LEGAL FRAMEWORK OVERVIEW

Application: Seaworthy (za.co.digitalfreedom.seaworthy)

Which document governs when they disagree

Effective Date: 5 October 2026

Provider: DigitalFreedom Global LLC (trading as DigitalFreedom), 30 N Gould St, Ste N, Sheridan, WY 82801, United States · mailto:hello@digitalfreedom.co.za

1. WHY THIS DOCUMENT EXISTS

Several documents govern the relationship, and they occasionally address the same subject. Until now three of them each claimed precedence in a different order. Under § 305c(2) BGB and Art. 5 of Directive 93/13/EEC, an ambiguity of that kind is resolved against the party that drafted it — so the contradiction did not create flexibility, it created a rule chosen by whoever read it last.

This document states the order once. Every other document defers to it.

2. ORDER OF PRECEDENCE

Where two documents address the same subject and cannot be read together, the higher entry prevails:

Mandatory law of your place of habitual residence. Nothing below can reduce a right that the law of your country, state, province or territory gives you and does not allow to be waived.
The store’s terms, for everything about the purchase itself, where the store is the seller of your purchase. Who that is depends on your store and your country — see § 3.
Product-specific terms: the Refund Policy and the EULA.
The Terms of Service, for everything the product-specific terms do not address.
Ancillary policies: the Support and Update Policy, the Transparency Notice, the Trademark Disclaimer and the applicable Beta Testing Agreement. Open-source and model terms govern their respective components.

The Privacy Policy sits outside this order. It describes processing rather than granting or limiting contractual rights, and it is never overridden by a contractual document.

3. WHO YOUR CONTRACT IS WITH

This is the distinction that resolves most apparent conflicts — and it does not have the same answer in every country.

What	With whom
The purchase, where you bought in the EU or EEA, the United Kingdom, Switzerland or Türkiye through the App Store	Apple Distribution International Ltd. Apple sells in its own name there, so your purchase contract is with Apple.
The purchase, in every other App Store territory	DigitalFreedom Global LLC. Apple acts as our agent there and sells in our name, so your purchase contract is with us.
The licence to use the software	DigitalFreedom Global LLC
The service the software provides	DigitalFreedom Global LLC
Processing of your personal data	DigitalFreedom Global LLC as controller

Why it differs. Apple’s developer agreement appoints Apple as a commissionaire in some regions — selling in its own name for our account — and as our agent in the others, selling in our name. The consequence for you is who owes the purchase-related duties: information before the order, the withdrawal instruction, the confirmation of the contract, and the refund.

What this means in practice. Where the store is the seller, the store handles payment, receipt, refund and withdrawal. Where we are the seller, those duties are ours and this Overview does not shift them onto the store. One channel difference: a charge made by Apple can only be reversed by Apple.

If a document elsewhere states one of these more simply than this section does, this section prevails.

4. WHICH DOCUMENTS APPLY TO WHICH PRODUCT

Not all of them apply to every app. A document is shipped with an app only where its subject matter exists in that app — an Acceptable Use Policy has nothing to govern where there is no shared resource, and a copyright takedown procedure has nothing to act on where no content is hosted for users.

The mapping per product is maintained internally. A document you do not find with an app is absent because it does not apply, not because it was forgotten.

5. CHANGES

The order in this document changes only with 30 days’ advance notice and active acceptance. Continued use is not acceptance — see the re-acceptance rules in the app.

6. CONTACT

General: mailto:hello@digitalfreedom.co.za Data protection: mailto:data-protection@digitalfreedom.co.za · https://data-protection.digitalfreedom.co.za Support: https://support.apps.digitalfreedom.co.za