Time Progress — Terms of Use

Article 1 (Definitions)

In these Terms, the following terms shall have the meanings set forth below:

• (a) "User" means any person who installs or uses the Application;
• (b) "User Content" means the events, dates, names and settings entered by the User into the Application; and
• (c) "Store" means the application distribution service through which the User obtained the Application.

Article 2 (Grant of Licence)

The Developer grants to the User a personal, non-exclusive, non-transferable and revocable licence to install and use the Application on devices owned or controlled by the User, for the User's own purposes. The Application is licensed, not sold, and the Developer reserves all rights in the Application that are not expressly granted to the User under these Terms.

iOSIn the case of the iOS version, the licence granted under this Article is further subject to the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement, and to the usage rules set forth therein.

AndroidIn the case of the Android version, the licence granted under this Article is further subject to the Google Play Terms of Service, which govern the Store through which the Application is distributed.

Article 3 (User Content)

All rights in User Content belong to the User. The Developer claims no rights in User Content and, as set forth in the Privacy Policy, does not hold User Content, which is stored on the device of the User and, in the case of iOS, optionally in the User's own iCloud account.

As the Developer does not hold User Content, the Developer is unable to restore User Content. Where the loss of User Content would be of consequence to the User, the User should export User Content in CSV format.

Article 4 (Prohibited Acts)

The User shall not engage in any of the following acts:

• (a) copying, redistributing, reselling or renting the Application, or making the Application available to others as the User's own;
• (b) decompiling or reverse engineering the Application, except to the extent that applicable law expressly permits such acts notwithstanding a contractual provision to the contrary; or
• (c) using the Application in violation of any law, or in a manner that interferes with the services to which the Application connects.

Article 5 (No Purchases in the iOS Version) iOS

The iOS version of the Application is provided free of charge through the App Store. The current version offers no in-app purchase and no subscription, and all features are available without payment. Should a future version offer any paid feature, these Terms shall set forth the conditions thereof before such feature is offered.

Article 5 (No Purchases in the Android Version) Android

The Android version of the Application is provided free of charge and contains no in-app purchase and no subscription. Nothing is offered for sale, and the Application contains no billing code. Any purchase offered within software purporting to be the Android version of Time Progress does not originate from the Developer.

Article 6 (Modification and Discontinuation of the Application)

The Application is under continuous development, and the Developer may add, modify or withdraw any feature thereof; a future version may require a more recent version of the operating system. The Developer may discontinue the distribution of the Application in its entirety. A copy of the Application already installed shall remain usable for so long as the device of the User and the Store permit; provided, however, that the Developer gives no assurance that any particular feature will remain available indefinitely.

Article 7 (Disclaimer of Warranties)

The Application is provided "as is" and "as available". To the extent permitted by applicable law, the Developer makes no warranty of any kind with respect to the Application, including without limitation any warranty that the Application will operate without interruption or error or that it is fit for a particular purpose, and the Developer does not warrant that the calculations, reminders or widgets of the Application will at all times be accurate or timely. Where the laws of the country of the User do not permit such exclusions, this Article shall apply to the User only to the extent so permitted.

The Application is a personal organiser and not a professional planning tool. The User shall not rely on the Application as the sole means of observing any deadline, legal date, medical appointment or other matter in respect of which an error may result in significant loss.

Article 8 (Limitation of Liability)

To the extent permitted by applicable law, the Developer shall not be liable for any indirect or consequential loss, loss of profit, loss of opportunity or loss of data arising from the use of the Application by the User, including without limitation any loss arising from a reminder that was not delivered or an event that was not displayed. The aggregate liability of the Developer to the User for any claim in connection with the Application shall be limited to the amount paid by the User to the Developer for the Application during the twelve (12) months preceding such claim, which, in the case of the version provided free of charge, is nil.

Notwithstanding the foregoing, nothing in these Terms shall limit any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence and liability for fraud.

Article 9 (Apple) iOS

These Terms are concluded solely between the User and the Developer, and not with Apple. Apple is not responsible for the Application or the content thereof.

• (a) Apple has no obligation to provide any maintenance or support services with respect to the Application; such support is provided by the Developer at the address set forth in these Terms.
• (b) In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the Application to the User. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Application.
• (c) Apple is not responsible for addressing any claim by the User or any third party relating to the Application, including (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
• (d) In the event of any third-party claim that the Application infringes the intellectual property rights of that third party, the Developer, and not Apple, shall be responsible for the investigation, defence, settlement and discharge of such claim.
• (e) The User represents that the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that the User is not listed on any U.S. Government list of prohibited or restricted parties.
• (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and shall have the right to enforce these Terms against the User.

Article 9 (Google Play) Android

Google is not a party to these Terms, which are concluded solely between the User and the Developer, and Google is not responsible for the Application. The use of Google Play by the User is governed by the Google Play Terms of Service, and any matter concerning the Store itself, including the account of the User, any download and any payment made to Google, shall be a matter for Google.

Article 10 (Termination)

The User may terminate the agreement constituted by these Terms at any time by deleting the Application. The Developer may terminate such agreement in the event of a material breach of these Terms by the User, including, by way of example, any attack by the User on the services used by the Application or any distribution of the Application by the User as the User's own. Those provisions which by their nature are intended to survive termination, including the provisions concerning the end of the licence, the disclaimer of warranties and the limitation of liability, shall survive any such termination.

Article 11 (Governing Law and Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan, and the Tokyo District Court shall be the court of first instance for any dispute arising out of or in connection with these Terms. Notwithstanding the foregoing, where the User uses the Application as a consumer, nothing in this Article shall deprive the User of the protection afforded by the mandatory consumer protection laws of the country in which the User resides, or of any right of the User to bring proceedings in such forum as those laws may permit.

Article 12 (Amendment of these Terms)

In the event that the Developer amends these Terms, the Developer shall revise the date of last update indicated at the top of this page, and shall give notice of any material amendment within the Application or on this website before such amendment takes effect. The continued use of the Application by the User thereafter shall constitute acceptance of the amended Terms; a User who does not accept the amended Terms shall delete the Application.

Article 13 (Contact)

Inquiries concerning these Terms shall be directed to Shosin Labs at support@shosin-labs.com. The Developer reviews all communications received at that address and through the feedback function of the Application.