Legal
Misura End-User License Agreement (EULA)
Canonical version: Spanish. In the event of any discrepancy between the Spanish version (eula.es.md) and any translation (including this English version), the Spanish version prevails, unless the mandatory law of the user's jurisdiction provides otherwise. This English translation is provided for convenience only.
- Owner / Licensor: Rafael Antonio Berrios Cuneo ("Rafael Antonio Berrios Cuneo", "we", "us", "our", or the "Licensor").
- Address: Tacna, Perú.
- Contact email: rafoantoni@gmail.com.
- Website: misura-app.com.
- Effective date: August 7, 2026.
1. Purpose, acceptance, and scope
1.1. This End-User License Agreement (the "EULA" or "Agreement") is a legally binding agreement between you, the natural or legal person who downloads, installs, accesses, or uses the Application (the "User" or "you"), and Rafael Antonio Berrios Cuneo, governing the license to use the Misura client software for mobile devices (iOS and Android) and its associated client components (collectively, the "Application").
1.2. The "Application" comprises the Misura executable software, its interfaces, libraries, on-device models (including computer-vision models that run locally), bundled databases, resources, preloaded content, updates, patches, fixes, add-ons, and documentation that Rafael Antonio Berrios Cuneo makes available to you, in any form or medium. The companion website available at misura-app.com (the "Website") and the backend, sync, and cloud services (the "Services") are governed primarily by the Terms of Service (the "ToS"); this EULA specifically governs the software license.
1.3. Acceptance. By downloading, installing, copying, accessing, or using the Application, or by checking an acceptance box where available, you represent that you have read, understood, and agree to be bound by this EULA. If you do not agree, do not download, install, or use the Application, and delete it from your devices.
1.4. Legal capacity and age. You represent that you have the legal age and capacity required in your jurisdiction to enter into this Agreement, or that you have the verifiable consent of your legal guardian. The minimum-age requirements and conditions applicable to minors are detailed in the ToS and the Privacy Policy; those conditions are incorporated by reference into this EULA.
1.5. Relationship to other documents. This EULA is supplemented by: (a) the Terms of Service; and (b) the Privacy Policy. In the event of a conflict between this EULA and the ToS regarding the software license, this EULA prevails; in all matters relating to the processing of personal data, the Privacy Policy prevails. The three documents, taken together, constitute the entire agreement between you and Rafael Antonio Berrios Cuneo with respect to the Application and the Services (see Section 24).
1.6. Worldwide scope. The Application is offered worldwide. Use of the Application may not be permitted in certain jurisdictions; you are solely responsible for complying with the local laws applicable to you (see also Section 20 on export compliance).
2. Definitions
For the purposes of this EULA:
2.1. "User Content" means any content you create, upload, submit, generate, or make available through the Application, including, without limitation: user-created foods, "request a food" submissions, custom recipes, saved routines and plans, notes, and shared activity image-cards.
2.2. "Health and Activity Data" means data of a physiological, wellness, athletic, or nutritional nature that you enter or that the Application collects with your involvement, including, without limitation: body weight, workouts, GPS runs, dietary intake, training volume, and muscle-group data.
2.3. "Third-Party Integrations" means third-party services or platforms that you may choose to connect to the Application, including, without limitation, intervals.icu (and, through it, data originating from Strava and Garmin), Hevy, Apple Health, and Android Health Connect.
2.4. "App Stores" means the Apple App Store, operated by Apple Inc. ("Apple"), and Google Play, operated by Google LLC ("Google"), as applicable to the source of your download.
2.5. "Licensed Application" has the meaning given to it under Apple's rules for applications distributed through the App Store, and is used in Section 17.
2.6. "Feedback" means any suggestions, ideas, enhancements, recommendations, bug reports, or other information you provide in connection with the Application or the Services.
2.7. Terms defined in the singular include the plural and vice versa. Headings are included for convenience only and do not affect interpretation.
3. License grant
3.1. Limited license. Subject to your continued compliance with this EULA, the ToS, and the rules of the applicable App Store, Rafael Antonio Berrios Cuneo grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, and restricted license to install and use one (1) copy of the Application on devices that you own or control, solely for your personal, non-commercial use, and exclusively in accordance with the documentation and intended functionality.
3.2. Scope by App Store. Where the Application is obtained through the Apple App Store, the license is further limited to use on Apple-branded devices that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, including any applicable Family Sharing or volume-purchase rules. Where the Application is obtained through Google Play, the license is additionally governed by the Google Play Developer Distribution Agreement and the Google Play Terms of Service, to the extent applicable to the end user.
3.3. Reservation of rights. All rights not expressly granted to you in this EULA are reserved to Rafael Antonio Berrios Cuneo and its licensors. This EULA does not transfer to you any ownership rights in the Application; you are granted only a license to use it on the terms set out herein. The Application is licensed, not sold.
3.4. Non-transferable nature. Except as expressly permitted by the rules of the applicable App Store or by mandatory law, you may not transfer, assign, lend, rent, lease, or make the Application or its license available to third parties. Any attempted transfer in breach of this clause is void.
3.5. Accounts. Certain features require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity conducted under your account, as provided in the ToS.
4. Use restrictions
You will not do, nor permit or enable any third party to do, any of the following, except (and only to the extent that) applicable mandatory law expressly and non-waivably permits, in which case you must first notify us in writing at rafoantoni@gmail.com where the law allows:
4.1. Reverse engineering. Reverse engineer, decompile, disassemble, decode, translate, or otherwise attempt to derive, reconstruct, or discover the source code, object code, underlying ideas, algorithms, file formats, data structures, models, model weights, or protocols of the Application, in whole or in part.
4.2. Modification and derivative works. Modify, adapt, alter, translate, port, or create derivative works of the Application or any part of it; or combine or integrate it with other software except as permitted by the Application.
4.3. Copying and distribution. Copy, reproduce, distribute, publish, transmit, publicly display, or make available the Application, other than the installation copy strictly necessary and reasonable backup copies for your personal use.
4.4. Resale, sublicensing, and commercialization. Sell, resell, sublicense, rent, lease, lend, distribute, time-share, or offer via a service bureau, hosting, SaaS, or otherwise commercialize or exploit the Application or access to it.
4.5. Circumvention of technical measures. Circumvent, disable, bypass, tamper with, or interfere with any security measure, access control, digital-rights management, license verification, authentication mechanism, or certificate-pinning mechanism or other protections of the Application or the Services; or use the Application on jailbroken or rooted devices, or devices whose security controls have been compromised, where this jeopardizes the integrity of the Application or the data.
4.6. Automated access and scraping. Access or use the Application or the Services by means of bots, scripts, scrapers, crawlers, automated agents, emulators, or any unauthorized automated means; or systematically extract, collect, or harvest data, content, food or nutrient databases, or any other material from the Application or the Services. Use of application programming interfaces (APIs) is subject to Rafael Antonio Berrios Cuneo's prior written authorization and to the terms accompanying it.
4.7. Overloading and interference. Interfere with, disrupt, overload, or impair the Application, the Services, servers, or networks; introduce viruses, malware, or harmful code; or conduct penetration testing, vulnerability scanning, or denial-of-service attacks without Rafael Antonio Berrios Cuneo's prior written authorization.
4.8. Proprietary notices. Remove, obscure, or alter any copyright, trademark, patent, or other proprietary notice, or any identification of the Application.
4.9. Unlawful or improper uses. Use the Application for any unlawful, fraudulent, defamatory, infringing purpose or one that violates the rights of third parties; to develop, train, or improve a competing product or service; or for benchmarking purposes intended for a competitor.
4.10. Circumvention of limits. Circumvent or attempt to circumvent any usage limitation, quota, geographic restriction, or access control that Rafael Antonio Berrios Cuneo implements.
4.11. Any use of the Application not expressly authorized by this EULA constitutes a breach of this Agreement and of Rafael Antonio Berrios Cuneo's intellectual property rights, and may result in termination under Section 16, without prejudice to any other right or remedy.
5. User Content
5.1. Your responsibility. You are solely responsible for the User Content you create, upload, or share through the Application, including user-created foods, "request a food" submissions, custom recipes, saved routines, and shared activity image-cards. You represent and warrant that you hold all necessary rights in such content and that it does not infringe the rights of third parties or applicable law.
5.2. License to Rafael Antonio Berrios Cuneo. The license you grant to Rafael Antonio Berrios Cuneo over User Content (including its accuracy, moderation, and use to operate and improve the Application and the Services) is governed by the "User Content" section of the Terms of Service, which is incorporated by reference into this EULA. Nothing in this EULA expands or reduces that license beyond what is provided in the ToS.
5.3. Health and Activity Data. The processing of Health and Activity Data is governed by the Privacy Policy. The Application is offline-first (it prioritizes offline operation), and product-analytics features are offered on an opt-out basis, as detailed in the Privacy Policy. The availability, syncing, and backup of such data are described in the ToS and the Privacy Policy.
5.4. No retention obligation. Except as otherwise required by mandatory law or the Privacy Policy, Rafael Antonio Berrios Cuneo is under no obligation to store, retain, or back up User Content, and you are responsible for maintaining your own backups.
6. Feedback license
6.1. If you provide Feedback, you grant Rafael Antonio Berrios Cuneo a worldwide, perpetual, irrevocable, transferable, sublicensable, non-exclusive, royalty-free license to use, reproduce, modify, exploit, disclose, and incorporate such Feedback into any product or service, with no obligation of compensation, attribution, or confidentiality to you.
6.2. Feedback is provided voluntarily and "as is". You represent that you have the right to grant the license in Section 6.1 and that your Feedback is not subject to obligations that would prevent Rafael Antonio Berrios Cuneo from using it as provided herein. Rafael Antonio Berrios Cuneo is under no obligation to implement any Feedback.
7. Intellectual property
7.1. Ownership. The Application and all intellectual property rights in it — including, without limitation, the software, source and object code, designs, interface, look and feel, graphics, icons, text, compilations and databases (including the bundled food and nutrient databases, to the extent of their originality or of any applicable sui generis database rights), on-device models, algorithms, documentation, and the "Misura" trademarks and associated logos — are and shall remain the exclusive property of Rafael Antonio Berrios Cuneo or its licensors, and are protected by copyright, trademark, patent, trade-secret, and other applicable intellectual property laws and by international treaties.
7.2. No trademark license. This EULA grants you no rights in Rafael Antonio Berrios Cuneo's trademarks, trade names, logos, or distinctive signs. You may not use them without prior written authorization.
7.3. Third-party and open-source components. The Application may include third-party or open-source components subject to their own licenses. Those licenses will prevail with respect to those specific components in the event of a conflict with this EULA, but only to the extent required by the applicable open-source license. The list of third-party notices, where available, will be made available within the Application or upon request at rafoantoni@gmail.com.
7.4. Intellectual property claims (DMCA / notice and takedown). Rafael Antonio Berrios Cuneo respects the intellectual property rights of third parties. Procedures for notice and takedown of allegedly infringing content are governed by the corresponding section of the ToS. Notices must be directed to the designated agent: Rafael Antonio Berrios Cuneo, rafoantoni@gmail.com, Tacna, Perú.
8. Third-Party Integrations and third-party terms
8.1. Optional nature. Third-Party Integrations (for example, intervals.icu — including Strava and Garmin data through it — Hevy, Apple Health, and Android Health Connect) are optional, and you decide whether to connect them.
8.2. Third-party terms. Use of any Third-Party Integration is subject to the terms and privacy policies of the relevant third party, which constitute separate agreements between you and that third party. Rafael Antonio Berrios Cuneo does not control, endorse, and is not responsible for the services, availability, accuracy, or data practices of third parties. If you breach a third party's terms, you will be liable to that third party.
8.3. Compliance. You represent that your use of any Third-Party Integration through the Application complies with that third party's terms. Rafael Antonio Berrios Cuneo may suspend or remove any integration at any time, without liability to you, to the extent permitted by applicable law.
9. Updates, changes, and availability
9.1. Updates. Rafael Antonio Berrios Cuneo may, but is not obligated to, release updates, enhancements, patches, fixes, or new versions of the Application ("Updates"). Updates may install automatically depending on the settings of your device or App Store. This EULA governs all Updates, unless an Update is accompanied by a separate license agreement, in which case the terms of the latter will prevail with respect to that Update.
9.2. Over-the-air (OTA) updates. Certain Updates may be delivered via runtime-update or over-the-air mechanisms. You consent to receiving such Updates as part of normal use of the Application.
9.3. Changes and discontinuation. Rafael Antonio Berrios Cuneo may modify, suspend, or discontinue the Application or any feature, in whole or in part, temporarily or permanently, at any time and without liability to you, to the extent permitted by applicable law. Where reasonably possible, we will endeavor to give advance notice of material adverse changes.
9.4. Technical requirements. You are responsible for meeting the system requirements, having compatible devices, supported operating systems, connectivity, and storage space. Rafael Antonio Berrios Cuneo does not warrant compatibility with all devices, operating-system versions, or configurations.
10. Health, nutrition, and exercise notice (not medical advice)
10.1. The Application provides general information and tools for tracking nutrition and training for informational and self-knowledge purposes. The Application is not a medical device and does not provide medical advice, diagnosis, or treatment. The content, calculations, estimates (for example, calories, macronutrients, volume, training load), and generated plans are estimates and may contain errors or inaccuracies.
10.2. You should consult a qualified healthcare professional before starting, modifying, or discontinuing any dietary or exercise regimen, especially if you have or suspect you have any medical condition. You assume all risks arising from your nutrition and training decisions. This notice is supplemented by the equivalent provisions of the ToS, which will prevail where more detailed.
11. Disclaimer of warranties
11.1. To the maximum extent permitted by applicable law, the Application is provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind. Rafael Antonio Berrios Cuneo and its licensors, suppliers, and distributors disclaim all warranties, express, implied, statutory, or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, satisfactory quality, accuracy, and non-infringement, as well as any warranty arising from course of dealing, usage, or trade practice.
11.2. Rafael Antonio Berrios Cuneo does not warrant that the Application will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Application will be free of harmful components; or that the results, calculations, estimates, or data (including Health and Activity Data and data from Third-Party Integrations) will be accurate, complete, or reliable.
11.3. No advice or information, oral or written, obtained from Rafael Antonio Berrios Cuneo or through the Application, will create any warranty not expressly set out in this EULA.
11.4. Mandatory rights. Some jurisdictions do not allow the exclusion of certain warranties or of statutory consumer rights. In such cases, the foregoing exclusions will apply to the maximum extent permitted and will not limit any non-waivable statutory right to which you are entitled (see Section 20.3).
12. Limitation of liability
12.1. To the maximum extent permitted by applicable law, in no event will Rafael Antonio Berrios Cuneo or its officers, directors, employees, agents, licensors, suppliers, or distributors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, lost revenue, loss of data, loss of goodwill, business interruption, reputational harm, or the cost of substitute goods or services, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if advised of the possibility of such damages.
12.2. Liability cap. To the maximum extent permitted by applicable law, Rafael Antonio Berrios Cuneo's total aggregate liability arising out of or relating to the Application and this EULA will not exceed the greater of: (a) the total amount you paid Rafael Antonio Berrios Cuneo for the Application during the twelve (12) months preceding the event giving rise to the claim; or (b) fifty United States dollars (USD 50). Because, as of the effective date, the Application is offered at no cost, you acknowledge that such amount may be zero, without prejudice to the alternative USD 50 cap.
12.3. Allocation of risk. You acknowledge that the limitations in this Section 12 and the disclaimers in Section 11 are essential elements of the agreement between you and Rafael Antonio Berrios Cuneo, reflect a reasonable allocation of risk, and will survive even if any limited remedy fails of its essential purpose.
12.4. Mandatory rights. Nothing in this EULA excludes or limits Rafael Antonio Berrios Cuneo's liability that cannot be excluded or limited under applicable mandatory law, including, where applicable, liability for willful misconduct, gross negligence, fraud, death or personal injury caused by negligence, or non-waivable consumer rights. Where the law does not allow the exclusion or limitation of certain damages, the foregoing limitations will apply to the maximum extent permitted (see Section 20.3).
13. Indemnification
13.1. To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Rafael Antonio Berrios Cuneo and its officers, directors, employees, agents, licensors, and suppliers from and against any claim, demand, loss, liability, damage, fine, penalty, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Application; (b) your User Content; (c) your breach of this EULA, the ToS, or applicable law; (d) your infringement of the rights of third parties; or (e) your use of any Third-Party Integration.
13.2. Rafael Antonio Berrios Cuneo may, at its option and expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate reasonably. You will not settle any matter that imposes obligations on Rafael Antonio Berrios Cuneo or affects its rights without its prior written consent.
14. Confidentiality and trade secrets
14.1. The Application contains confidential information and trade secrets of Rafael Antonio Berrios Cuneo and its licensors. You agree not to disclose or use such information except as strictly necessary for the authorized use of the Application, and to protect such information with at least the same degree of care you use for your own confidential information and, in any event, with reasonable care.
15. Data, telemetry, and analytics
15.1. The Application may collect technical, diagnostic, performance, crash, and usage data to operate, maintain, secure, and improve the Application. Analytics and error-reporting tools (including third-party solutions such as Mixpanel and Sentry) are offered on an opt-out basis. The details of what data is processed, for what purposes, and how to exercise opt-out are set out in the Privacy Policy, which prevails on matters of personal-data processing.
15.2. You acknowledge and consent to the processing described in the Privacy Policy as a condition of using the Application, without prejudice to your non-waivable statutory rights and the opt-out options available.
16. Term and termination
16.1. Term. This EULA takes effect when you accept it under Section 1.3 and remains in effect until terminated in accordance with this Section 16.
16.2. Automatic termination. The license granted in Section 3 will terminate automatically and without notice if you breach any provision of this EULA.
16.3. Termination by Rafael Antonio Berrios Cuneo. Rafael Antonio Berrios Cuneo may suspend or terminate your license, your account, or your access to the Application, in whole or in part, with or without cause, with or without notice, to the maximum extent permitted by applicable law, including for reasons of security, legal compliance, suspected fraud or abuse, or discontinuation of the Application.
16.4. Termination by the User. You may terminate this EULA at any time by ceasing all use and uninstalling the Application from all your devices.
16.5. Effects of termination. Upon termination of this EULA: (a) all rights and licenses granted to you will immediately cease; (b) you must cease all use of the Application and delete or destroy all copies in your possession or control; and (c) provisions that by their nature should survive will survive, including, without limitation, Sections 2, 4, 5.1, 6, 7, 8, 11, 12, 13, 14, 16.5, 17, 18, 19, 20, 21, 22, 23, and 24.
16.6. No refund. Except as otherwise required by mandatory law or the rules of the applicable App Store, termination gives no right to any refund.
17. Provisions specific to the Apple App Store ("Licensed Application")
This Section 17 applies only to the Application acquired or obtained through the Apple App Store. In the event of a conflict between this Section 17 and the rest of the EULA with respect to the Application obtained through Apple, this Section 17 prevails solely with respect to that Application.
17.1. Acknowledgment. You and Rafael Antonio Berrios Cuneo acknowledge that this EULA is concluded solely between you and Rafael Antonio Berrios Cuneo, and not with Apple, and that Apple is not responsible for the Application or its content. This EULA may not provide for terms less protective of the end user than required by the applicable App Store rules (the Apple Media Services Terms and Conditions, including the Usage Rules of the standard Licensed Application End User License Agreement).
17.2. Scope of license. The license granted in the Application is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
17.3. Maintenance and support. Rafael Antonio Berrios Cuneo is solely responsible for providing maintenance and support services with respect to the Application, as specified in this EULA or as required under applicable law. You and Rafael Antonio Berrios Cuneo acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the Application. Support requests may be directed to rafoantoni@gmail.com.
17.4. Warranty. Rafael Antonio Berrios Cuneo is solely responsible for any product warranties, whether express or implied by law, to the extent not validly disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application (if any) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rafael Antonio Berrios Cuneo.
17.5. Product claims. You and Rafael Antonio Berrios Cuneo acknowledge that Rafael Antonio Berrios Cuneo, and not Apple, is responsible for addressing any claims of yours or of any third party relating to the Application or your possession or use of the Application, including, without limitation: (a) product-liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation, including those relating to the Application's use of frameworks such as HealthKit and HomeKit, where applicable.
17.6. Intellectual property claims. You and Rafael Antonio Berrios Cuneo acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Rafael Antonio Berrios Cuneo, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by this EULA.
17.7. Legal compliance. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties (see also Section 19).
17.8. Third-party terms. You must comply with applicable third-party terms of agreement when using the Application (for example, your wireless data service agreement).
17.9. Third-party beneficiary — Apple. You and Rafael Antonio Berrios Cuneo acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
17.10. Contact information. For any inquiries, complaints, or support requests relating to the Application, contact Rafael Antonio Berrios Cuneo at rafoantoni@gmail.com or at Tacna, Perú.
18. Provisions specific to Google Play
This Section 18 applies only to the Application obtained through Google Play.
18.1. Relationship with Google. You acknowledge that this EULA is concluded between you and Rafael Antonio Berrios Cuneo, and not with Google. Rafael Antonio Berrios Cuneo, and not Google, is solely responsible for the Application and its content. Google is not a party to this EULA.
18.2. Google Play terms. Your use of Google Play is governed by the Google Play Terms of Service and other applicable Google terms and policies, as amended from time to time (the "Google Play Terms"). In the event of a conflict between this EULA and the Google Play Terms with respect to the distribution of the Application through Google Play, the Google Play Terms will prevail solely with respect to that matter and to the extent required.
18.3. Responsibility and support. Rafael Antonio Berrios Cuneo is solely responsible for support, maintenance, warranties, and for addressing any claims relating to the Application, including product-liability, legal-compliance, or intellectual-property-infringement claims. Google has no obligation whatsoever to provide support or maintenance with respect to the Application.
18.4. Refunds. Refunds, where applicable, are governed by Google Play policies and by applicable mandatory law.
18.5. Data and permissions. The Application's access to device features and to Android Health Connect requires the corresponding permissions that you grant; such processing is governed by the Privacy Policy and by Google policies applicable to the use of health and sensitive data.
19. Export control and sanctions
19.1. The Application may be subject to export-control and economic-sanctions laws and regulations, including, without limitation, those of the United States of America and other applicable jurisdictions. You agree to comply with all such laws and regulations.
19.2. You represent and warrant that: (a) you are not located in, or a resident or national of, a country or territory subject to an embargo or to comprehensive sanctions; (b) you are not listed on any restricted-, denied-, or sanctioned-party list maintained by any competent authority; and (c) you will not use, export, or re-export the Application in violation of such laws, or for purposes prohibited by them.
20. Governing law, mandatory rights, and worldwide scope
20.1. Governing law. This EULA and any dispute arising out of or relating to it or to the Application will be governed by and construed in accordance with the laws of Peru, without giving effect to its conflict-of-laws rules that would lead to the application of the law of another jurisdiction.
20.2. Jurisdiction. Without prejudice to Section 20.3, the parties submit to the jurisdiction and venue established in the Terms of Service for the resolution of disputes. The dispute-resolution provisions of the ToS (including, where applicable, prior-negotiation, mediation, or arbitration clauses, and applicable waivers) are incorporated by reference into this EULA to the maximum extent permitted by applicable law.
20.3. Reservation of mandatory consumer rights (carve-out). Notwithstanding Sections 20.1 and 20.2, and any other provision of this EULA, nothing in this EULA deprives you of, or reduces, any rights to which you are entitled on a mandatory and non-waivable basis under the consumer-protection laws or other mandatory laws of your country or jurisdiction of habitual residence. Where such mandatory laws grant you more protective rights, or require the application of your law or your courts, those rules will prevail over this EULA to the extent strictly required by them, and the remainder of the EULA will continue in full force and effect.
20.4. Sales convention. To the maximum extent permitted by applicable law, the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
21. Dispute resolution
21.1. Before commencing any formal proceeding, you agree to attempt in good faith to resolve any dispute by contacting Rafael Antonio Berrios Cuneo at rafoantoni@gmail.com and allowing a reasonable period for resolution, except where mandatory law provides otherwise or where urgent injunctive relief is required.
21.2. The mechanisms, seat, language, and other conditions for dispute resolution (including, where applicable, arbitration and waiver of class actions) are governed by the Terms of Service, to the extent permitted by applicable law and without prejudice to Section 20.3.
22. Severability and no waiver
22.1. Severability. If any provision of this EULA is held to be invalid, illegal, or unenforceable by a competent court or authority, that provision will be construed, limited, or, where appropriate, deemed not written, to the minimum extent necessary so that the remainder of the EULA continues in full force and effect. To the extent possible, the affected provision will be replaced with a valid one that reflects as closely as possible the original intent of the parties.
22.2. No waiver. Rafael Antonio Berrios Cuneo's failure to exercise or enforce any right or provision of this EULA will not constitute a waiver of that right or provision. No waiver will be effective unless it is in writing and signed by Rafael Antonio Berrios Cuneo.
22.3. "To the maximum extent permitted" application. All exclusions, limitations, and waivers in this EULA apply to the maximum extent permitted by applicable law. No provision of this EULA will be construed so as to deprive the User of non-waivable mandatory rights under Section 20.3.
23. Assignment, force majeure, and miscellaneous
23.1. Assignment. You may not assign or transfer this EULA or any right or obligation under it, by operation of law or otherwise, without Rafael Antonio Berrios Cuneo's prior written consent. Rafael Antonio Berrios Cuneo may freely assign or transfer this EULA, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. Any assignment in breach of this clause is void.
23.2. Force majeure. Rafael Antonio Berrios Cuneo will not be liable for delays or failures arising from causes beyond its reasonable control, including, without limitation, acts of God or force majeure, network or supplier failures, power outages, acts of authority, labor disputes, cyberattacks, or pandemics.
23.3. Relationship of the parties. Nothing in this EULA creates a partnership, joint venture, agency, employment, or representation relationship between you and Rafael Antonio Berrios Cuneo.
23.4. Notices. Rafael Antonio Berrios Cuneo may send you notices through the Application, by email, or by posting on misura-app.com. You may direct notices to Rafael Antonio Berrios Cuneo at rafoantoni@gmail.com or at Tacna, Perú.
23.5. Language. The Spanish version is the canonical and controlling version, without prejudice to Section 20.3.
24. Entire agreement, amendments, and hierarchy
24.1. Entire agreement. This EULA, together with the Terms of Service and the Privacy Policy (all incorporated by reference), constitutes the entire agreement between you and Rafael Antonio Berrios Cuneo with respect to the Application, and supersedes any prior agreement or understanding, oral or written, on the same subject matter.
24.2. Hierarchy. In the event of a conflict: (a) with respect to the software license, this EULA prevails; (b) with respect to the processing of personal data, the Privacy Policy prevails; (c) with respect to the provision of the Services and general use, the ToS prevails; and (d) with respect to the Application obtained through Apple or Google Play, Sections 17 and 18 respectively prevail, within their scope of application.
24.3. Amendments. Rafael Antonio Berrios Cuneo may amend this EULA at any time. Material amendments will be communicated through reasonable means (for example, in-app notice, email, or posting on misura-app.com) and will indicate a new effective date. Your continued use of the Application after the amendments take effect constitutes your acceptance of them, to the extent permitted by applicable law. If you do not accept the amendments, you must stop using and uninstall the Application.
24.4. Survival. Termination of this EULA does not affect provisions that, by their nature, should survive (see Section 16.5).
25. Contact
For inquiries relating to this EULA:
- Owner: Rafael Antonio Berrios Cuneo
- Address: Tacna, Perú
- Email: rafoantoni@gmail.com
- Website: misura-app.com
- Agent for intellectual property claims (DMCA): Rafael Antonio Berrios Cuneo — rafoantoni@gmail.com — Tacna, Perú
Related documents: Terms of Service (tos.es.md / tos.en.md) and Privacy Policy (privacy.es.md / privacy.en.md). Effective date: August 7, 2026.