These terms cover your use of Agos LLC's apps, services, and this website. They are written to be readable. Where something matters, it is stated plainly rather than buried.
Agreement
By downloading, installing, or using an Agos LLC product, you agree to these terms. If you do not agree, do not use the products. If you are using a product on behalf of a child in your care, you agree to these terms on their behalf and you are responsible for their use.
Who may use our products
You must be at least 13 to create an account with us, or the minimum age required in your country if it is higher. Children under 13 may take part in an Everyday Counter group only where a parent or guardian has created that group and provided verifiable consent, as described in our privacy policy.
Your licence
We give you a personal, non-exclusive, non-transferable licence to use our apps on devices you own or control, for your own non-commercial use. Apps distributed through the App Store are also subject to Apple's licensed application end user licence agreement, and where these terms conflict with Apple's, Apple's terms govern that app.
You may not resell, redistribute, or rent our apps; copy or modify them beyond what the law permits regardless of any agreement; reverse engineer them except where that right cannot lawfully be restricted; or remove any notice of ownership.
What we own and what you own
We own the apps, the software, the artwork, the names, and the logos. You own what you create and put into Everyday Counter.
We do not claim any ownership of your content and we do not take a licence to publish, display, or exploit it. We could not do so if we wanted to, because your content is encrypted before it reaches us and we do not hold the key.
Acceptable use
Do not use our products to break the law, harass or endanger anyone, distribute malware, infringe someone else's rights, or attempt to gain unauthorised access to our systems or another person's account.
Everyday Counter exists to keep families and small groups connected privately. Using it to harm a member of your group, or to share material involving the exploitation of children, is a permanent end to your access and, in the latter case, a matter we will report to the authorities.
A limit worth understanding. Because Everyday Counter is end-to-end encrypted, we cannot see what is in a group and cannot moderate its content. Enforcement depends on reports from people in the group. The adult who administers a group controls its membership and is responsible for who is in it. If you need to report something, use the contact page.
Your content and your keys
Your Everyday Counter content is encrypted on your device with a key that stays with your group. We store encrypted data we cannot read.
This has a consequence you should be certain you understand before relying on the service: if your group loses its key, the content cannot be recovered. Not by you and not by us. There is no master key, no reset, and no support path that gets it back. Keep your key safe, and do not treat Everyday Counter as the only copy of anything you cannot bear to lose.
Purchases
Apps and in-app purchases bought through the App Store are transactions with Apple, and Apple's refund policy and terms of sale apply. We do not process those payments and cannot issue refunds for them. Requests go to Apple.
Fingularity is free to play up to a point, with optional paid content beyond it. What each purchase includes is described at the point of sale.
Where we sell anything directly, we will state the price, what it includes, and the refund position before you pay.
Availability and changes
We are a small studio. We aim to keep our products working and maintained, but we do not guarantee uninterrupted availability, and services may be unavailable for maintenance or reasons beyond our control.
We may change, suspend, or discontinue a product. If we discontinue a service where you keep content, we will give reasonable notice and a way to export what you have, so you are not left without warning.
Ending your use
You may stop using our products at any time, and you may delete your Everyday Counter account whenever you wish. We may suspend or end access where these terms are seriously or repeatedly broken, or where it is necessary to protect other people or comply with the law.
Disclaimers
Our products are provided as they are, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent the law allows.
Tach reports system information for your interest and convenience. It is a monitoring tool, not a diagnostic authority, and it should not be your only basis for a decision about hardware, repair, or data safety.
Limitation of liability
To the fullest extent permitted by law, Agos LLC is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost content arising from your use of our products. Our total liability for any claim relating to a product is limited to the greater of the amount you paid us for that product in the twelve months before the claim, or twenty-five US dollars.
Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you, and nothing here limits liability that cannot lawfully be limited.
Indemnity
You agree to cover our reasonable costs if a claim is brought against us because of your misuse of a product or your breach of these terms.
Governing law
These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Disputes will be brought in the state or federal courts located in California, and you and Agos LLC agree to their jurisdiction. If you are a consumer, this does not deprive you of protections you have under the law of the place where you live.
Apple
Apple is not a party to these terms and has no responsibility for our apps. Apple is not obliged to provide support for them. If an app fails to conform to a warranty, you may notify Apple for a refund of the purchase price, and Apple has no further obligation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
General
If part of these terms is found unenforceable, the rest continues to apply. Our not enforcing a term on one occasion does not waive it. You may not transfer your rights under these terms; we may transfer ours to a successor of the business. These terms, with our privacy policy, are the whole agreement between us about our products.
Changes to these terms
We may update these terms. The date at the top of this page shows when they last changed, and material changes will be flagged rather than slipped in quietly. Continuing to use a product after a change means you accept the updated terms.
Contact
Questions about these terms go through the contact page.