Terms of Use

Interpretation

Words with initial capital letters have the meanings defined below. These definitions apply whether the words appear in singular or plural.

Definitions

Application

The software program provided by the Company and downloaded by You on an electronic device, named Tempo.

Application Store

The digital distribution service operated by Apple Inc. (Apple App Store) through which the Application is downloaded.

Affiliate

An entity that controls, is controlled by, or is under common control with a party. "Control" means ownership of 50% or more of the shares, equity interest, or securities entitled to vote for directors or other managing authority.

Country

The United Kingdom. These Terms are governed by the laws of England and Wales unless mandatory consumer laws in Your country require otherwise.

Company

Andy Wu, 82 James Carter Road, Mildenhall, IP28 7DE, United Kingdom. The Company is referred to as "the Company", "We", "Us", or "Our" in these Terms.

Device

Any device that can access the Service, such as a cellphone, tablet, or computer.

Service

The Application and any related local storage, optional iCloud sync, subscription, support, and website services provided for Tempo.

Terms

These Terms of Use, which form the entire agreement between You and the Company regarding use of the Service.

Third-party Service

Any service, content, data, information, product, or functionality provided by a third party that may be displayed, included, integrated, or made available by the Service.

You

The individual accessing or using the Service, or the company or other legal entity on behalf of which that individual accesses or uses the Service.

Acknowledgment

These Terms govern use of the Service and set out the rights and obligations of all users. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms.

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access or use the Service.

You must be at least 13 years old and old enough to use online services in Your country. Where local law requires parental consent for younger users, You may use Tempo only with that consent.

Your use of the Service is also conditioned on acceptance of Our Privacy Policy, which explains what information We collect, how We use it, and how You can exercise privacy rights.

Your Data and Content

You can use Tempo without a Tempo account, with habit data stored locally on Your device. If You enable premium iCloud sync, Tempo can back up and sync Your habits, completions, sessions, and settings through Your private iCloud account.

You are responsible for keeping access to Your Apple ID and iCloud account secure. You keep ownership of habit names, notes, schedules, completions, and other content You create in Tempo. You authorize the Application to store, sync, back up, and display that content to You through the local app and optional iCloud sync feature.

License and Intellectual Property

The Application, including its software, design, branding, text, graphics, and other content We provide (but excluding Your own habit content), is owned by the Company or its licensors and is protected by intellectual property laws. "Tempo" and related names and logos are Our marks.

Subject to these Terms, We grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to download and use the Application on Apple-branded devices that You own or control, for Your own personal, non-commercial use, in accordance with the applicable App Store Usage Rules. We reserve all rights not expressly granted to You.

Subscriptions and Premium Features

Tempo may offer optional premium subscriptions, such as monthly or yearly plans. Prices, duration, renewal terms, trials, and included premium features are shown before purchase in the App Store purchase flow.

Payment is charged to Your Apple ID at confirmation of purchase. Subscriptions renew automatically unless You cancel at least 24 hours before the end of the current billing period. You can manage or cancel subscriptions in Your App Store account settings.

If a free trial or introductory offer is available, its length and terms are shown at purchase. Any unused portion of a free trial period is forfeited when You purchase a subscription. Unless You cancel at least 24 hours before the trial ends, the trial automatically converts to a paid, auto-renewing subscription at the price shown, charged to Your Apple ID.

Apple handles payment processing, cancellations, and refund requests under Apple's App Store terms. Deleting Tempo or erasing app data does not automatically cancel an active App Store subscription.

We may add, modify, or remove free or premium features as Tempo develops. If a change materially affects a paid subscription, We will handle it consistently with App Store rules and applicable consumer law.

Acceptable Use

You agree not to misuse Tempo, interfere with the Service, attempt unauthorized access, reverse engineer the Application except where law allows it, use the Service to violate law, or upload content that infringes someone else's rights.

Health and Professional Advice

Tempo is a habit tracking and focus tool. It is not medical, mental health, legal, financial, or other professional advice. You are responsible for deciding how to use the Service and whether it is appropriate for Your circumstances.

Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites or services.

We strongly advise You to read the terms and privacy policies of any third-party websites or services You visit.

Third-party Services

Tempo relies on providers such as Apple for App Store distribution, in-app purchases, notifications, and optional private iCloud storage; RevenueCat for subscription management; PostHog for product analytics; and Sentry for crash, error, and diagnostic reporting. Those services may have their own terms and privacy policies. We are not responsible for third-party services outside Our control.

Termination

We may suspend or terminate access immediately, without prior notice or liability, for any reason, including if You breach these Terms, create risk for the Service or other users, or if required by law. Upon termination, Your right to use the Service will cease immediately.

You can erase Tempo data from within the Application or by uninstalling the Application. If premium iCloud sync is enabled, use Tempo's erase-data controls or Apple/iCloud controls where available to remove synced backup data. Erasing app data does not cancel subscriptions; cancel those through Apple.

Limitation of Liability

To the maximum extent permitted by applicable law, the entire liability of the Company and any suppliers under these Terms, and Your exclusive remedy for all claims, is limited to the amount You paid through the Service in the 12 months before the claim or USD 100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, the Company and its suppliers will not be liable for special, incidental, indirect, consequential, exemplary, or punitive damages, including loss of profits, loss of data, business interruption, personal injury, loss of privacy, or inability to use the Service.

Some jurisdictions do not allow certain exclusions or liability limits. In those jurisdictions, liability will be limited to the greatest extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud or mandatory consumer rights.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE", with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, and error-free operation.

Without limiting the above, We do not warrant that the Service will meet Your requirements, achieve intended results, be compatible with every device or system, operate without interruption, meet any performance or reliability standard, or that errors or defects will be corrected.

Governing Law

The laws of England and Wales govern these Terms and Your use of the Service, excluding conflict-of-law rules. Your use of the Application may also be subject to other local, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at tempoenquire@gmail.com.

For European Union Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that You are not located in a country subject to a United States government embargo or designated by the United States government as a terrorist-supporting country, and that You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

The failure to exercise a right or require performance of an obligation under these Terms will not affect a party's ability to exercise that right or require that performance later. A waiver of one breach will not constitute a waiver of any later breach.

Changes to These Terms

We reserve the right to modify or replace these Terms at Our discretion. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice before new terms take effect. What constitutes a material change will be determined at Our discretion.

By continuing to access or use the Service after revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, please stop using the Service.

Contact Us

If You have questions about these Terms, contact Us by email: tempoenquire@gmail.com.