Almanac Terms of Service

1. Acceptance

These Terms of Service and Supplemental End-User Terms ("Terms") are a legal agreement between you and Myworkingmemory LLC ("Company," "we," "us," or "our") for Almanac: Word Workout, the myworkingmemory.ai pages for Almanac, support materials, and related services (collectively, the "Services").

By downloading, purchasing, opening, accessing, or using the Services, you agree to these Terms and the Almanac Privacy Policy. If you do not agree, do not use the Services.

You consent to transact electronically. Your purchase, download, installation, opening of the App, or continued use after legally sufficient notice may constitute electronic assent under applicable electronic-signature law.

2. Definitions

"App" means Almanac: Word Workout. "Company Parties" means Company and its members, managers, officers, employees, agents, contractors, licensors, service providers, successors, assigns, and affiliates. "Practice Record" means the local words, answers, timings, word states, review intervals, practice days, settings, and related progress generated through the App. "User Content" means a month card, support message, feedback, or other material you create, submit, store, or share through or about the Services. "You" means the person who purchases, downloads, accesses, plays, or uses the Services.

3. Product description

Almanac is a vocabulary practice game distributed through the Apple App Store for iPhone, iPad, Mac, and Apple Vision Pro. It presents word-recall sets, schedules words for return, assigns local review states, and offers a timed Gauntlet. It is intended to make deliberate word practice engaging; it does not promise a particular educational, cognitive, health, professional, or life outcome.

• The App is a one-time purchase at the price shown in your storefront, with no subscription, advertising, or recurring charge.
• The current App contains no in-app purchase and all advertised play is available after purchase.
• The Practice Record, local streak, grace day, standing, monthly activity, settings, and share-card generation remain on your device.
• Version 2 may migrate the aggregate Practice Ledger totals created by version 1 on the same installation into the new local record. Migration does not transmit the record to Company.
• Company provides no Almanac account, password, game server, public player profile, or in-game chat.
• Apple Game Center is optional and begins off. If you turn on a Game Center choice, the App may use Apple-hosted standings, achievements, challenges, and your Game Center display name as described below.

Company may update, modify, suspend, or discontinue the Services or a feature as described in these Terms.

4. Apple App Store and license terms

The App is licensed, not sold. If you download it through the Apple App Store and Company has not separately selected a custom license agreement in App Store Connect, Apple's standard licensed-application end-user license agreement applies to the App license.

These Terms supplement Apple's license terms and govern your relationship with Company for App use, Game Center features, support, acceptable use, User Content, dispute resolution, privacy-related disclosures, and Company protection. If these Terms conflict with a non-waivable Apple rule applicable to the transaction, Apple's rule controls for that transaction.

These Terms are between you and Company only, not Apple. Company, not Apple, is responsible for the App and its content, except as stated in Apple's rules and these Terms. Apple has no obligation to furnish maintenance or support for the App.

If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price if required by Apple's policies. To the maximum extent permitted by law, Apple has no other warranty obligation for the App. Company, not Apple, is responsible for addressing claims relating to the App, including product-liability, legal-compliance, consumer-protection, and intellectual-property claims.

You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a terrorist-supporting country, and that you are not listed on any U.S. government restricted-party list. Apple and Apple's subsidiaries are third-party beneficiaries of this section and may enforce it against you.

5. License grant

Subject to these Terms, Apple's applicable rules, and your compliance with these Terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for lawful personal purposes on Apple-branded devices that you own or control.

You do not acquire ownership of the App, source code, word collection, definitions, clues, examples, design, interface, artwork, icon, screenshots, documentation, product name, trademarks, scoring, scheduling, game balance, or other Company or licensor intellectual property.

Company may revoke this license if you breach these Terms, misuse the App or Game Center, create legal or operational risk, or if Company discontinues the Services.

6. Payment, refunds, and taxes

Apple processes your purchase and controls billing, taxes, Family Sharing, refunds, reversals, chargebacks, and purchase records under Apple's rules. Company does not receive your full payment-card number or Apple Account credentials.

The App has no subscription, consumable purchase, or recurring charge. Except where required by law or Apple's policies, the purchase is final and non-refundable. Apple controls App Store refund procedures. You are responsible for device, network, carrier, tax, and other third-party costs related to use.

7. No Company account; device and backup responsibility

Almanac does not require or provide a Company account, email sign-in, or Company password. The Practice Record and settings are stored on your device. Optional Apple Game Center authentication is an Apple service and does not create a Company account.

You are responsible for securing your device and Apple Account, managing device access and backup settings, and preserving any local record that matters to you. Removing the App or its data may permanently delete the Practice Record. Company cannot see, edit, recover, transfer, export, or restore that record for you and does not guarantee that local progress, Game Center progress, settings, or standings will be backed up, retained, accurate, or recoverable.

8. Apple Game Center

Game Center is operated by Apple, not Company. Almanac's Game Center sharing begins off. You may separately choose in the App whether to post standings, post achievement progress, or accept Gauntlet challenges. Enabling any choice asks Apple Game Center to authenticate you. You may keep every choice off and use the rest of Almanac without Game Center.

If standings are enabled, the App may submit selected aggregate scores to Apple, including best weekly Gauntlet rung, weekly correct words, monthly practice days, and all-time rooted words. If achievements are enabled, it may submit progress derived from local play. If challenges are enabled, Apple may provide invitations, deep links, notifications, or other challenge functions. The App may display the Game Center name Apple supplies during an authenticated experience.

Your Apple Account, Game Center name, friends, standings, achievements, challenges, notifications, privacy settings, retention, and service availability are governed by Apple. Company operates no Game Center server and does not promise that authentication, a submission, achievement, challenge, notification, or standing will be available, correct, accepted, preserved, or recoverable. Turning Almanac's Game Center choices off stops new Almanac submissions but does not delete information Apple already holds.

You must not falsify, manipulate, automate, replay, or tamper with scores, achievement progress, challenge state, Game Center identity, or the App's local record. You must not use Game Center features to deceive, harass, threaten, or infringe another person. Such conduct is a material breach and may also violate Apple's rules.

9. Sharing and User Content

The App can render a summary image of a completed month on your device. You decide whether and where to share it through Apple's share sheet. You are responsible for reviewing the image, choosing a lawful recipient, and understanding the recipient's terms and privacy practices. Company does not receive the image merely because it is created or shared.

You retain whatever rights you lawfully hold in User Content. You represent that you have the rights and permissions required for material you send to Company or share through the Services and that your use will not violate law, these Terms, or another person's rights.

If you send Company ideas, suggestions, requests, reviews, bug reports, product concepts, or other feedback, you assign to Company all rights in that feedback to the fullest extent permitted by law. If assignment is not permitted, you grant Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use it for any purpose without attribution or compensation.

10. Intellectual property

Company and its licensors retain all rights, title, and interest in the Services and related intellectual property. No rights are granted except the limited license expressly stated in these Terms.

You may not copy, modify, sell, lease, sublicense, publish, distribute, or commercially exploit the App or its content; reverse engineer, decompile, disassemble, derive source code from, bypass, or tamper with it except where non-waivable law permits; remove proprietary notices; scrape or harvest App content or metadata by automated means; use Company materials to train or evaluate a machine-learning system or build a competing dataset or product; or use Company names, marks, screenshots, trade dress, or assets in a way that suggests endorsement, affiliation, or ownership.

11. Acceptable use

You may not use the Services to violate law or third-party rights; create or share unlawful, infringing, abusive, deceptive, invasive, or harmful material; impersonate someone; interfere with, overload, bypass, disable, probe, scrape, automate, or attack the App or Game Center integration; falsify identity, authority, consent, payment, progress, or refund status; expose Company Parties to legal, platform, security, reputational, or operational risk; or assist anyone else in doing so.

Violation is a material breach. Company may preserve evidence, restrict support, terminate the license, notify Apple or authorities where appropriate, and seek injunctive or other relief.

12. No professional advice or guaranteed outcome

The Services are a word game and personal vocabulary practice. They are not a cognitive assessment, diagnosis, treatment, therapy, medical device, emergency service, educational credential, or substitute for a teacher, doctor, therapist, lawyer, accountant, financial adviser, or other qualified professional.

Word material is provided for general learning and entertainment and may be incomplete, simplified, disputed, dated, or unsuitable for a particular context. Consult an authoritative dictionary or qualified source when accuracy matters. Scores, streaks, states, standings, and completion do not measure intelligence, health, fitness, employability, or professional competence.

13. Third-party services and platforms

The Services may interact with or depend on Apple, iOS, iPadOS, macOS, visionOS, the App Store, Game Center, GameKit, device settings, backup systems, network providers, email, website hosting, and recipients you choose through the share sheet. Company Parties are not responsible for third-party acts, omissions, outages, rules, privacy practices, price changes, refund decisions, availability, compatibility, policy changes, or discontinuation.

14. Updates, changes, suspension, and discontinuation

Company may update, modify, suspend, discontinue, or terminate the Services or any feature at any time. Updates may add, change, or remove word material, scheduling, scoring, display, Game Center components, compatibility, price, or availability.

Company may update these Terms. Notice will be provided as required by law and may appear through a website posting, App Store release notes, in-App notice, email, or another reasonable method. Material amendments to dispute resolution, class waiver, jury waiver, liability, privacy, or other rights-affecting terms apply prospectively and may require affirmative assent where required. If you do not agree to updated Terms, stop using the Services.

15. Copyright and intellectual-property notices

The current App does not host a public gallery. If you believe Company-controlled material infringes your copyright, send a notice to Myworkingmemory LLC at the postal or email address in Section 25. Your notice should include the information required by 17 U.S.C. 512, including identification of the copyrighted work and allegedly infringing material, your contact information, statements of good-faith belief and accuracy under penalty of perjury, and your physical or electronic signature.

16. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, COMPATIBILITY, ERROR-FREE OPERATION, AND UNINTERRUPTED SERVICE.

COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, PRODUCE A PARTICULAR LEARNING OR COGNITIVE OUTCOME, PRESERVE YOUR PRACTICE RECORD OR GAME CENTER PROGRESS, WORK ON EVERY DEVICE OR OPERATING SYSTEM, REMAIN AVAILABLE, OR BE FREE FROM DEFECTS, ERRORS, INTERRUPTIONS, LOSS, CORRUPTION, OR SECURITY INCIDENTS.

Some jurisdictions do not allow certain warranty exclusions. Those exclusions apply only to the extent permitted by law, and non-waivable rights remain unaffected.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, CONTENT, PRACTICE HISTORY, STREAKS, WORD STATES, SCORES, ACHIEVEMENTS, CHALLENGES, OR STANDINGS; DEVICE FAILURE; BUSINESS INTERRUPTION; LOSS OF GOODWILL; COSTS OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM YOUR SHARING OR THIRD-PARTY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES' TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES, PURCHASE, THESE TERMS, OR PRIVACY POLICY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR TEN U.S. DOLLARS.

The exclusions and cap apply to every theory of liability and even if a remedy fails of its essential purpose. They do not exclude liability that cannot legally be excluded or limited.

18. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Company Parties from claims, demands, proceedings, losses, liabilities, judgments, damages, penalties, fines, costs, and reasonable attorneys' fees arising from or relating to your unlawful or unauthorized use of the Services; your breach of these Terms; your User Content or sharing; your violation of another person's rights; or your manipulation or misuse of Game Center or App records.

This section does not require a consumer to indemnify Company Parties for Company's own gross negligence, willful misconduct, or liability that cannot legally be shifted. Company may control the defense and settlement of an indemnified matter, and you will reasonably cooperate. You may not settle a matter in a way that admits fault by or imposes an obligation on a Company Party without Company's written consent.

19. Contract with the LLC only

Your agreement is with Myworkingmemory LLC only. To the maximum extent permitted by law, you agree not to bring a claim arising from the Services or these Terms against a Company member, manager, officer, employee, agent, contractor, or affiliate solely because of that person's role with Company. This does not waive a claim for a person's independent tort, fraud, willful misconduct, or other liability that law does not permit to be waived.

20. Dispute resolution

20.1 Informal resolution required

Before filing arbitration or litigation, the claimant must send a written notice describing the claimant, facts, legal basis, requested relief, and a good-faith settlement amount to the address in Section 25. The parties will try in good faith to resolve the dispute for 60 days after receipt. A limitations period is tolled during that 60-day period.

20.2 Binding individual arbitration

Except for qualifying small-claims matters and the equitable-relief exception below, disputes arising from or relating to the Services, purchase, these Terms, or Privacy Policy will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, Mass Arbitration Supplementary Rules. The Federal Arbitration Act governs. The arbitrator may award the same individual relief a court could award but may not combine claims or award relief for anyone other than the individual claimant.

20.3 Delegation

The arbitrator, not a court, will decide issues concerning the interpretation, applicability, enforceability, formation, scope, or validity of this arbitration agreement, except that a court will decide disputes about the class, representative, collective, consolidated, joinder, mass, or private-attorney-general waivers.

20.4 No class or representative proceedings

YOU AND COMPANY PARTIES AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLAIMANT, MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, JOINT, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS WITHOUT THE WRITTEN CONSENT OF EVERY PARTY.

20.5 Coordinated demands

If 25 or more similar arbitration demands are filed against Company Parties by the same or coordinated counsel or entities, AAA's applicable mass-arbitration rules govern administration. Similar claims may be batched, sequenced, mediated, or selected for bellwether proceedings as AAA rules or a process arbitrator permit, while each merits claim remains individual.

20.6 Jury trial waiver

FOR ANY CLAIM THAT IS NOT ARBITRATED, YOU AND COMPANY PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20.7 Arbitration opt-out

You may opt out of this arbitration section by emailing dean@myworkingmemory.ai within 30 days after you first accept these Terms. Include your name, Almanac: Word Workout, purchase platform, and a clear statement that you opt out of arbitration. Opting out does not opt you out of other Terms, including a class-action or jury-trial waiver to the extent enforceable outside arbitration.

20.8 Small claims

Either party may bring an individual claim in small-claims court if it qualifies and remains there. If the case is removed, appealed, transferred, or otherwise stops qualifying, either party may require arbitration.

20.9 Equitable relief

Company Parties may seek temporary, preliminary, or permanent injunctive or equitable relief in the state or federal courts located in Davidson County, Tennessee, for claims involving intellectual property, unauthorized access, cybersecurity, scraping, reverse engineering, acceptable-use violations, confidentiality, data misuse, fraud, or Game Center manipulation. This exception does not waive arbitration for damages or other claims.

20.10 Fees and confidentiality

For consumer arbitration, Company will pay fees above the consumer filing fee to the extent required by AAA rules and applicable law. An arbitration proceeding, filings, evidence, hearing, settlement communications, and award are confidential to the extent permitted by law, except for disclosure needed to enforce or challenge an award, comply with law, obtain professional advice, report to regulators where protected, or as otherwise legally required.

20.11 Severability and class-waiver blow-up

If a part of this section other than the class or consolidated-proceeding waiver is unenforceable, it will be severed and the rest remains effective. If the class or consolidated-proceeding waiver is unenforceable as to a claim or requested relief, this arbitration section is void only as to that claim or relief, which must proceed individually in court and never in class arbitration unless Company expressly agrees in writing after the dispute arises.

21. Governing law and forum

Tennessee law governs these Terms and the Services, excluding conflict-of-law principles, except that the Federal Arbitration Act governs arbitration. For claims not subject to arbitration and not brought in small-claims court, the exclusive forum and venue are the state and federal courts located in Davidson County, Tennessee, and you and Company Parties consent to personal jurisdiction there. Nothing waives a non-waivable consumer-protection right.

22. One-year limitation period

To the maximum extent permitted by law, a claim arising from or relating to the Services, purchase, Game Center use, these Terms, or Privacy Policy must be filed within one year after it arose or is permanently barred. This limitation does not apply where a longer period is non-waivable.

23. Export, sanctions, and government users

You must comply with U.S. export-control, sanctions, and denied-party laws and may not receive, use, or export the Services where prohibited. The App is commercial computer software and commercial computer software documentation under applicable FAR and DFARS provisions. Government users receive only the rights granted to other users under these Terms.

24. General terms

These Terms and the Privacy Policy are the entire agreement between you and Company regarding the Services and supersede prior or contemporaneous understandings. No waiver is effective unless written and signed by Company; failure to enforce is not a waiver. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the rest remains effective, subject to Section 20.

Company may assign these Terms and related rights or obligations to an affiliate, successor, acquirer, purchaser, contractor, or service provider, or in connection with a merger, acquisition, restructuring, sale of assets, change of control, or operation of law. You may not assign these Terms or the App license without Company's written consent.

Headings are for convenience. The rule construing ambiguities against a drafter does not apply. English controls over translations. Provisions that by nature should survive termination will survive, including intellectual property, User Content and feedback, acceptable use, disclaimers, liability limits, indemnity, LLC protection, dispute resolution, governing law, claim deadline, and general terms.

25. Contact

Myworkingmemory LLC
1515 Demonbreun St. 1121
Nashville, TN 37203
United States
Email: dean@myworkingmemory.ai

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