ACTENDA LLC

Terms of Service

By downloading or using apps published by Actenda LLC ("Actenda," "we," "us," or "our"), you agree to these Terms of Service ("Terms"). Please read them carefully.

Table of Contents

1. Eligibility
2. License & Acceptable Use
3. Accounts & Security
4. User Content
5. Health & Safety Notice
6. Subscriptions, Trials & Payments
7. Feature Terms by Category
8. App → Categories
9. Intellectual Property
10. Third-Party Services
11. Termination
12. Disclaimers
13. Limitation of Liability
14. Indemnification
15. Governing Law & Dispute Resolution
16. Changes to These Terms
17. Contact Us

1) Eligibility

You must be at least 13 years old (or 16 where required) to use our apps. If you are under the age of majority, you must have a parent or legal guardian's consent.

2) License & Acceptable Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use our apps for personal, non-commercial purposes. You agree not to: (a) reverse engineer or circumvent security; (b) access data you do not own or have permission to access; (c) use the services for unlawful, harmful, or infringing activities; or (d) interfere with service operation.

3) Accounts & Security

You are responsible for your device, account credentials, and keeping them secure. Notify us of any suspected unauthorized use.

4) User Content

Some apps let you create, upload, store, or share content (e.g., workouts, posts, comments, profile information). You retain ownership of your content. You grant Actenda a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your content solely to operate and provide the services. You are responsible for your content and for ensuring it does not violate laws or others' rights.

5) Health & Safety Notice

TopSet and PortionPerfect+ include fitness and/or diet features. Actenda does not provide medical advice. Information is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Consult a qualified professional before starting or changing any fitness or nutrition program. Use the services at your own risk.

6) Subscriptions, Trials & Payments

• Billing: Paid features may be offered via subscription or one-time purchases processed through Apple In-App Purchase. Subscription management and entitlements may be facilitated by providers such as RevenueCat.
• Auto-renewal: Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period in your App Store account settings.
• Trials: If a free trial is offered, unused portions are forfeited upon purchase when applicable.
• Refunds: Subject to Apple's refund policies. Contact Apple Support for billing issues related to App Store purchases.

7) Feature Terms by Category

• Local-Only Core: Data remains on your device; you are responsible for backing up if desired.
• Calendar Access: Limited to creating and managing a dedicated calendar; do not use for unauthorized access.
• Health & Fitness Data: Actenda does not provide medical advice; use at your own risk and consult professionals.
• Social/Community (optional): You are responsible for what you share; content must not violate laws or others' rights.
• Subscriptions & Payments: Managed via Apple; cancellations must be done through App Store settings.
• Notifications: Optional; respect device settings and do not spam.
• Analytics & Diagnostics: Helps us improve app stability and performance through error tracking with Sentry; opt-out if available.

8) App → Categories

• Actenda: Local-Only Core; Calendar Access; Notifications; Analytics & Diagnostics; Subscriptions & Payments
• TopSet: Local-Only Core; Health & Fitness Data; Social/Community (optional); Subscriptions & Payments; Notifications; Analytics & Diagnostics
• PortionPerfect+: Local-Only Core; Health & Fitness Data; Social/Community (optional, if launched); Subscriptions & Payments (if monetized); Notifications; Analytics & Diagnostics
• Zeitly: Local-Only Core; Calendar Access; Notifications; Analytics & Diagnostics; Subscriptions & Payments

9) Intellectual Property

The services, including software, interfaces, and content provided by Actenda (excluding your content), are owned by Actenda and its licensors and are protected by intellectual property laws. All trademarks, logos, and service marks are the property of their respective owners.

10) Third-Party Services

Our apps may integrate with third-party services (e.g., Apple Health, cloud storage, analytics and error tracking via Sentry, subscription infrastructure). Your use of those services may be subject to their terms and privacy policies.

11) Termination

You may stop using the apps at any time. We may suspend or terminate access if you violate these Terms or if we discontinue certain features or apps. Upon termination, the license in Section 2 ends.

12) Disclaimers

The services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted or error-free.

13) Limitation of Liability

To the maximum extent permitted by law, Actenda and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; or (c) unauthorized access, use, or alteration of your transmissions or content.

14) Indemnification

You agree to indemnify and hold Actenda and its affiliates, officers, agents, and employees harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising from your use of the services or violation of these Terms.

15) Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law rules. The exclusive venue for any dispute arising out of or relating to these Terms or the services will be the state or federal courts located in Saint Peters, Missouri, and you consent to personal jurisdiction there.

16) Changes to These Terms

We may modify these Terms from time to time. We will update the "Effective date" above and, where appropriate, notify you in the apps or by other reasonable means. If you continue to use the services after changes take effect, you accept the revised Terms.

17) Contact Us

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See also our Privacy Policy.