Terms of Service

1. Company Information

For legal and contact purposes, the app is operated by:

• Company Name: Cute Explode ApS
• Registered Address: Reventlowsgade 30, ST TV, 1651 Copenhagen V, Denmark
• Company Registration Number (CVR or equivalent): 44397161
• Contact Email: info@pembethepinkcat.com
• Website: https://pembethepinkcat.com/

2. Eligibility and Scope

The app is intended for personal, non-commercial use.

If you are under the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and accepted these Terms on your behalf and has permitted your use of the app.

If local law requires additional parental or guardian consent for minors to use digital services, that consent must be obtained before using the app.

3. License to Use the App

Subject to these Terms, Cute Explode ApS grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access, and use the app and its wallpapers and widgets on a compatible personal device solely for your own personal, non-commercial use.

This license does not transfer any ownership rights in the app or its content.

4. Intellectual Property

All content made available in or through the app, including but not limited to the Pembe the Pink Cat® name, logos, illustrations, wallpapers, widget graphics, user interface elements, software code, text, branding, and related artistic assets, is the exclusive property of Cute Explode ApS and/or its licensors and is protected by applicable intellectual property laws.

All rights not expressly granted under these Terms are reserved.

5. Restrictions on Use

You may not, except as expressly permitted by applicable law:

• Sell, license, sublicense, lease, rent, distribute, republish, or commercially exploit the app or any wallpapers, widgets, graphics, or artistic assets made available through it.
• Use any artwork, wallpapers, widgets, or related assets from the app for commercial purposes, merchandise, advertising, resale, or promotional materials without prior written permission.
• Copy, extract, scrape, download in bulk, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, raw assets, or underlying components of the app, except where such restriction is prohibited by law.
• Modify, adapt, create derivative works from, or publicly re-upload any artistic or app content to other websites, apps, marketplaces, repositories, or distribution platforms without authorization.
• Use the app in any way that infringes the rights of Cute Explode ApS, its licensors, or any third party.

6. App Functionality and Technical Requirements

To use certain features of the app, your device must meet basic technical and compatibility requirements.

Network and Data Usage
The app relies on standard internet infrastructure, such as hosting services and content delivery networks, to transmit wallpapers, widget content, and related app data to your device. Standard data charges and internet access fees from your mobile carrier or internet provider may apply. Cute Explode ApS is not responsible for those charges.

Local Technical Storage
To support wallpapers, widget configurations, daily affirmations, and related features, the app may store basic technical cache data locally on your device.

Device Compatibility
Cute Explode ApS aims to support generally compatible versions of iOS and Android, but does not guarantee that the app will function on every device, operating system version, custom firmware environment, or screen configuration.

The app may not work properly on unsupported, modified, jailbroken, or rooted devices.

7. Prohibited Conduct

You agree to use the app only for lawful purposes and in accordance with these Terms.

You may not:

• Use the app in any manner that could disable, overburden, damage, disrupt, or impair the app, servers, hosting systems, content delivery infrastructure, or security systems.
• Attempt to gain unauthorized access to the app, backend systems, APIs, infrastructure, or related services.
• Interfere with any other user's lawful use and enjoyment of the app.
• Use automated systems, bots, scrapers, or similar methods to access or extract content from the app except where expressly authorized in writing.
• Use the app in violation of any applicable law, regulation, or third-party right.

8. Third-Party Services

The app may rely on third-party infrastructure and technical service providers, including content delivery, hosting, and app security services.

These providers may include, for example:

• Cloudflare
• Microsoft Azure
• Firebase App Check

Cute Explode ApS is not responsible for service interruptions, outages, or changes caused by third-party providers, although reasonable efforts may be made to maintain app availability.

Where third-party terms, policies, or technical requirements apply to a portion of the app's functionality, those third-party terms may also govern the relevant service components.

9. No Commercial Use by Default

Unless Cute Explode ApS provides prior written permission, the app and its content are licensed only for personal, non-commercial use.

If you want to use any artwork, wallpapers, brand elements, or related content for business, publishing, merchandising, advertising, or other commercial purposes, contact Cute Explode ApS first at info@pembethepinkcat.com.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the app is provided on an "as is" and "as available" basis.

Cute Explode ApS does not warrant that:

• The app will always be available, uninterrupted, or error-free.
• The app will always be compatible with all current or future mobile devices, operating systems, launchers, or widget environments.
• Wallpapers, widgets, affirmations, or related content will always display exactly as intended on every device.
• Defects, bugs, or security vulnerabilities will always be identified or corrected immediately.

Nothing in these Terms excludes any warranty or consumer right that cannot be excluded under applicable law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Cute Explode ApS, its directors, officers, employees, contractors, licensors, and partners shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to your use of, or inability to use, the app.

This includes, without limitation, loss of data, device issues, service interruptions, data charges, battery consumption, or performance issues associated with wallpaper, widget, background refresh, or related app functionality.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law, including mandatory consumer protection law.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cute Explode ApS, its directors, officers, employees, contractors, licensors, and partners from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

• Your misuse of the app
• Your violation of these Terms
• Your infringement of any intellectual property or other rights of any person or entity
• Your unlawful or unauthorized use of the app or its content

This section survives termination of these Terms.

13. Suspension, Changes, and Updates

Cute Explode ApS may modify, update, suspend, discontinue, or remove the app, or any part of the app, including categories, wallpapers, widgets, or features, at any time.

Cute Explode ApS may also update these Terms from time to time.

If material changes are made to these Terms, notice may be provided through the app, the website, or another reasonable channel, where appropriate or required by law.

The revised Terms will become effective on the updated effective date or last updated date stated above. Continued use of the app after the revised Terms take effect constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

14. Termination

These Terms remain in effect until terminated by you or Cute Explode ApS.

You may terminate these Terms at any time by stopping use of the app and uninstalling it from your device.

Cute Explode ApS may suspend or terminate access to the app, or discontinue support for older versions, at any time, including where necessary for security, operational, legal, or business reasons.

Sections that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and general legal provisions, will survive termination.

15. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to the app or these Terms shall be governed by and construed in accordance with the laws of Denmark, without regard to conflict of laws principles, except where mandatory consumer protection law in your country of residence applies and cannot be excluded.

16. Dispute Resolution

Before starting formal legal proceedings, users are encouraged to contact Cute Explode ApS at info@pembethepinkcat.com to try to resolve the issue informally.

If you are a consumer in the European Union, you may also be entitled to use consumer complaint or online dispute resolution mechanisms available under applicable law.

If you want to reference a specific EU consumer dispute mechanism, insert it below after verifying that it is still active and appropriate:

EU consumer dispute mechanism: [INSERT VERIFIED DISPUTE RESOLUTION LINK OR PROCESS]

Unless otherwise required by applicable law, the courts of Denmark shall have jurisdiction over disputes arising out of or in connection with these Terms.

17. General Legal Provisions

Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

Waiver
No failure or delay by Cute Explode ApS in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy.

Entire Agreement
These Terms, together with the Privacy Policy and any additional legal notices expressly incorporated by reference, constitute the entire agreement between you and Cute Explode ApS regarding the app.

Assignment
You may not assign or transfer these Terms without prior written consent from Cute Explode ApS. Cute Explode ApS may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, restructuring, or similar transaction.

Force Majeure
Cute Explode ApS shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including internet outages, infrastructure failures, cyberattacks, natural disasters, war, labor disputes, acts of government, or similar events.