1. Parties and acceptance
These Terms of Service ("Terms") form an agreement between you and Michał Daniel Dobrzański, Poland ("we", "us"), the publisher of the Hourglass mobile application for Android and iOS (the "App"). By installing or using the App you accept these Terms. If you do not accept them, do not install or use the App.
To use the App you must be legally capable of entering into a binding agreement in your country, or have the consent of a parent or guardian who accepts these Terms on your behalf.
2. The App
The App is a countdown timer with a simulated sand animation and optional alarm notifications. It works offline and requires no account. The App is free of charge and displays a single banner advertisement. One optional, one-time in-app purchase removes the advertisement permanently and unlocks all sand colors (the "Unlock").
3. Store terms
The App is distributed through Google Play and the Apple App Store. The terms of the store from which you obtained the App also apply to your download, your store account and any payment, and prevail over these Terms in case of conflict to the extent they concern the store's own services.
If you obtained the App from the Apple App Store, you acknowledge that these Terms are concluded between you and us only, not with Apple Inc. ("Apple"); that Apple has no obligation to provide maintenance or support for the App; that if the App fails to conform to any applicable warranty you may notify Apple, which will refund the purchase price of the App, if any, to you, and that Apple has no other warranty obligation regarding the App; that we, not Apple, are responsible for addressing any claim relating to the App, including product liability, legal or regulatory compliance and consumer protection claims, and any claim that the App infringes third-party intellectual property rights; that you represent you are not located in a country subject to a United States government embargo or designated as a terrorist-supporting country, and are not on any United States government list of prohibited or restricted parties; and that Apple and its subsidiaries are third-party beneficiaries of these Terms, entitled to enforce them against you.
4. The Unlock
The Unlock is a non-consumable in-app purchase. The price, including applicable taxes, is shown by the store before you confirm the purchase. The Unlock is linked to your store account and may be restored, free of charge, on any device signed in to that account by using Restore purchases in the App's settings. The Unlock applies to the App only and grants no rights to other applications or services.
Payment, invoicing and refunds are handled by the store under its own policies. Requests for a refund, including any request based on a statutory right of withdrawal or a statutory warranty, must be submitted to the store. We have no access to your payment details and cannot process refunds ourselves.
5. Advertising
Advertisements in the App are provided by third parties. We do not control their content and do not endorse the products or services they promote. Any interaction with an advertiser, including any purchase, is solely between you and that advertiser and is governed by the advertiser's own terms. The choices you have regarding personalized advertising are described in the Privacy Policy.
6. License and acceptable use
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, in accordance with the usage rules of the store from which you obtained it.
You agree not to:
- copy, modify, translate, adapt or create derivative works of the App, or reverse engineer, decompile or disassemble it, except to the extent that applicable law expressly permits this despite a contractual restriction;
- rent, lease, lend, sell, redistribute or sublicense the App;
- circumvent, disable or interfere with the App's advertising or purchase mechanisms, or use the App in a way that generates fraudulent ad traffic;
- use the App in any way that is unlawful or that infringes the rights of others.
7. Timing accuracy and critical use
The App is a convenience timer. Mobile operating systems may delay, silence or suppress alarms and notifications, for example because of battery-saving features, Focus or Do Not Disturb modes, forced app stops, powered-off devices or denied notification permissions. Do not rely on the App where a missed or late alert could cause harm, including for medical, safety-related, professional or other critical timing purposes.
8. Intellectual property
The App, including its software, design, graphics, sounds, texts and trademarks, is owned by us or licensed to us and is protected by copyright and other intellectual property laws. Except for the license granted in section 6, no rights in the App are granted to you. The App includes third-party software components that are used under their respective licenses.
9. Privacy
The processing of personal data in connection with the App, including advertising, usage analytics and the verification of the Unlock, is described in the Privacy Policy, which forms part of these Terms.
10. Disclaimer of warranties
To the extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will operate without interruption or error, that defects will be corrected, or that the App will be compatible with every device or operating system version. Statutory warranties that apply to consumers under the law of your country of residence remain unaffected.
11. Limitation of liability
To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, revenue or opportunities, arising out of or in connection with your use of, or inability to use, the App. To the same extent, our total liability for all claims relating to the App is limited to the amount you paid for the Unlock or, if you have not purchased it, to the minimum amount required by law.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, liability for intentional misconduct or gross negligence, and liability under mandatory consumer protection law in your country of residence.
12. Changes to the App and to these Terms
We may modify, update or discontinue the App or any of its features at any time. We may also amend these Terms. Amended Terms are published on this page with a new effective date, and material changes are also brought to your attention in the App where feasible. Continued use of the App after amended Terms take effect constitutes acceptance of them. If you do not accept amended Terms, you must stop using the App and uninstall it.
13. Termination
You may terminate this agreement at any time by uninstalling the App. We may terminate or suspend your license if you materially breach these Terms. Sections 7, 8, 10, 11, 14 and 15 survive termination.
14. Governing law and disputes
These Terms are governed by the laws of Poland. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you habitually reside, and you may bring proceedings before the courts of that country. Consumers in the European Union may also use the out-of-court consumer dispute resolution bodies available in their country.
15. General provisions
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision does not constitute a waiver of it. You may not assign your rights under these Terms; we may assign ours to a successor of the App, and will notify you of any such assignment on this page.
16. Contact
Michał Daniel Dobrzański
dobrzanskioscillator@gmail.com