Terms of Use for Every Timer

These Terms of Use (“Terms”) are a legal agreement between you and Ulsh Solutions, LLC (“Ulsh Solutions,” “we,” “us,” or “our”) governing your use of the Every Timer application, including its Apple Watch and Wear OS apps, and any updates to it (the “App”).

By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App and delete it from your devices.

This agreement is between you and Ulsh Solutions only. It is not an agreement with Apple Inc. or Google LLC, and neither of them is responsible for the App or its content.

1. Eligibility

You must be old enough to enter into a binding contract where you live in order to accept these Terms. If you are a minor, you may use the App only with the involvement and consent of a parent or legal guardian who accepts these Terms on your behalf.

A parent or guardian who permits a minor to use the App is responsible for that use, including any purchases made through the device’s app store.

2. License to Use the App

Subject to these Terms, Ulsh Solutions grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on devices you own or control.

You may use the App for your own purposes, at home or at work — for example, to time your own training, a class you teach, or a meeting you run. What you may not do is copy, resell, or redistribute the App itself.

On Apple devices, this license is further governed by the Usage Rules in the Apple Media Services Terms and Conditions. On Android devices, it is further governed by the Google Play Terms of Service.

The App is licensed to you, not sold. Ulsh Solutions and its licensors retain all rights not expressly granted here.

3. Things You Agree Not to Do

You agree not to:

• Copy, redistribute, sell, rent, lease, lend, or sublicense the App, except as the applicable app store expressly permits
• Reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent that applicable law expressly permits despite this limitation
• Modify the App, or create derivative works based on it
• Circumvent, disable, or interfere with the purchase, entitlement, free-run, or licensing mechanisms in the App, or obtain Every Timer Pro without paying for it
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice
• Use the App in violation of any applicable law, or in a manner that infringes the rights of others

4. Free Use and Every Timer Pro

The App is free to download, and each timer type can be run a limited number of times at no cost, on your phone and separately on your watch.

Running a timer type after its free runs have been used requires Every Timer Pro, which you may buy either as an auto-renewing annual subscription or as a single one-time lifetime purchase. Which products are offered, what each one costs, and the terms of any introductory or free-trial offer are shown in the App and in the applicable app store before you buy.

When Every Timer Pro is active on your phone, the phone tells your watch, so the watch app is unlocked as well.

Ulsh Solutions may add, change, or remove timer types and features over time, and may change what is available without Every Timer Pro. We will not withdraw Every Timer Pro from a lifetime purchase while that purchase remains valid, except where we are required to do so by law, by a platform requirement, or by the loss of a right we need in order to offer it.

5. Subscriptions, Renewal, and Cancellation

The Every Timer Pro subscription is billed in advance, one year at a time, and renews automatically at the end of each billing period until canceled. The price is shown before purchase and in your app store account.

Your subscription renews automatically unless you cancel it at least 24 hours before the end of the current period. Canceling takes effect at the end of the period you have already paid for; you keep Every Timer Pro until then.

You manage and cancel the subscription in your app store account — the subscription settings for your Apple ID on iOS, or the Google Play subscriptions page on Android — not through Ulsh Solutions. We cannot cancel a subscription on your behalf, because we do not hold your subscription; the store does.

Where a free trial is offered, any unused portion is forfeited if you purchase a subscription during the trial period, to the extent the applicable app store so provides.

If your subscription lapses or is canceled, Every Timer Pro ends and the App returns to its free level of use. The timers, settings, and other information stored on your device are not deleted when a subscription ends.

6. Lifetime Purchase

The lifetime purchase is a single purchase rather than a subscription. It does not renew, is not billed again, and does not lapse.

It is tied to the app store account used to buy it, and can be restored on another device signed in to that account.

7. Payment, Billing, and Refunds

All purchases are processed by the app store from which you obtained the App. Ulsh Solutions does not process payments, does not receive your payment card number, and does not store payment credentials.

Billing, renewals, price changes, taxes, and refunds are handled by that store under its own terms and policies. Requests for refunds must be directed to the store, not to us, and the store decides them.

If you believe you have been charged in error, contact the applicable store first. We are glad to help where we can, but we cannot issue a refund for a transaction we did not process.

8. No Account; Information Stored on Your Device

The App has no account system. You do not create credentials with Ulsh Solutions, and we operate no server that stores your timers or settings.

Your timers, settings, timers in progress, free-run counts, and the other records listed in the Every Timer Privacy Policy are written to your device’s private application storage and remain there, apart from the copy your phone sends to your own watch. Deleting the App, clearing its data, or losing or replacing a device will remove that information, subject to any backup service your operating system provides. Ulsh Solutions cannot restore it, because we never had a copy.

How information is handled is described in full in the Every Timer Privacy Policy, which forms part of your agreement with us.

9. Health, Safety, and Alerts

Every Timer is a timing tool. It does not give medical, fitness, or health advice, and nothing in it is a substitute for advice from a physician or other qualified professional.

Exercise, stretching, and breathwork carry risk. Check with a physician before starting a new exercise or breathing routine, stop if you feel pain, dizziness, or discomfort, and do not practice breathing exercises while driving, in or near water, or anywhere that feeling lightheaded could be dangerous.

Whether a cue, notification, or spoken countdown reaches you depends on your device: its volume and silent settings, notification permissions, Focus or Do Not Disturb modes, battery, and whether its operating system lets the App keep running. Do not rely on the App as the only safeguard where a missed or late alert could cause injury, illness, or damage to property.

10. Intellectual Property

The App, including its software, design, sounds, text, and the Every Timer name, is owned by Ulsh Solutions or its licensors and is protected by copyright, trademark, and other laws.

Names of training formats and techniques that the App can time, such as Tabata, EMOM, AMRAP, and Pomodoro, are used only to describe them. Ulsh Solutions does not claim those methods or their names, and their use does not imply any affiliation with, or endorsement by, anyone associated with them.

Ideas and suggestions you choose to send us, including through Send feedback in the App, may be used without restriction or obligation to you, and we will not treat them as confidential. This covers the ideas themselves; your email address and the message that carries them are handled as the Every Timer Privacy Policy describes.

11. Updates, Changes, and Availability

We may release updates that add, change, or remove features. Your device or app store may install updates automatically depending on your settings.

We may modify or discontinue the App, in whole or in part, at any time. If we discontinue it, a lifetime purchase may become unusable once the App can no longer be installed or run, and we have no obligation to provide a replacement, though we will not do this lightly.

We do not guarantee that the App will operate uninterrupted or error-free, or that it will be compatible with every phone, every watch, or every future version of an operating system.

12. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ULSH SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the App will meet your requirements, that it will be uninterrupted or error-free, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In that case, any implied warranty is limited to the shortest period permitted by applicable law. This paragraph does not limit rights you have under consumer protection laws that cannot be waived by agreement.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ULSH SOLUTIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP AND EVERY TIMER PRO IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR FIVE UNITED STATES DOLLARS.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability for fraud, for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

14. Indemnification

You agree to indemnify and hold harmless Ulsh Solutions and its members, officers, and agents from any claim, demand, loss, or expense, including reasonable attorneys’ fees, arising out of your breach of these Terms, your misuse of the App, or your violation of applicable law or the rights of a third party.

This obligation does not apply to the extent a claim arises from our own negligence or willful misconduct.

15. Apple App Store

The following applies to the version of the App obtained from the Apple App Store, and is required by Apple:

• These Terms are between you and Ulsh Solutions only, not with Apple. Ulsh Solutions, not Apple, is solely responsible for the App and its content.
• Your license to use the App is limited to a non-transferable license to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to furnish any maintenance or support services for the App. Ulsh Solutions is solely responsible for maintenance and support.
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are the sole responsibility of Ulsh Solutions.
• Ulsh Solutions, not Apple, is responsible for addressing any claim relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• In the event of a third-party claim that the App or your use of it infringes that party’s intellectual property rights, Ulsh Solutions, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms of agreement when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you as a third-party beneficiary.

16. Google Play

The following applies to the version of the App obtained from Google Play:

These Terms are between you and Ulsh Solutions only, not with Google. Google is not a party to these Terms and is not responsible for the App or its content.

Your use of the App and of Google Play is also subject to the Google Play Terms of Service. Where those terms and these Terms conflict as to your relationship with Google, the Google Play Terms of Service govern that relationship.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

You and Ulsh Solutions agree to the exclusive jurisdiction of the state and federal courts located in the State of Texas for any dispute arising out of or relating to these Terms or the App, and each party consents to personal jurisdiction and venue there.

If you are a consumer resident in a jurisdiction whose law entitles you to the protection of mandatory consumer provisions or to bring proceedings in your local courts, nothing in this section deprives you of that right.

18. Changes to These Terms

We may update these Terms to reflect changes to the App, to applicable law, to platform requirements, or to our business practices. When we do, we will update the effective date shown at the top of this page.

Changes apply going forward. Continuing to use the App after an updated version takes effect means you accept it. If you do not accept a change, stop using the App and, if you wish, cancel any subscription through your app store.

A change to these Terms does not retroactively alter the price or billing period of a subscription you have already purchased; those change only through the app store, and only with the notice that store requires.

19. General

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will stay in full force.

Our failure to enforce a provision is not a waiver of it.

You may not assign or transfer these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, or by operation of law.

These Terms, together with the Every Timer Privacy Policy, are the entire agreement between you and Ulsh Solutions regarding the App, and supersede any prior understanding on that subject.