purchases
The Application is free to download and provides core card-management features at no charge. The following optional in-app purchases are available through the App Store:
- Apple Wallet Unlock - a one-time, non-consumable in-app purchase that enables export of cards and passes directly to Apple Wallet. Because it is non-consumable, it can be restored on any device signed in to the same Apple ID via the "Restore Purchases" function.
- Support tips ("Offer a coffee") - optional voluntary tips that allow you to support the developer. Tips are consumable in-app purchases and therefore are not restorable. They do not unlock any features; each tip may be purchased as many times as you wish.
All purchases are processed by Apple through the App Store and are subject to Apple's terms and refund policies. Prices are shown before purchase. The Service Provider does not receive or store your payment details. Refund requests for in-app purchases are handled by Apple.
Apple Wallet passes
The Application may generate and export passes to Apple Wallet via Apple's PassKit framework. Exported passes are subject to Apple's terms and conditions for Wallet content. The Service Provider is not responsible for the rendering, distribution or functionality of passes once they have been added to Apple Wallet. You are responsible for the accuracy of any card data you input.
Eligibility
By using the Application you represent that you are legally permitted to do so in your jurisdiction. You must be at least 16 years of age to use the Application; if you are younger, a parent or legal guardian must review and accept these Terms on your behalf and is responsible for any purchases.
Availability, updates and connectivity
The Application is provided on an "as available" basis and may be modified, updated or discontinued at any time. Some functions may require an active internet connection; the Service Provider is not responsible if the Application does not function fully due to lack of connectivity, and any carrier data or roaming charges are your responsibility.
Disclaimer of warranties
To the fullest extent permitted by law, the Application is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability and fitness for a particular purpose. The Service Provider does not warrant that the Application will be uninterrupted or error-free.
Limitation of liability
To the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits or data loss. The Service Provider retains full liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and for any liability that cannot be excluded under applicable law. The Service Provider's aggregate liability for any claim shall not exceed the amount you paid (if any) for the Application in the 12 months preceding the claim, or the minimum amount required under applicable law, whichever is greater.
Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Service Provider from and against any claims, liabilities, damages, losses and reasonable expenses arising out of your breach of these Terms or your unlawful misuse of the Application. This does not apply to claims arising from the Service Provider's own negligence, breach of these Terms, or violation of applicable law.
Termination
These Terms remain in effect until terminated. The Service Provider may suspend or terminate your access if you materially breach these Terms; where the breach is capable of cure, you will generally have 14 days from notice to remedy it, except where immediate termination is justified by unlawful conduct. Upon termination, your license ends and you must delete all copies of the Application.
Governing law and jurisdiction
These Terms are governed by the laws of Italy, excluding conflict-of-law rules, except where mandatory consumer-protection laws of your country of residence provide otherwise. Disputes will be brought before the courts having jurisdiction under applicable law; nothing limits any right to bring a claim before a court competent under mandatory law.
Digital Services Act
The Application does not host, transmit or store third-party or user-generated content accessible to other users and therefore does not currently qualify as an intermediary service under Regulation (EU) 2022/2065 (the "DSA"). Should this change, applicable DSA obligations would be addressed in an updated version of these Terms.
Severability
If any provision of these Terms is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will remain in full force and effect.
Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider concerning the Application, superseding any prior agreements.
Changes to these Terms
The Service Provider may update these Terms from time to time. Updated Terms are posted on this page with a revised effective date. Continued use after changes take effect constitutes acceptance of the updated Terms.
Contact
Questions about these Terms can be directed to the Service Provider at salvatoreboemia.dev@gmail.com.