1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you") and Andrey Tyurin ("we," "us," "our") governing your use of the Sun Pathway mobile application (the "App") and all related features, content, and services.
Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. By tapping "Get," downloading, installing, or using the App, you confirm that you have read, understood, and agree to these Terms.
2. Eligibility — Age Requirement
You must be at least 13 years of age to use Sun Pathway. By using the App, you represent and warrant that you are 13 or older.
If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you are a parent or guardian and you believe your child under 13 has used the App, please contact us at amtyurin@gmail.com.
3. License to Use the App
Subject to your compliance with these Terms, Andrey Tyurin grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal iOS device.
| Tier | Permitted Uses |
|---|---|
| Free (Base) | Personal, non-commercial use only. You may use the App to assess sunlight in your home, apartment, or garden for personal benefit. |
| Pro (one-time purchase) | Personal use plus limited commercial use — e.g., a real estate agent advising a single client, a sole-proprietor gardener, or a freelance photographer. Not for resale or incorporation into paid software products. |
| Agent (subscription) | Full commercial use — real estate agencies, architectural firms, solar installers, and similar commercial entities. Includes use in client-facing reports and professional deliverables. |
All tiers prohibit the following:
- Copying, modifying, distributing, selling, or sublicensing any part of the App
- Reverse engineering, decompiling, or disassembling the App
- Using the App to build a competing product or service
- Removing or altering any copyright, trademark, or proprietary notices
4. Intellectual Property
Sun Pathway and all of its contents — including but not limited to the App's source code, design, user interface, graphics, icons, AR overlays, algorithms, trade names, and trademarks — are the exclusive property of Andrey Tyurin and are protected by United States and international intellectual property laws.
Nothing in these Terms transfers any ownership interest in Andrey Tyurin's intellectual property to you. Your license to use the App does not include any right to use Andrey Tyurin's trademarks, logos, or branding without prior written permission.
Snapshots you capture using the App's camera feature are your own content and belong to you.
5. In-App Purchases and Subscriptions
Sun Pathway offers optional paid features available through Apple's App Store:
- Sun Pathway Pro — one-time non-consumable purchase ($5.99)
- Sun Pathway Agent — auto-renewable monthly subscription ($9.99/month)
All In-App Purchases are governed by Apple's Terms of Sale and the App Store Terms of Service. Andrey Tyurin does not process payment information directly.
Refund policy: Andrey Tyurin does not provide refunds for In-App Purchases. If you believe you are entitled to a refund, please contact Apple Support at reportaproblem.apple.com.
Subscriptions: The Agent subscription renews automatically unless cancelled at least 24 hours before the end of the current billing period. You may manage and cancel subscriptions in your Apple ID Account Settings.
Andrey Tyurin reserves the right to change the pricing or content of paid features at any time, with notice provided in the App or App Store listing where required by law.
6. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Andrey Tyurin DOES NOT WARRANT THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS; (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE APP WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE APP WILL BE CORRECTED.
Solar Position Accuracy Notice
Solar position calculations are estimates based on standard NOAA astronomical algorithms using your device's GPS coordinates, date, and time. These calculations represent the theoretical, unobstructed position of the sun.
Actual sunlight conditions at your specific location may differ substantially due to:
- Buildings, walls, fences, and other structures
- Trees, vegetation, hills, and terrain
- Cloud cover, smog, and weather events
- Window glass, blinds, or interior features
- Device compass calibration accuracy
Users should not rely solely on Sun Pathway for decisions involving safety, real property purchase, architectural design, solar energy installation, agricultural planning, or any other matter where actual sunlight conditions are critical. Always conduct independent verification before making significant decisions.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Andrey Tyurin, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- — Damages arising from inaccurate sun position or sun arc data
- — Damages arising from incorrect sunlight hours or seasonal estimates
- — Damages arising from decisions made in reliance on App data (including property purchase, lease, renovation, or agricultural decisions)
- — Damages arising from loss of profits, revenue, data, goodwill, or other intangible losses
- — Damages arising from any interruption or cessation of the App
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Andrey Tyurin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, Andrey Tyurin'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ANY CASE, Andrey Tyurin'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO Andrey Tyurin FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless Andrey Tyurin and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your use of or inability to use the App
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Any decisions you make in reliance on the App's sun position data
- Any content you create, share, or publish using the App's snapshot feature
Andrey Tyurin reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with Andrey Tyurin's defense of such claims.
9. Acceptable Use
You agree to use Sun Pathway only for lawful purposes and in accordance with these Terms. You must not use the App:
- In any way that violates applicable local, state, national, or international law or regulation
- To collect or harvest any personal information about other people without their knowledge or consent
- To photograph private individuals without their consent
- In any manner that could disable, overburden, damage, or impair the App
- To attempt to gain unauthorized access to any systems or networks
10. Third-Party Terms
Sun Pathway is available on iOS devices through Apple's App Store. Your use of the App is also subject to Apple's App Store Terms of Service. Apple is not responsible for the App and has no obligation to provide any maintenance or support for it.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right to enforce these Terms against you as a third-party beneficiary.
11. Termination
Andrey Tyurin reserves the right to terminate or suspend your license to use the App at any time, with or without cause, and with or without notice, if you breach any provision of these Terms.
Upon termination, all licenses granted to you under these Terms will immediately cease. Sections 4 (Intellectual Property), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), and 13 (Governing Law) shall survive termination.
You may terminate your use of the App at any time by deleting it from your device.
12. App Updates and Changes
Andrey Tyurin may release updates to the App from time to time. Updates may modify or remove features. You are not required to install updates, but continued use of the App constitutes acceptance of the updated version.
Andrey Tyurin reserves the right to modify, suspend, or discontinue the App (or any part of it) at any time without liability to you.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [________________], without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved informally by contacting Andrey Tyurin at amtyurin@gmail.com. If the dispute cannot be resolved informally within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
14. Changes to These Terms
Andrey Tyurin reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and may provide notice through the App or App Store release notes.
Your continued use of the App after revised Terms are posted constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the App.
15. Entire Agreement and Severability
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Andrey Tyurin with respect to the App and supersede all prior agreements and understandings.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Andrey Tyurin's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16. Contact Information
If you have questions about these Terms, please contact:
- Developer: Andrey Tyurin
- Email: amtyurin@gmail.com