Terms of Use

Updated 2021-06-21


The Simple Calendar Tracker mobile application and the services that underly it and connect to it (“App”) are operated by Kitten Cat LLC (“Company”, “we”, “us”, “our”, “the owner”).

This policy is also available at https://www.simplecalendartracker.com/terms_of_use/.

Agreeing to the terms

These Terms and Conditions of Use (the “Terms of Use”) apply to the App. BY USING THE APP, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE APP.

You must be over 18 years of age to access and use the App.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to register an account with the App and use the App.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the App is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

We collect personal information

Your privacy is important to us. When you use the App, we collect some of your personal information. Any participation in this App will constitute acceptance of the privacy policy.

Your use of the App

You may not attempt to gain unauthorized access to any portion or feature of the App, or any other services, systems, or networks connected to the App or to any of our servers or services, by hacking, password “mining”, or any other illegitimate means.

You may not probe, scan or test the vulnerability of the App or any underlying or connected service, nor breach the security or authentication measures on the App or any underlying or connected service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the App, or any other customer of ours, including any account not owned by you, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App, or any systems or networks connected to the App or to us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person’s use of the App.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the App for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.

Disclaimer of warranties

We disclaim any responsiblity for any harm resulting from your use (or use by your employees, agents, or contractors) of the App.

WE DO NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

THE APP AND ANY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP IS PROVIDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE APP OR THE USE OR OTHER DEALINGS IN THE APP. THE OWNER AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APP AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU USE THE APP AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP AT YOUR OWN DISCRETION AND RISK.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the App.

Violation of These Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the App, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the App, and the public.

You agree that we may, at our sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the App. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

You agree that we may, at our sole discretion and without prior notice, terminate your access to the App, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the App or any service offered on or through the App, or (4) unexpected technical issues or problems.

If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the App as a result of any violation of these Terms of Use.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and us with regard to your use of the App, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with us, we will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between you and us or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.