Terms of Service

Effective Date: January 4, 2025 · Last Updated: January 4, 2025

Please read these Terms carefully. By downloading, installing, or using Rotinely, you agree to be bound by these Terms of Service. If you do not agree, do not use the App.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Rotinely ("we," "us," or "our") governing your use of the Rotinely mobile application ("App").

By accessing or using the App, you confirm that you:

Are at least 13 years old (or 16 in the EEA)
Have the legal capacity to enter into this agreement
Agree to comply with these Terms and all applicable laws

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Download and install the App on devices you own or control
Use the App for personal, non-commercial purposes

This license does not include the right to:

Modify, adapt, or create derivative works of the App
Reverse engineer, decompile, or disassemble the App
Sublicense, sell, rent, or lease the App to third parties
Use the App for any commercial purpose without our written consent

3. Subscriptions and Payments

3.1 Subscription Terms

Rotinely may offer subscription-based premium features. By purchasing a subscription, you agree that:

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
Payment is charged to your Apple ID account upon confirmation of purchase
Renewal is charged within 24 hours before the end of the current period at the same price
You can manage and cancel subscriptions in your App Store account settings

3.2 Free Trials

If a free trial is offered:

The trial period will be specified at the time of signup
The trial automatically converts to a paid subscription unless cancelled before it ends
Any unused portion of a free trial is forfeited upon purchasing a subscription
One free trial per Apple ID

3.3 Pricing Changes

We may change subscription prices at any time. Price changes will take effect at the start of the next subscription period following notice to you. Your continued use after the price change constitutes acceptance of the new price.

3.4 Refunds

All purchases are processed by Apple and subject to Apple's refund policy
We do not provide refunds for partial subscription periods
To request a refund, contact Apple Support or use the "Report a Problem" feature in the App Store

4. User Conduct

You agree NOT to:

Violate any applicable laws, regulations, or third-party rights
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
Circumvent, disable, or interfere with security features of the App
Use the App for any illegal, harmful, or unauthorized purpose
Share, transfer, or resell your subscription or account access
Introduce malware, viruses, or other harmful code
Interfere with or disrupt the App's operation or servers
Use automated systems (bots, scrapers) to access the App

5. Your Content and Data

5.1 Ownership

You retain all ownership rights to the routines, data, and content you create within the App ("Your Content"). We do not claim any ownership over Your Content.

5.2 Data Storage

Your Content is stored locally on your device and, if enabled, synced via your personal iCloud account. We do not have access to Your Content. See our Privacy Policy for details.

5.3 Data Loss

While we design the App to safely store your data, we are not responsible for data loss due to device failure, iOS updates, uninstallation, or other circumstances beyond our control. We recommend enabling iCloud sync for backup purposes.

6. Intellectual Property

6.1 Our Property

The App, including its design, features, functionality, code, graphics, logos, and all other elements (excluding Your Content), are owned by us and protected by copyright, trademark, and other intellectual property laws.

6.2 Trademarks

"Rotinely" and associated logos are our trademarks. You may not use our trademarks without prior written permission.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

7. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the App will be uninterrupted, error-free, or secure
Warranties regarding the accuracy or reliability of any information obtained through the App

Important: Routines created in the App are for personal organization and informational purposes only. They are not a substitute for professional medical, health, fitness, or other expert advice. Always consult appropriate professionals for such guidance.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
We shall not be liable for any loss of data, profits, goodwill, or other intangible losses
Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $50 USD, whichever is greater

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Rotinely and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use or misuse of the App
Your violation of these Terms
Your violation of any third-party rights
Your violation of any applicable laws or regulations

10. Dispute Resolution

10.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at the email below and attempt to resolve the dispute informally for at least 30 days.

10.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or your use of the App shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or equivalent arbitration body in your jurisdiction
Arbitration shall be conducted in English
The arbitrator's decision shall be final and binding
Judgment on the arbitration award may be entered in any court with jurisdiction

10.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You waive your right to participate in a class action lawsuit or class-wide arbitration against us.

10.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

For EU residents: Nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Updating the "Last Updated" date at the top of this page
Providing notice through the App or App Store update notes

Your continued use of the App after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the App.

13. Termination

13.1 By You

You may terminate these Terms at any time by uninstalling the App and discontinuing use. Active subscriptions must be cancelled through your App Store account settings.

13.2 By Us

We may suspend or terminate your access to the App immediately, without prior notice, if you:

Violate these Terms
Engage in fraudulent or illegal activity
Engage in conduct that may harm us, other users, or third parties

13.3 Effect of Termination

Upon termination:

Your license to use the App is immediately revoked
You must delete the App from all devices
Sections that by their nature should survive (including Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law) shall survive termination

14. Apple App Store Terms

The following additional terms apply to your use of the App downloaded from the Apple App Store:

These Terms are between you and Rotinely only, not with Apple Inc. ("Apple")
Apple has no obligation to provide maintenance, support, or warranty for the App
Apple is not responsible for addressing any claims related to the App or your use of it
Apple is not responsible for any third-party claims that the App infringes intellectual property rights
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you
You must comply with the App Store Terms of Service
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government prohibited or restricted party list

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 No Third-Party Beneficiaries

Except for Apple as stated in Section 14, these Terms do not create any third-party beneficiary rights.

17. Contact Us

If you have questions about these Terms, please contact us:

Email: support@rotinely.app