Terms of Use

1. Agreement

These Terms of Use (the “Terms”) are a legal agreement between you and Federica Benacquista, an individual developer, Via del Lido 106, 04100 Latina (LT), Italy (“we”, “us”), the developer of Count'n Pick (the “App”), including its features and updates.

By downloading, installing or using the App, you agree to these Terms. If you do not agree, do not use the App. Our Privacy Policy explains how information is handled and forms part of these Terms.

If you are a consumer, nothing in these Terms limits the rights you have under the mandatory consumer-protection law of the country where you live. This includes, for consumers in Italy, the Consumer Code (Legislative Decree 206/2005).

2. What the App does, and what it does not

The App keeps score with counters and makes draws from names or numbers: picking one or more entries, splitting people into teams, drawing an order, and drawing numbers in a range. Draws use the cryptographically secure random number generator provided by iOS, on your device.

• The App is a tool. The result of a draw is only as fair as the entries you put in and the way you run it. You decide how results are used.
• The App is not a gambling, betting or lottery service, and it must not be used to run one where this is unlawful.
• Giveaways and prize promotions. If you use the App to choose the winners of a giveaway, contest or prize promotion, you alone are responsible for the promotion and for complying with the laws and platform rules that apply to it. In Italy, for example, prize promotions are governed by Presidential Decree 430/2001 and may require the draw to take place before a notary or a public official. The App does not make a draw legally valid on its own, and a shared result image is not a certificate.

3. Who may use the App

You may use the App if you are at least 14 years old, or the minimum age required in your country to agree to these Terms, if higher. Younger people may use the App with the involvement and permission of a parent, guardian or teacher, who accepts these Terms on their behalf. You must also have a compatible Apple device and comply with Apple's terms of service.

4. Your licence

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App is licensed, not sold.

Except as permitted by law, you may not:

• copy, modify, translate or create derivative works of the App;
• reverse engineer, decompile or disassemble the App, except to the extent permitted by mandatory law (including Article 64-quater of Italian Law 633/1941 and Directive 2009/24/EC);
• rent, lease, lend, sell, redistribute or sublicense the App;
• remove or alter any proprietary notices; or
• use the App to build a competing product, or in any unlawful way.

5. Your content and data

The counters, lists, names and draws you create (your “content”) are yours. They are stored on your device and, if you use iCloud, in your own iCloud account. We do not receive them and cannot restore them. You are responsible for keeping your device secure and backed up. If you delete the App, delete data or lose your device without a backup, your content may be permanently lost.

Lists may contain other people's names, for example students or giveaway entrants. You are responsible for having the right to use those names and for using them, and any results you share, in a way the people concerned would reasonably expect.

6. Count'n Pick Plus

The App is free to download and use, with some limits. Count'n Pick Plus is an optional one-time in-app purchase, not a subscription. It removes promos and limits, and adds features such as unlimited lists and counters, draws of any size with backups, remembering who has been picked, and saved draws. The features included are described in the App at the time of purchase.

• Earlier purchases. If you bought the purchase that removed ads or the one that unlocked content in an earlier version of the App, it still unlocks Count'n Pick Plus.
• Payment. Purchases are made through the Apple App Store and charged to your Apple Account at the price shown in the App, including any applicable taxes. Apple's terms govern payment, billing and refunds.
• Restoring. You can restore your purchase on devices signed in to the same Apple Account using Restore purchase in the App.
• Right of withdrawal. Count'n Pick Plus is digital content supplied immediately and not on a physical medium. By confirming the purchase, you expressly request that supply begin immediately and acknowledge that you therefore lose your 14-day right of withdrawal once supply has begun (Article 59(1)(o) of the Italian Consumer Code and Article 16(m) of Directive 2011/83/EU). This does not affect your statutory rights if the content is defective (see section 11). You can ask Apple for a refund at reportaproblem.apple.com under Apple's policies.
• Changes to features. We will not remove a core paid feature you have bought without good reason, such as a change in law, a security issue or a third-party platform change. Where we have to, we will tell you, and your statutory rights apply.

7. Promos in the free version

The free version shows promos for other apps by the same developer, and may offer a short promo to unlock a larger draw or backups once. Promos are built into the App; they are not third-party advertising and do not track you. Count'n Pick Plus removes them.

8. Acceptable use

You agree not to misuse the App. For example, you will not use it to run unlawful gambling or lotteries, mislead people about how a draw was made, harass anyone, interfere with the App's operation, bypass purchase mechanisms, introduce malicious code, or use it in violation of any applicable law.

9. Intellectual property

The App, including its code, design, text, graphics, icons and the name and logo “Count'n Pick”, is owned by us or our licensors and is protected by intellectual-property laws. The display typeface Bricolage Grotesque is used under the SIL Open Font License. All rights not expressly granted to you are reserved. If you send us feedback or suggestions, we may use them without obligation to you.

10. Updates and availability

We may release updates to fix problems, improve the App, comply with law or respond to changes in iOS. Some updates may be needed to keep using the App. We do not guarantee that the App, or iCloud sync, will always be available, uninterrupted or compatible with every device or iOS version. We may stop offering or supporting the App. If we do, we will try to give reasonable notice, and your statutory rights for any paid content remain unaffected.

11. Warranty and legal guarantee of conformity

If you are a consumer, you benefit from the legal guarantee of conformity for digital content under Articles 135-octies and following of the Italian Consumer Code (implementing Directive (EU) 2019/770), or the equivalent law of your country. Nothing in these Terms excludes or limits that guarantee.

Subject to that, and to the extent permitted by law, the App is provided “as is” and “as available”. We make no further promises, express or implied, that the App will be error-free or will meet every one of your needs, or that a draw made with it satisfies the legal requirements of any particular promotion.

12. Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code), for fraud, or for any other liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection law.

Subject to the paragraph above and to the extent permitted by law:

• we are not liable for how you use the results of a draw or a score, including for any giveaway, contest or promotion you run (see section 2);
• we are not liable for loss of content stored on your device or in your iCloud, where caused by device loss, deletion, reset, iCloud settings or your own actions;
• we are not liable for losses that were not reasonably foreseeable when you started using the App; and
• where you are not a consumer, for example if you use the App for a business promotion, our total liability arising out of these Terms or the App is limited to the amount you paid us for Count'n Pick Plus in the 12 months before the claim.

13. Terms required by Apple

Because you obtain the App from Apple's App Store, the following also applies:

• Parties. These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
• Scope of licence. Your licence is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where Apple's rules allow.
• Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
• Warranty. We are 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, of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility, to the extent required by these Terms and the law.
• Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it. These include (i) product-liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy or similar legislation.
• Intellectual-property claims. If a third party claims that the App or your possession and use of it infringes that third party's intellectual-property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country subject to a US Government embargo, or designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints or claims about the App should be sent to: Federica Benacquista, Via del Lido 106, 04100 Latina (LT), Italy, support@copycut.it.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the App, for example 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 will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

Where these Terms conflict with Apple's Licensed Application End User License Agreement, these Terms prevail to the extent permitted by Apple's rules.

14. Termination

You may stop using the App at any time by deleting it. We may suspend or end your licence if you seriously or repeatedly breach these Terms. When the licence ends, you must stop using the App and delete it. Sections that by their nature should survive (including sections 2, 9, 11, 12, 16 and 17) continue to apply.

15. Changes to these Terms

We may update these Terms for valid reasons, such as changes to the App, to the law or to Apple's requirements. We will change the “Last updated” date. For changes that materially affect you, we will tell you in the App or on this website in advance. If you do not agree to the changes, you can stop using the App and delete it. Continued use after changes take effect means you accept them.

16. Governing law and disputes

These Terms are governed by Italian law. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country where you habitually reside (Article 6 of Regulation (EC) 593/2008, “Rome I”).

If you are a consumer resident in Italy, the court of the place where you live or are domiciled has mandatory jurisdiction (Article 66-bis of the Italian Consumer Code). If you are a consumer resident elsewhere in the EU, you may bring proceedings in the courts of your country of residence. For non-consumers, the courts of Italy have exclusive jurisdiction.

Please contact us first. Most problems can be solved quickly by email. You may also use out-of-court consumer dispute-resolution bodies available in your country.

17. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the App.
• Severability. If any provision is found invalid or unenforceable, the rest remains in effect.
• No waiver. If we do not enforce a right immediately, we do not give it up.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours to another party who takes over the App, provided your rights are not reduced.
• Language. These Terms are available in English and Italian. If the versions conflict, the version most favourable to you as a consumer prevails.

18. Contact