Terms of Use
Effective Date: January 10, 2025
IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DATETRACKER APP. BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and Productive Apps Ltd, a company registered in the United Kingdom ("Company," "we," "us," or "our"), governing your use of the DateTracker mobile application ("App"). By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy.
2. Disclaimer of Warranties and Limitation of Liability
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF THE APP
- THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE
- THAT DEFECTS WILL BE CORRECTED
- THAT THE APP IS FREE OF VIRUSES OR HARMFUL COMPONENTS
3. USE AT YOUR OWN RISK
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE APP IS AT YOUR SOLE RISK
- WE ARE NOT RESPONSIBLE FOR ANY MISSED APPOINTMENTS, DEADLINES, OR EVENTS
- WE DO NOT GUARANTEE THAT REMINDERS WILL BE DELIVERED ON TIME OR AT ALL
- WE ARE NOT LIABLE FOR ANY CONSEQUENCES ARISING FROM YOUR RELIANCE ON THE APP
- YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING ALTERNATIVE REMINDER SYSTEMS
4. Complete Limitation of Liability
IN NO EVENT SHALL PRODUCTIVE APPS LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APP
- ANY DAMAGES RESULTING FROM ERRORS, MISTAKES, OR INACCURACIES IN THE APP
- ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE APP
- ANY UNAUTHORIZED ACCESS TO OUR SERVERS OR YOUR PERSONAL INFORMATION
- ANY INTERRUPTION OR CESSATION OF THE APP
- ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE APP
- ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO RECEIVE REMINDERS
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PRODUCTIVE APPS LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM:
- Your violation of these Terms
- Your violation of any third party rights
- Your use or misuse of the App
- Your failure to receive or act upon any reminders
- Any content you submit, post, or transmit through the App
6. Age Requirement
You must be at least 16 years old to use the App. By using the App, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms.
7. Account Responsibilities
- You are responsible for maintaining the confidentiality of your account credentials
- You are fully responsible for all activities that occur under your account
- You agree to notify us immediately of any unauthorized use of your account
- We are not liable for any loss or damage arising from your failure to protect your account
8. Acceptable Use
You agree not to:
- Use the App for any illegal or unauthorized purpose
- Violate any laws in your jurisdiction
- Transmit any harmful code, viruses, or malware
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the App or our servers
- Use the App to harass, abuse, or harm others
- Upload inappropriate, offensive, or illegal content
- Reverse engineer or attempt to extract the source code of the App
- Use the App for commercial purposes without our permission
9. Intellectual Property
- The App and its original content, features, and functionality are owned by Productive Apps Ltd
- The App is protected by copyright, trademark, and other intellectual property laws
- You may not copy, modify, distribute, sell, or lease any part of the App
- You retain ownership of content you create within the App
- By using the App, you grant us a license to use your content solely to provide the App's services
10. Subscriptions and Payments
- Subscriptions are processed through the Apple App Store or Google Play Store
- All payments are subject to the terms and conditions of the respective app store
- Refunds are handled according to the policies of the respective app store
- We are not responsible for any payment processing issues
- Subscription prices may change at any time with notice
- You are responsible for any taxes related to your subscription
Subscription Cancellation: You can cancel your subscription at any time through your App Store or Google Play Store account settings. Cancellation will take effect at the end of the current billing period.
11. Email Reminders
IF YOU CHOOSE TO USE EMAIL REMINDERS:
- WE DO NOT GUARANTEE DELIVERY OF EMAIL REMINDERS
- EMAILS MAY BE DELAYED, BLOCKED, OR MARKED AS SPAM
- WE ARE NOT RESPONSIBLE FOR ANY MISSED REMINDERS DUE TO EMAIL DELIVERY ISSUES
- YOU ARE RESPONSIBLE FOR ENSURING EMAIL ADDRESSES ARE CORRECT AND ACTIVE
- WE ARE NOT LIABLE FOR ANY CONSEQUENCES OF FAILED EMAIL DELIVERY
12. Third-Party Services
The App uses third-party services that have their own terms and conditions:
- Google Firebase
- RevenueCat
- Google Sign-In
- Apple/Google payment processing
We are not responsible for the practices or policies of these third-party services.
13. Modifications to the App and Terms
- We reserve the right to modify or discontinue the App at any time without notice
- We may update these Terms at any time
- Your continued use of the App after changes constitutes acceptance of the new Terms
- We are not liable to you or any third party for any modification, suspension, or discontinuance of the App
14. Termination
- We may terminate or suspend your account at any time, without prior notice or liability, for any reason
- Upon termination, your right to use the App will immediately cease
- All provisions of these Terms which by their nature should survive termination shall survive
15. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the App shall be resolved exclusively in the courts of England and Wales. You consent to the exclusive jurisdiction and venue of such courts.
YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Productive Apps Ltd regarding the use of the App and supersede any prior agreements.
18. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond our reasonable control.
19. No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
20. Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights under these Terms without restriction.
FINAL WARNING: BY USING DATETRACKER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. YOU UNDERSTAND THAT THE APP IS PROVIDED WITHOUT WARRANTIES AND THAT YOU USE IT ENTIRELY AT YOUR OWN RISK. WE ACCEPT NO LIABILITY FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF THE APP.
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