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Zen Flow Terms

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These Terms of Use (the “Terms”) govern the download, installation, access to, and use of the mobile application “Zen Flow – Daily Timeline” (the “App”).

The individual or entity that develops and provides the App is referred to in these Terms as the “Developer.”

Any person who downloads, installs, accesses, launches, or uses the App is referred to as the “User.”

By downloading, installing, accessing, launching, purchasing any feature through, or otherwise using the App, the User confirms that the User has read, understood, and agreed to be bound by these Terms.

If the User does not agree to these Terms, the User must not use the App and must uninstall it immediately.

TOC

1. Scope of These Terms

  1. These Terms apply to all versions, functions, content, updates, upgrades, purchases, advertisements, backup functions, notification functions, and other features provided through or in connection with the App.
  2. The User’s use of the App may also be subject to the terms, policies, and rules of Apple App Store, Google Play, the User’s operating system, device provider, RevenueCat, Google AdMob, and other third-party services.
  3. Where mandatory terms imposed by an application store or other platform conflict with these Terms, those mandatory terms will prevail only to the extent required by the applicable platform.
  4. The Privacy Policy for the App forms part of the terms applicable to the User’s use of the App.

2. Eligibility

  1. The User must have the legal capacity required under applicable law to agree to these Terms.
  2. A User who has not reached the age of legal majority in the User’s country or region may use the App only with the permission and supervision of a parent or legal guardian.
  3. By allowing a minor to use the App, the parent or legal guardian accepts responsibility for the minor’s use of the App.
  4. The Developer is not responsible for verifying the User’s age, identity, legal capacity, or authority to accept these Terms.

3. License to Use the App

  1. Subject to the User’s continuing compliance with these Terms, the Developer grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the App for the User’s personal or internal business purposes.
  2. The App is licensed, not sold.
  3. The User receives no ownership interest in the App, its source code, design, functions, content, trademarks, data structures, or other intellectual property.
  4. The User may use the App only on devices and through application stores authorized by the Developer or the applicable platform provider.
  5. The Developer reserves all rights not expressly granted to the User under these Terms.
  6. The Developer may revoke the license granted under this section at any time if the User violates these Terms or uses the App in a manner that the Developer considers unlawful, harmful, abusive, fraudulent, or inappropriate.

4. Nature and Intended Use of the App

  1. The App is a general-purpose tool that allows Users to record, organize, display, and manage timeline items, schedules, tasks, times, notifications, colors, statuses, and other information.
  2. The App is provided only as a supplementary organizational tool.
  3. The App is not designed, certified, or intended for use in situations in which a failure, delay, inaccuracy, data loss, or notification failure could result in death, personal injury, illness, property damage, financial loss, legal liability, or other serious consequences.
  4. The User must not rely exclusively on the App for any important matter, including:
    1. Medical treatment or medication schedules.
    2. Health or safety monitoring.
    3. Emergency or disaster response.
    4. Transportation, aviation, or traffic control.
    5. Financial transactions or investment decisions.
    6. Legal, tax, regulatory, or contractual deadlines.
    7. Business-critical operations.
    8. Payments, filings, reservations, appointments, or renewals.
    9. Any other activity in which failure or delay could cause significant harm.
  5. The User is solely responsible for independently verifying all important dates, times, deadlines, obligations, and information recorded in the App.
  6. The Developer makes no representation that the App is suitable for any particular purpose, profession, industry, environment, or use case.

5. User’s Device and Operating Environment

  1. The User is solely responsible for obtaining and maintaining all devices, operating systems, application store accounts, internet connections, storage capacity, permissions, and other equipment or services required to use the App.
  2. All costs associated with the User’s device, data connection, internet access, application store account, cloud storage, or other services are the sole responsibility of the User.
  3. The Developer does not guarantee that the App will operate on every device, operating system, operating system version, language, region, network, or configuration.
  4. Changes made by Apple, Google, device manufacturers, operating system providers, application stores, or other third parties may cause some or all functions of the App to become unavailable.
  5. The Developer has no obligation to support outdated devices, outdated operating systems, modified devices, jailbroken devices, rooted devices, emulators, or environments that the Developer considers unsupported.
  6. The Developer may change the supported devices, operating systems, regions, languages, or technical requirements at any time without prior notice.

6. User Data Stored on the Device

  1. Timeline items, titles, dates, times, colors, statuses, notification settings, preferences, and other information entered into the App are generally stored locally on the User’s device.
  2. The User is solely responsible for creating, reviewing, maintaining, correcting, protecting, exporting, backing up, and deleting all data stored through the App.
  3. The Developer does not control and may be unable to view, retrieve, recover, modify, correct, transfer, or delete data stored only on the User’s device.
  4. User data may be lost, damaged, modified, duplicated, corrupted, or rendered inaccessible for any reason, including:
    1. Deletion or reinstallation of the App.
    2. Device failure, loss, theft, replacement, or reset.
    3. Operating system or App updates.
    4. Insufficient storage capacity.
    5. User error or accidental deletion.
    6. Database or file corruption.
    7. Changes to device settings.
    8. Actions of another application.
    9. Malware, unauthorized access, or security incidents.
    10. Changes made by Apple, Google, or another third party.
    11. Any other technical or non-technical cause.
  5. The Developer does not guarantee the storage, preservation, accuracy, integrity, availability, recoverability, or transferability of any User data.
  6. The User must maintain independent copies of any data that the User considers important.
  7. The User assumes all risks associated with storing information in the App.

7. Notifications

  1. The App may use notification functions provided by the User’s device and operating system.
  2. Notifications may fail, be delayed, appear more than once, appear at an incorrect time, contain outdated information, or not appear at all.
  3. Notification behavior may be affected by:
    1. Notification permissions.
    2. Focus modes or do-not-disturb settings.
    3. Silent mode.
    4. Battery-saving settings.
    5. Device power status.
    6. Device restart or shutdown.
    7. Operating system restrictions.
    8. Time zone, date, time, or regional settings.
    9. Notification scheduling limits.
    10. App updates or deletion.
    11. Device or operating system errors.
    12. Factors outside the Developer’s control.
  4. The Developer does not guarantee that any notification will be delivered, displayed, displayed only once, or displayed at the requested time.
  5. The User must not rely on notifications from the App for important, urgent, safety-related, medical, legal, financial, contractual, or time-sensitive matters.
  6. The User is solely responsible for confirming that notification permissions and device settings are configured correctly.

8. Backup, Export, and Import

  1. The App may provide functions that allow the User to export data to, or import data from, a backup file.
  2. Backup files may contain titles, dates, times, schedules, and other information entered by the User.
  3. The User is solely responsible for:
    1. Selecting the storage location for backup files.
    2. Protecting backup files against unauthorized access.
    3. Encrypting backup files when necessary.
    4. Maintaining multiple backup copies.
    5. Preventing accidental sharing or disclosure.
    6. Confirming that a backup file is complete and usable.
    7. Deleting backup files that are no longer required.
    8. Confirming the results of any import operation.
  4. The Developer does not receive, store, inspect, verify, manage, or control backup files created by the User.
  5. The Developer does not guarantee that:
    1. A backup file will always be created successfully.
    2. All data will be included in a backup file.
    3. A backup file will remain compatible with future versions of the App.
    4. An import operation will complete successfully.
    5. Imported data will exactly match the original data.
    6. Importing data will not cause duplication, corruption, deletion, or overwriting.
    7. A backup file will be free from errors or unauthorized modification.
  6. The User must verify both existing data and backup files before performing an import.
  7. The User assumes all risks associated with backup, export, storage, transfer, sharing, and import operations.

9. Free Features and Advertising

  1. The Developer may provide some or all functions of the App free of charge.
  2. Advertisements may be displayed to Users who have not purchased applicable premium features.
  3. The App may use Google AdMob or other third-party advertising services.
  4. The content, frequency, format, placement, targeting, and availability of advertisements may be determined by the Developer or the applicable advertising provider.
  5. The Developer does not endorse and makes no representation or warranty concerning any advertisement, advertiser, website, product, service, offer, claim, or transaction presented through an advertisement.
  6. Any communication, transaction, purchase, agreement, dispute, or relationship between the User and an advertiser or other third party is solely between the User and that third party.
  7. The Developer is not responsible for the availability, legality, quality, safety, accuracy, or performance of any advertised product or service.
  8. The Developer may change, add, remove, or relocate advertisements at any time.
  9. Advertising software development kits may remain included in the App even when advertisements are not displayed to a particular User.

10. Premium Features

  1. The App may offer premium features through a one-time in-app purchase.
  2. Premium features may include advertisement removal, backup functions, import functions, or other features identified within the App or application store.
  3. A “one-time purchase” means only that the applicable purchase is not structured as an automatically renewing subscription.
  4. A one-time purchase does not guarantee that:
    1. The App will remain available permanently.
    2. Premium features will remain available permanently.
    3. The App will receive permanent maintenance or updates.
    4. The App will remain compatible with all future devices or operating systems.
    5. All future features will be provided without additional charge.
    6. The App will continue to be distributed in every country or region.
  5. The Developer may change the name, design, implementation, availability, technical requirements, or operation of premium features.
  6. The Developer may offer future functions, products, versions, applications, or services as separate paid products, even if they are similar to or related to existing premium features.
  7. Purchasing premium features does not transfer any ownership right or intellectual property right in the App to the User.
  8. Premium access may be disabled if the purchase is refunded, canceled, reversed, invalidated, determined to be fraudulent, or cannot be verified.

11. Purchases, Billing, and Refunds

  1. In-app purchases are processed by Apple App Store or Google Play.
  2. The applicable application store, rather than the Developer, processes payments and manages payment methods, purchase records, taxes, billing, cancellations, and refunds.
  3. The Developer does not directly receive or store the User’s complete credit card number, bank account number, application store password, or other complete payment credentials.
  4. Before making a purchase, the User is solely responsible for confirming:
    1. The price and currency.
    2. The nature of the product.
    3. The functions included.
    4. Device and operating system compatibility.
    5. Application store requirements.
    6. Any applicable taxes or charges.
  5. The Developer has no obligation to issue refunds directly.
  6. Refund requests must be submitted through the procedures provided by Apple or Google.
  7. The Developer does not control and cannot guarantee the outcome of any refund request.
  8. If a purchase is refunded, canceled, reversed, or invalidated, access to the associated premium features may be terminated immediately.
  9. The User must not initiate fraudulent refund requests, chargebacks, receipt manipulation, or other attempts to obtain premium features without valid payment.

12. Restoration of Purchases

  1. The App may provide a function for restoring eligible purchases.
  2. Restoration generally requires the same application store account that was used for the original purchase.
  3. A purchase may not be restorable where:
    1. A different Apple Account or Google account is being used.
    2. The User changes from iOS to Android or from Android to iOS.
    3. The relevant product is no longer available.
    4. The receipt or purchase history cannot be verified.
    5. The purchase has been refunded, canceled, or invalidated.
    6. The application store or RevenueCat is unavailable.
    7. The User changes country, region, store, or account status.
    8. Technical or platform restrictions prevent restoration.
    9. The purchase was not eligible for restoration.
  4. The Developer does not guarantee that any purchase can be restored in every situation.
  5. The User is solely responsible for maintaining access to the application store account used for the original purchase.

13. Third-Party Services

  1. The App may rely on services, software, platforms, libraries, application programming interfaces, or infrastructure provided by third parties.
  2. These third parties may include Apple, Google, RevenueCat, Google AdMob, operating system providers, device manufacturers, cloud storage providers, and other service providers.
  3. The Developer does not control third-party services.
  4. Third-party services may be changed, suspended, restricted, discontinued, or made unavailable without notice to the Developer or the User.
  5. The Developer does not guarantee the availability, security, accuracy, performance, legality, or continued operation of any third-party service.
  6. The User’s use of a third-party service is governed by the terms and privacy policies of that third party.
  7. The Developer is not a party to any transaction, agreement, dispute, or relationship between the User and a third-party service provider.

14. Support and Maintenance

  1. The App is provided primarily as a self-service product.
  2. The Developer has no obligation to provide:
    1. Individual instructions or training.
    2. Device or operating system configuration assistance.
    3. Individual troubleshooting.
    4. Investigation of individual errors or incidents.
    5. Recovery or repair of User data.
    6. Inspection or conversion of backup files.
    7. Investigation of an application store account.
    8. Investigation of purchase history.
    9. Feature additions or modifications requested by the User.
    10. Responses to inquiries.
    11. Responses within any specific period.
    12. Bug fixes, updates, maintenance, or continued development.
    13. Compatibility with future devices or operating systems.
  3. The existence of a contact form, email address, website, application store page, or other communication method does not create any obligation to read, acknowledge, investigate, respond to, or resolve any inquiry.
  4. The Developer may decide, in the Developer’s sole discretion, whether and how to respond to any communication.
  5. Submission of an inquiry does not create a service agreement, support obligation, response deadline, warranty, or other duty on the part of the Developer.

15. Prohibited Conduct

The User must not:

  1. Use the App in violation of any applicable law or regulation.
  2. Use the App for fraudulent, unlawful, harmful, abusive, or deceptive purposes.
  3. Infringe the rights of the Developer or any third party.
  4. Copy, reproduce, distribute, sell, lease, rent, sublicense, publish, or commercially exploit the App except as expressly authorized by the Developer.
  5. Reverse engineer, decompile, disassemble, decode, modify, translate, adapt, or create derivative works from the App, except where such restriction is prohibited by mandatory law.
  6. Circumvent or attempt to circumvent any technical restriction, purchase mechanism, license verification, advertising function, security measure, or access control.
  7. Modify, forge, manipulate, or misuse purchase records, receipts, advertising identifiers, entitlement information, or other technical data.
  8. Fraudulently generate advertisement impressions, clicks, or interactions.
  9. Interfere with or disrupt the operation of the App or a third-party service.
  10. Introduce malware, malicious code, corrupted files, or other harmful material.
  11. Attempt to gain unauthorized access to the App, related systems, or third-party services.
  12. Use automated systems, scripts, bots, or similar technologies to misuse or interfere with the App.
  13. Use the App in any safety-critical, medical, emergency, transportation, financial, legal, or other high-risk environment.
  14. Enter, export, import, store, or share another person’s information without lawful authority.
  15. Impersonate the Developer or another person or entity.
  16. Use the App in a manner that could expose the Developer to legal liability, reputational harm, technical risk, or financial loss.
  17. Assist or encourage another person to engage in any prohibited conduct.
  18. Engage in any other activity that the Developer considers inappropriate or inconsistent with the intended use of the App.

16. Intellectual Property

  1. All rights, title, and interest in and to the App belong to the Developer or the applicable rights holder.
  2. Protected materials include the App’s source code, object code, name, logo, design, interface, graphics, text, data structures, database design, functions, documentation, and other content.
  3. These Terms do not transfer any intellectual property right to the User.
  4. The User may not remove, obscure, or alter any copyright, trademark, attribution, ownership, or other proprietary notice contained in the App.
  5. “Zen Flow,” “Zen Flow – Daily Timeline,” related logos, and related branding may not be used without prior authorization from the applicable rights holder.

17. User Feedback

  1. The User may voluntarily submit ideas, suggestions, proposals, comments, bug reports, or other feedback regarding the App.
  2. The User grants the Developer a perpetual, worldwide, irrevocable, unrestricted, transferable, sublicensable, royalty-free right to use, reproduce, modify, adapt, publish, distribute, commercialize, and otherwise exploit such feedback for any purpose.
  3. The Developer has no obligation to:
    1. Keep feedback confidential.
    2. Use or implement feedback.
    3. Credit the User.
    4. Notify the User.
    5. Pay compensation or royalties.
  4. The User represents that the User has the right to provide the feedback and that the Developer’s use of it will not violate the rights of any third party.

18. Changes to the App

  1. The Developer may, at any time and without prior notice:
    1. Modify the App.
    2. Add, remove, restrict, or replace functions.
    3. Change the design or interface.
    4. Change the technical requirements.
    5. Change supported devices or operating systems.
    6. Change the price of future purchases.
    7. Change advertising arrangements.
    8. Change the availability of free or premium functions.
    9. Change the App’s name or branding.
    10. Release a replacement or successor application.
  2. An update may alter or remove existing settings, behavior, data formats, or functions.
  3. The Developer has no obligation to maintain compatibility with previous versions of the App.
  4. The Developer has no obligation to continue distributing, maintaining, updating, or developing the App.
  5. Failure to install an update may cause some or all functions of the App to stop working.

19. Suspension and Discontinuation

  1. The Developer may suspend, restrict, discontinue, withdraw, or terminate the App or any part of it at any time, temporarily or permanently, with or without prior notice.
  2. Reasons may include:
    1. Maintenance or technical changes.
    2. Security concerns.
    3. Operating system or application store changes.
    4. Changes to third-party services.
    5. Legal or regulatory requirements.
    6. Application store decisions.
    7. Commercial or financial considerations.
    8. Lack of profitability.
    9. Changes in the Developer’s business or development priorities.
    10. Any other reason determined by the Developer.
  3. The Developer has no obligation to maintain the App, free functions, premium functions, backup compatibility, purchase restoration, or access to previously available features indefinitely.
  4. The User is solely responsible for exporting or preserving any data before the App or any function becomes unavailable.
  5. A purchase does not create an obligation for the Developer to provide the App or any function permanently.

20. Termination of the User’s Rights

  1. The Developer may terminate or suspend the User’s license or access without prior notice if the User violates these Terms or uses the App in a manner that the Developer considers unlawful, fraudulent, harmful, abusive, or inappropriate.
  2. Upon termination, the User must immediately stop using and uninstall the App.
  3. Termination does not require the Developer to issue a refund.
  4. Provisions relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, governing law, jurisdiction, and any provisions that by their nature should survive will remain effective after termination.

21. Disclaimer of Warranties

  1. THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
  2. THE USER USES THE APP ENTIRELY AT THE USER’S OWN RISK.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, DUTIES, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
  4. THIS DISCLAIMER INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF:
    1. MERCHANTABILITY.
    2. SATISFACTORY QUALITY.
    3. FITNESS FOR A PARTICULAR PURPOSE.
    4. ACCURACY.
    5. COMPLETENESS.
    6. RELIABILITY.
    7. AVAILABILITY.
    8. SECURITY.
    9. QUIET ENJOYMENT.
    10. TITLE.
    11. NON-INFRINGEMENT.
    12. FREEDOM FROM ERRORS, DEFECTS, OR HARMFUL COMPONENTS.
  5. THE DEVELOPER DOES NOT WARRANT THAT:
    1. THE APP WILL MEET THE USER’S REQUIREMENTS OR EXPECTATIONS.
    2. THE APP WILL ALWAYS BE AVAILABLE.
    3. THE APP WILL OPERATE WITHOUT INTERRUPTION, DELAY, ERROR, OR FAILURE.
    4. THE APP OR ANY DATA WILL BE ACCURATE, COMPLETE, OR CURRENT.
    5. NOTIFICATIONS WILL BE DELIVERED OR DISPLAYED AT ANY PARTICULAR TIME.
    6. DATA WILL BE STORED, PRESERVED, RECOVERED, OR TRANSFERRED.
    7. BACKUP OR IMPORT OPERATIONS WILL SUCCEED.
    8. PURCHASES OR PURCHASE RESTORATION WILL BE COMPLETED.
    9. THE APP WILL BE COMPATIBLE WITH ANY PRESENT OR FUTURE DEVICE OR OPERATING SYSTEM.
    10. THIRD-PARTY SERVICES WILL REMAIN AVAILABLE.
    11. DEFECTS OR ERRORS WILL BE CORRECTED.
    12. THE APP WILL BE FREE FROM SECURITY VULNERABILITIES OR HARMFUL COMPONENTS.
    13. ANY FUNCTION OR FEATURE WILL CONTINUE TO BE PROVIDED.
  6. NO INFORMATION, STATEMENT, DESCRIPTION, SCREENSHOT, COMMUNICATION, OR RESPONSE FROM THE DEVELOPER CREATES A WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.

22. Complete Disclaimer of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, COST, EXPENSE, CLAIM, INJURY, DEATH, LIABILITY, OR OTHER ADVERSE CONSEQUENCE ARISING OUT OF OR RELATING TO:
    1. THE APP.
    2. THE USE OR INABILITY TO USE THE APP.
    3. ANY USER DATA.
    4. ANY NOTIFICATION.
    5. ANY BACKUP OR IMPORT OPERATION.
    6. ANY PURCHASE, BILLING EVENT, REFUND, OR PURCHASE RESTORATION.
    7. ANY ADVERTISEMENT OR ADVERTISER.
    8. ANY THIRD-PARTY SERVICE.
    9. ANY CHANGE, INTERRUPTION, SUSPENSION, OR DISCONTINUATION.
    10. ANY SUPPORT REQUEST OR LACK OF SUPPORT.
    11. ANY ACT OR OMISSION OF THE USER OR A THIRD PARTY.
    12. ANY OTHER MATTER CONNECTED WITH THE APP.
  2. THIS EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING:
    1. CONTRACT.
    2. BREACH OF WARRANTY.
    3. TORT.
    4. NEGLIGENCE.
    5. GROSS NEGLIGENCE.
    6. WILLFUL MISCONDUCT.
    7. STRICT LIABILITY.
    8. STATUTORY LIABILITY.
    9. EQUITY.
    10. RESTITUTION.
    11. UNJUST ENRICHMENT.
    12. ANY OTHER LEGAL OR EQUITABLE THEORY.
  3. THE DEVELOPER SHALL NOT BE LIABLE FOR ANY:
    1. DIRECT DAMAGE.
    2. INDIRECT DAMAGE.
    3. ORDINARY DAMAGE.
    4. SPECIAL DAMAGE.
    5. INCIDENTAL DAMAGE.
    6. CONSEQUENTIAL DAMAGE.
    7. EXEMPLARY DAMAGE.
    8. PUNITIVE DAMAGE.
    9. ECONOMIC LOSS.
    10. NON-ECONOMIC LOSS.
    11. PERSONAL INJURY.
    12. ILLNESS.
    13. DEATH.
    14. PROPERTY DAMAGE.
    15. LOSS, CORRUPTION, ALTERATION, DUPLICATION, OR DISCLOSURE OF DATA.
    16. DATA RECOVERY OR RECREATION COST.
    17. LOSS OF PROFITS OR REVENUE.
    18. LOSS OF BUSINESS OR BUSINESS OPPORTUNITY.
    19. LOSS OF CONTRACT.
    20. LOSS OF CUSTOMERS.
    21. LOSS OF GOODWILL OR REPUTATION.
    22. INTERRUPTION OF BUSINESS OR ACTIVITIES.
    23. FAILURE TO MEET A DEADLINE, APPOINTMENT, PAYMENT, FILING, RESERVATION, OR OTHER OBLIGATION.
    24. EMOTIONAL DISTRESS OR MENTAL SUFFERING.
    25. COST OF SUBSTITUTE PRODUCTS OR SERVICES.
    26. ANY OTHER LOSS OR DAMAGE OF ANY KIND.
  4. THIS EXCLUSION APPLIES EVEN IF:
    1. THE DEVELOPER WAS ADVISED OF THE POSSIBILITY OF THE DAMAGE.
    2. THE DAMAGE WAS FORESEEABLE.
    3. THE DEVELOPER COULD HAVE PREVENTED OR REDUCED THE DAMAGE.
    4. A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    5. THE APP’S PRIMARY FUNCTION FAILS.
    6. THE USER PAID FOR PREMIUM FEATURES.
  5. THE DEVELOPER SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENCE ARISING FROM:
    1. A MISSED, DELAYED, DUPLICATED, OR INCORRECT NOTIFICATION.
    2. LOSS OR CORRUPTION OF USER DATA.
    3. FAILURE OF A BACKUP OR IMPORT.
    4. DEVICE FAILURE, LOSS, THEFT, REPLACEMENT, OR RESET.
    5. OPERATING SYSTEM OR APP UPDATES.
    6. CHANGES TO DEVICE SETTINGS.
    7. USER ERROR.
    8. PURCHASE OR RESTORATION FAILURE.
    9. AN ADVERTISEMENT OR THIRD-PARTY WEBSITE.
    10. APPLE, GOOGLE, REVENUECAT, GOOGLE ADMOB, OR ANOTHER THIRD PARTY.
    11. UNAUTHORIZED ACCESS, CYBERATTACK, MALWARE, OR SECURITY INCIDENT.
    12. CHANGES TO OR TERMINATION OF THE APP.
    13. FAILURE TO RESPOND TO AN INQUIRY.
    14. FORCE MAJEURE OR ANY EVENT OUTSIDE THE DEVELOPER’S CONTROL.
  6. THE USER ASSUMES ALL RISKS ASSOCIATED WITH THE DOWNLOAD, INSTALLATION, PURCHASE, USE, MISUSE, OR INABILITY TO USE THE APP.
  7. WHERE APPLICABLE LAW DOES NOT PERMIT A PARTICULAR EXCLUSION OF WARRANTY OR LIABILITY, THAT EXCLUSION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THAT LAW.
  8. IF APPLICABLE MANDATORY LAW PREVENTS THE COMPLETE EXCLUSION OF A PARTICULAR LIABILITY, THE DEVELOPER SHALL BE RESPONSIBLE ONLY FOR THE MINIMUM LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED, AND NO MORE.

23. Indemnification

  1. To the maximum extent permitted by applicable law, the User agrees to defend, indemnify, reimburse, and hold harmless the Developer and the Developer’s licensors, contractors, service providers, successors, and assigns from and against all claims, demands, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable legal fees, arising out of or relating to:
    1. The User’s use or misuse of the App.
    2. The User’s violation of these Terms.
    3. The User’s violation of applicable law.
    4. The User’s infringement of any third-party right.
    5. Information entered, stored, exported, imported, or shared by the User.
    6. The User’s backup files.
    7. The User’s dealings with an advertiser or third-party service.
    8. Any claim made by a third party as a result of the User’s conduct.
  2. The Developer may assume exclusive control of the defense or settlement of any matter subject to indemnification.
  3. The User must provide all cooperation reasonably requested by the Developer.
  4. The User may not settle any claim in a manner that imposes liability, obligations, restrictions, or admissions on the Developer without the Developer’s prior written consent.

24. App Store and Platform Terms

  1. Where the App is obtained through Apple App Store, these Terms are entered into between the User and the Developer, and not between the User and Apple.
  2. Apple has no obligation to provide maintenance or support services for the App.
  3. To the extent permitted by applicable law, Apple has no warranty obligation concerning the App.
  4. The Developer, and not Apple, is responsible for addressing any claim concerning the App to the extent that responsibility cannot legally be excluded.
  5. Apple is not responsible for investigating, defending, settling, or discharging any third-party intellectual property claim relating to the App.
  6. Apple and its subsidiaries are intended third-party beneficiaries of these Terms and may enforce applicable provisions against the User.
  7. The User must comply with all applicable third-party terms when using the App.
  8. The User represents that the User is not:
    1. Located in a country or region subject to an applicable government embargo.
    2. Listed on an applicable government list of prohibited or restricted parties.
  9. Where the App is obtained through Google Play or another platform, the User must comply with the applicable terms of that platform.

25. Force Majeure

The Developer shall not be responsible for any delay, interruption, failure, loss, or inability to perform caused by circumstances beyond the Developer’s reasonable control, including:

  1. Natural disasters.
  2. Fire, flood, earthquake, storm, or severe weather.
  3. War, terrorism, civil disorder, or government action.
  4. Epidemic or pandemic.
  5. Power failure.
  6. Internet or telecommunications failure.
  7. Cyberattack or unauthorized access.
  8. Failure of an application store, cloud provider, operating system provider, advertising provider, payment provider, or other third party.
  9. Labor dispute.
  10. Changes in law or regulation.
  11. Any other event beyond the Developer’s reasonable control.

26. Changes to These Terms

  1. The Developer may change these Terms at any time.
  2. Revised Terms will become effective when published on the applicable website, made available through the App, or on a later date specified by the Developer.
  3. The Developer may, but is not required to, provide additional notice of material changes.
  4. The User is responsible for reviewing the current version of these Terms.
  5. Continued use of the App after revised Terms become effective constitutes acceptance of the revised Terms to the maximum extent permitted by applicable law.
  6. Where applicable mandatory law requires separate consent, the Developer may request such consent through an appropriate method.

27. Assignment

  1. The User may not assign, transfer, delegate, sublicense, or otherwise dispose of any right or obligation under these Terms without the Developer’s prior written consent.
  2. The Developer may assign, transfer, delegate, sublicense, or otherwise dispose of any right or obligation under these Terms in connection with:
    1. A sale or transfer of the App.
    2. A business transfer.
    3. A merger or reorganization.
    4. A change in the Developer’s business structure.
    5. A transfer to an affiliate, successor, or service provider.
    6. Any other business or operational purpose.
  3. Any prohibited assignment by the User is void.

28. Severability

  1. If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law.
  2. The remaining provisions will remain in full force and effect.
  3. Any invalid or unenforceable provision will be interpreted or modified to reflect its original purpose as closely as legally possible.

29. No Waiver

  1. A failure or delay by the Developer to exercise any right or remedy does not waive that right or remedy.
  2. A waiver of one violation does not waive any other or subsequent violation.
  3. Any waiver by the Developer must be express and in writing.

30. Entire Agreement

  1. These Terms, together with the applicable Privacy Policy and mandatory application store terms, constitute the entire agreement concerning the User’s use of the App.
  2. These Terms supersede all prior or contemporaneous understandings, communications, statements, proposals, or representations concerning the subject matter of these Terms.
  3. No expectation, assumption, description, advertisement, screenshot, statement, or communication modifies these Terms unless expressly incorporated into them by the Developer.
  4. Headings are provided only for convenience and do not affect interpretation.

31. Official Language

  1. The official and controlling language of these Terms is English.
  2. Any translation into another language is provided solely for convenience.
  3. If there is any conflict, inconsistency, ambiguity, or difference in interpretation between the English version and a translated version, the English version will prevail to the maximum extent permitted by applicable law.

32. Governing Law and Jurisdiction

  1. These Terms and all matters arising out of or relating to the App are governed by the laws of Japan, without regard to conflict-of-law principles.
  2. To the maximum extent permitted by applicable law, any dispute, claim, action, or proceeding arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Japan having jurisdiction over the Developer’s domicile.
  3. The User irrevocably submits to the jurisdiction of those courts and waives any objection based on venue, inconvenience of forum, or similar grounds, to the maximum extent permitted by applicable law.
  4. Nothing in these Terms prevents the Developer from seeking injunctive, protective, or other urgent relief in any court or jurisdiction where the Developer considers such relief necessary.
  5. Mandatory laws applicable in the User’s country or region will apply only to the extent that they cannot lawfully be excluded by agreement.
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