Terms of Use

1. Agreement between you and us

These Terms of Use (the “Terms”) form a binding agreement between you and Briar Creek Tech LLC(“Briar Creek Tech,” “we,” “us,” or “our”), a limited liability company organized in North Carolina, United States. They govern your use of our mobile applications, including any updates, and together with our Privacy Policy they are the entire agreement between us regarding the apps.

You must be at least 13 years old to use our apps. If you are under the age of majority where you live, you may use the apps only with the involvement of a parent or legal guardian.

2. License to use the app

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the app on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service. This license is for your personal, non-commercial use unless we agree otherwise in writing.

You may not:

• Copy, modify, translate, or create derivative works of the app, except as permitted by law.
• Reverse engineer, decompile, or disassemble the app, or attempt to derive its source code, except to the extent that this restriction is prohibited by applicable law.
• Rent, lease, lend, sell, redistribute, or sublicense the app.
• Remove, obscure, or alter any proprietary notices in the app.
• Use the app to violate any law, infringe anyone’s rights, or transmit malicious code.
• Interfere with or disrupt the app, our servers, or the networks connected to them, including by automated scraping, excessive requests, or attempts to gain unauthorized access.

3. Your account

Some of our apps require you to create an account. You agree to provide accurate information, to keep your credentials confidential, and to be responsible for all activity that occurs under your account. Notify us promptly at carl@briarcreektech.com if you believe your account has been compromised.

You may delete your account at any time from within the app, or by emailing us. Deleting your account does not by itself cancel a paid subscription — see the section below.

4. Subscriptions, billing, and auto-renewal

Some of our apps offer auto-renewable subscriptions that unlock additional features. The following terms apply to those subscriptions.

• The title, duration, and price of each subscription are shown in the app on the purchase screen before you buy. Prices are stated in your local currency and may vary by region.
• Payment is charged to your Apple Account at confirmation of purchase.
• Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your Apple Account will be charged for renewal within 24 hours prior to the end of the current period, at the price of the subscription you selected.
• You can manage your subscription and turn off auto-renewal in your Apple Account settings after purchase. Open the iOS Settings app, tap your name, then tap Subscriptions.
• Cancelling stops future renewals. You keep access for the remainder of the period you have already paid for, and the current period cannot be cancelled partway through.
• If we offer a free trial, any unused portion of that trial is forfeited when you purchase a subscription.

We may change subscription pricing. If we do, the new price will not apply to you until the start of a renewal period following notice to you, and Apple will ask you to consent to the new price where required.

5. Refunds

All purchases are processed by Apple, and refunds are handled by Apple under its own policies. We cannot issue refunds directly. To request one, visit reportaproblem.apple.com and sign in with your Apple Account. If you believe you were charged because of an error on our side, contact us and we will help however we can.

6. No professional or financial advice

Our apps are provided for general informational purposes only. Nothing in any of our apps constitutes financial, investment, tax, legal, accounting, or other professional advice, and nothing in them is a recommendation to buy, sell, or hold any security or asset, or to adopt any particular financial strategy.

Where an app presents economic figures, rates, projections, or calculations, those outputs are estimates based on the data and assumptions available to us. Economic data may be revised, delayed, or inaccurate, and calculated results may not reflect your actual circumstances. You are solely responsible for decisions you make, and you should consult a qualified professional before acting on anything you see in an app.

7. Your content

You retain ownership of the content you create or store in our apps. You grant us a limited license to host, store, transmit, and display that content solely to operate the app and provide the service to you. We do not use your content for advertising, and we do not sell it.

You are responsible for your content, and for keeping your own copies of anything important to you. We are not a backup service.

8. Our intellectual property

The apps, including their software, design, text, graphics, logos, and the names Briar Creek Tech and our product names, are owned by us or our licensors and are protected by intellectual property laws. Except for the license granted above, nothing in these Terms transfers any right, title, or interest in them to you.

9. Third-party services

Our apps rely on third-party services, including Apple, Google Firebase, and RevenueCat. Your use of those services may also be governed by their own terms and privacy policies, and we are not responsible for their acts or omissions. If an app links to a third-party website or resource, we provide that link for convenience and do not endorse or take responsibility for its content.

10. Availability and changes to the apps

We may modify, suspend, or discontinue an app or any of its features at any time, with or without notice. We may also release updates that you may need to install for the app to continue working. We are not liable to you for any modification, suspension, or discontinuation of an app, though we will make reasonable efforts to give notice where a change materially reduces functionality you have paid for.

11. Termination

You may stop using the apps at any time by deleting them from your device and, where applicable, deleting your account. We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, or if continuing to provide the app to you would create legal or security risk. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and governing law — will survive.

12. Disclaimer of warranties

To the fullest extent permitted by law, the apps are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the apps will be uninterrupted, error-free, secure, or free of harmful components, or that any data or results obtained through them will be accurate or reliable.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, Briar Creek Tech LLC and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the apps, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the apps will not exceed the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or twenty-five United States dollars (US$25).

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

14. Indemnification

You agree to indemnify and hold harmless Briar Creek Tech LLC from any claims, damages, liabilities, and reasonable legal fees arising out of your misuse of the apps, your violation of these Terms, or your violation of any law or the rights of a third party.

15. Terms that apply because the app comes from Apple

The following terms apply to apps you obtain from the Apple App Store, and are required by Apple:

• Acknowledgement. These Terms are between you and Briar Creek Tech LLC only, and not with Apple. We, not Apple, are solely responsible for the app and its content.
• Scope of license. The license granted to you is limited to a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. We are solely responsible for providing maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If 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.
• Product claims. We, not Apple, are responsible for addressing any claims 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.
• Intellectual property claims. We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party claim that the app infringes that party’s intellectual property rights.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms of agreement. You must comply with any applicable third-party terms of agreement when using the app.
• Developer name and contact. The app is provided by Briar Creek Tech LLC, Charlotte, North Carolina, United States. For questions, complaints, or claims regarding the app, contact us by email at carl@briarcreektech.com or by telephone at 704.641.5514.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-law rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina, for any dispute that is not subject to small-claims court. Nothing here prevents either party from seeking injunctive relief where appropriate, and this section does not deprive you of the protection of mandatory consumer laws in your country of residence.

17. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page, and where the changes are material we will provide additional notice. Continuing to use the apps after an update means you accept the revised Terms.

18. Contact us

Questions about these Terms? Contact Briar Creek Tech LLC at carl@briarcreektech.com or 704.641.5514. Our address is Briar Creek Tech LLC, Charlotte, North Carolina, United States.