Terms of Use

Terms of Use (“Terms”) govern your use of the Timery application (“Timery” or “Application”) operated by Joseph Hribar (“I” or “me”).

By accessing and using Timery, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services. I may modify these Terms and the Privacy Policy at any time, and such modification will be effective upon posting to the Application.

Privacy Policy

Timery operates with a “your data is your data” policy. I don’t ever want apps to collect and sell my data, so I don’t collect and sell yours. Here’s how Timery handles certain personal data.

Timery uses your Toggl username and password or your Toggl API token to interface with the Toggl service. Your credentials are stored only in your device’s secure keychain.

Your saved timers are stored in iCloud to sync between your devices. This data is accessible on devices signed in with your Apple ID. Your saved timers are also stored along with your Toggl projects & tasks on the devices you use Timery on. This data is only stored on your device(s). Timery does not store or transmit your Toggl data outside your device(s), your iCloud account, and, of course, the Toggl service.

If you select to use automatic dark mode based on your location’s sunrise and sunset times, Timery uses your device’s current location (only if you grant permission) to calculate what times sunrise and sunset occur. Your location data is only used for this on-device calculation and nothing else.

By using Timery, you are, of course, subject to Toggl’s privacy policy.

Subscriptions

Some features of the Application are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or yearly basis depending on the type of subscription you select when purchasing a Subscription.

Payment will be charged to your Apple ID account at the confirmation of purchase or after the free trial period if offered. Your subscription will automatically renew unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. Any unused portion of a free trial period will be forfeited when you purchase a subscription.

All Subscriptions may be final and non-refundable. By accepting these terms, you agree that I am not required to provide a refund for any reason. I may change, modify, or eliminate features of the Subscription at any time, with or without notice. Any Subscription fee change will not go into effect automatically; you must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.

Third-Party Websites

Timery may contain links to third-party websites or services that are not owned or controlled by me.

I have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

Intellectual Property

Timery is owned and operated by Joseph Hribar. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by me are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that are provided and owned by Users, all materials contained on the Application are the property of me or my subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to me or my affiliates and/or third-party licensors. Except as expressly authorized by me, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. I reserve all rights not expressly granted in the Terms.

Limitation of Liability

In no event shall I, nor my partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Representations and Warranties

Your use of the Application is at your sole risk. The Application is provided on an “AS IS” and “AS AVAILABLE” basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance.

I do not warrant that the Application will function uninterrupted or will be available at any particular time or location.

Updates to these Terms

At times it may be necessary for me to make changes to the Terms such as due to changes in the services I offer, Apple’s policies and procedures, and/or the applicable laws of the United States. I reserve the right to update or modify the Terms at any time without prior notice. Please review the Terms periodically.

The Terms were last updated on the date indicated below. Any changes to the Terms will become effective upon posting to the Application. As set forth above, your continued use of the Application after any changes or revisions to the Terms shall indicate your acceptance and agreement with such revised Terms.

Governing Law

Any claim relating to Timery shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Last Updated: 29 March 2019

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