Myworkingmemory LLC

Cipher Terms of Service

Effective date: July 10, 2026 | Company: Myworkingmemory LLC, a Tennessee limited liability company

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 the Cipher: Secret Private Notes mobile application, related websites, support materials, and related services (collectively, the "Services").

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

You consent to transact electronically. Your download, purchase, tap, click, installation, opening of the App, or continued use after notice may constitute electronic assent under the federal E-SIGN Act and applicable state electronic-signature laws.

2. Definitions

"Company Parties" means Myworkingmemory LLC and its members, managers, officers, employees, agents, contractors, licensors, service providers, successors, assigns, and affiliates.

"User Content" means note titles, note text, dates, feedback, support messages, or other material you create, submit, store, save, send, share, or otherwise use through the Services.

"You" means the person who downloads, purchases, accesses, or uses the Services.

3. Product Description

Cipher is a paid-upfront private notes app. Notes are sealed behind a 4-digit code you create and, if you enable it, Face ID. The app locks itself when you leave, shows an opaque privacy shield in the app switcher, and offers a permanent “burn” delete. The App is distributed through the Apple App Store for iPhone and compatible Apple devices.

The Services are designed as follows:

Company may update, modify, suspend, or discontinue the Services or any feature as described below.

4. Apple App Store and License Terms

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

These Terms supplement the Apple license terms and govern your relationship with Company for App use, purchases, 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 App Store 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 claims, legal-compliance claims, consumer-protection claims, intellectual-property claims, and claims that the App fails to conform to applicable law.

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 payment terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for lawful personal or internal business purposes on Apple-branded devices that you own or control.

You do not acquire ownership of the App, source code, interface, design, trade dress, screenshots, icon, documentation, workflows, product name, trademarks, pricing structure, or other Company intellectual property.

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

6. One-Time Purchase, Refunds, and Taxes

The App is sold through the Apple App Store as a one-time purchase. Apple processes payment and may control billing, taxes, currency, Family Sharing, refunds, reversals, chargebacks, and purchase records under Apple's rules. Prices vary by storefront, currency, taxes, and fees, and the price shown in your local App Store at the time of purchase controls. Company does not receive your full payment-card number from Apple.

There are no subscriptions and no recurring charges. Except where required by law or Apple's policies, purchases are final and non-refundable, and Apple controls App Store refund procedures. You are responsible for taxes, device costs, data costs, carrier costs, and other third-party costs related to your use of the Services.

7. No Company Account; Device, Data, and Backup Responsibility

The App does not use a Company account. Your notes are stored locally on your device.

You are responsible for:

Company Parties do not guarantee that notes, settings, or other App data will be recoverable, backed up, restorable, available, or retained.

8. User Content

As between you and Company, you retain whatever rights you lawfully hold in your User Content, subject to these Terms, platform rules, and applicable law. Your notes stay on your device, and Company does not receive them through ordinary App use.

You are responsible for your User Content and any use, publication, or distribution of it. You represent and warrant that you have all rights, permissions, consents, and authority needed for the content and uses you submit, save, share, or publish.

If you send Company support messages, screenshots, or other material, you grant Company and Company Parties a limited, worldwide, non-exclusive, royalty-free license to host, process, reproduce, transmit, display, adapt, and use that material only as reasonably necessary to operate, support, secure, improve, enforce, document, test, defend, or provide the Services; respond to your support requests; comply with law; or process actions you initiate.

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

9. Local Data and Feature Risk

The App stores data locally and depends on your device, operating system, and settings. Features, formats, and data structures may change between versions. Deleting the App deletes its local data, subject to device backups you control.

Cipher's “burn” action permanently deletes a note immediately, with no trash, archive, or undo. If you forget your unlock code and cannot use Face ID, Company cannot reset the code or recover your notes, because Company holds no copy of your code or your notes. Do not use the App as the sole repository for records you are legally required to keep or cannot afford to lose.

You must not use the Services as evidence, identity verification, professional advice, legal proof, factual proof, safety-critical information, medical or mental-health information, financial guidance, or any rights-affecting decision tool.

10. Company Intellectual Property

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

You may not:

11. Acceptable Use

You may not use the Services to:

Violation of this section is a material breach. Company may preserve evidence, restrict support, suspend access, notify affected parties or authorities where appropriate, and seek injunctive relief.

12. No Professional Advice

The Services are note-taking and personal productivity tools. They are not a lawyer, doctor, therapist, qualified mental health professional, accountant, tax advisor, financial advisor, safety system, medical device, emergency service, identity-verification service, or other licensed professional.

The Services do not provide professional advice, do not create a professional relationship, and must not be used as a substitute for professional judgment. The Services are not intended for use in emergencies or for decisions that may cause death, bodily injury, financial loss, legal loss, discrimination, reputational harm, privacy harm, or deprivation of rights.

13. Third-Party Services and Platforms

The Services may interact with or depend on third-party platforms and systems, including Apple, iOS, App Store services, StoreKit, device settings, operating-system features, and cloud or backup systems you choose to use.

Company Parties are not responsible for third-party acts, omissions, outages, rules, refund decisions, privacy practices, data practices, price changes, availability, compatibility, policy changes, platform changes, or service 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 features, prices, limits, or availability.

Company may update these Terms. Company provides notice as required by applicable law and may provide notice by website posting, app-store release notes, in-app notice, email, or another reasonable method. Non-material updates apply to continued use to the extent permitted by law. 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 for enforceability.

If you do not agree to updated Terms, stop using the Services.

15. DMCA and Intellectual-Property Notices

The App does not host a public user gallery. If you believe Company-controlled material infringes your copyright, send a notice to:

Myworkingmemory LLC
Nashville, Tennessee, United States
Email: dean@myworkingmemory.ai

Your notice should include the information required by 17 U.S.C. 512, including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate, 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, PRESERVE YOUR CONTENT, WORK ON EVERY DEVICE OR OPERATING SYSTEM, REMAIN AVAILABLE, REMAIN COMPATIBLE WITH APPLE OR THIRD-PARTY SERVICES, OR BE FREE FROM DEFECTS, ERRORS, INTERRUPTIONS, LOSS, CORRUPTION, OR SECURITY INCIDENTS.

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, LOST REVENUE, LOST DATA, LOST CONTENT, BUSINESS INTERRUPTION, DEVICE FAILURE, LOSS OF GOODWILL, COSTS OF SUBSTITUTE GOODS OR SERVICES, PRIVACY HARM FROM YOUR SHARING, OR DAMAGES ARISING FROM THIRD-PARTY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES, PURCHASES, THESE TERMS, OR THE PRIVACY POLICY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100.

NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, INTENTIONAL TORTS, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS WAIVES NON-WAIVABLE RIGHTS UNDER THE TENNESSEE CONSUMER PROTECTION ACT OR OTHER APPLICABLE CONSUMER-PROTECTION LAWS.

18. Indemnification

You agree to defend, indemnify, and hold harmless Company Parties from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:

Company may control the defense of any matter subject to indemnification, and you agree to cooperate with Company.

19. Contract With the LLC Only; Covenant Not to Sue Members Individually

You acknowledge and agree that your contract is with Myworkingmemory LLC only, not with any individual member, manager, officer, employee, contractor, agent, licensor, successor, assign, service provider, or affiliate.

You acknowledge the Tennessee limited-liability-company liability shield reflected in Tenn. Code Ann. Section 48-249-114, including that members and other LLC actors are generally not personally liable for the LLC's debts, liabilities, or obligations solely by reason of that status.

To the fullest extent permitted by law, you covenant not to sue, name, demand recovery from, seek discovery from as a party, or seek personal liability against any member, manager, officer, employee, contractor, agent, licensor, successor, assign, service provider, or affiliate of Myworkingmemory LLC for any claim arising from or relating to the Services, purchases, these Terms, the Privacy Policy, or your use of the Services, except to the limited extent a non-waivable law permits a direct claim based on that person's own individual conduct.

This section is intended to protect the Company Parties, including the sole member of Myworkingmemory LLC, and survives termination.

20. Dispute Resolution

This section applies to all disputes, claims, actions, demands, controversies, or proceedings arising from or relating to the Services, purchases, these Terms, the Privacy Policy, communications, data, User Content, or any relationship between you and Company Parties.

20.1 Informal Resolution Required

Before starting arbitration or any court proceeding, you and Company must first send a written Notice of Dispute and participate in a 60-day informal negotiation period.

Your Notice of Dispute must be sent to dean@myworkingmemory.ai and must include your name, contact information, the App name, purchase platform, a description of the dispute, the relief requested, and enough information for Company to investigate.

Company's Notice of Dispute may be sent to the email address or mailing address associated with your purchase, support request, or other contact with Company.

No arbitration or lawsuit may be filed until the 60-day period ends, except for the small-claims and injunctive-relief exceptions below.

20.2 Binding Individual Arbitration

Except as expressly provided in this section, disputes will be resolved by final and binding individual arbitration administered by the American Arbitration Association under the AAA Consumer Arbitration Rules, including the AAA Mass Arbitration Supplementary Rules where applicable.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be seated in Nashville, Davidson County, Tennessee. Where AAA rules permit, hearings may occur by videoconference, telephone, documents-only procedure, or another remote method.

20.3 Delegation

The arbitrator has exclusive authority to resolve threshold and gateway questions, including issues relating to the interpretation, applicability, formation, validity, scope, enforceability, unconscionability, waiver, capacity, authority, agency, minor or guardian assent, or arbitrability of this section and these Terms, except that a court may decide whether the class-action waiver or class/consolidated-arbitration waiver below is enforceable if required by law.

20.4 Class, Representative, Consolidated, Joinder, and Class-Arbitration Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION.

THE ARBITRATOR MAY NOT CONDUCT CLASS ARBITRATION, COLLECTIVE ARBITRATION, CONSOLIDATED ARBITRATION, REPRESENTATIVE ARBITRATION, PRIVATE-ATTORNEY-GENERAL ARBITRATION, OR JOINT ARBITRATION, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON, EXCEPT TO THE LIMITED EXTENT THE MASS-ARBITRATION PROTOCOL BELOW EXPRESSLY ALLOWS ADMINISTRATIVE BATCHING WITHOUT CLASS, REPRESENTATIVE, OR CONSOLIDATED MERITS ADJUDICATION.

No arbitration award or decision will have preclusive effect for or against anyone who is not a party to that individual arbitration.

20.5 Mass-Arbitration Protocol

If 25 or more similar arbitration demands are filed against Company Parties by the same or coordinated counsel or entities, the AAA Mass Arbitration Supplementary Rules apply. A process arbitrator will decide administrative and procedural issues, including filing completeness, fee allocation as permitted by AAA rules, batching, sequencing, bellwether procedures, mediation timing, and other process-management issues.

Unless AAA rules require otherwise or the process arbitrator orders otherwise, similar claims may be batched for staged proceedings, bellwether merits determinations, global mediation, and efficient administration. Each claimant's claim remains an individual claim, and no class, consolidated, collective, representative, or joint merits arbitration is permitted.

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 sending an email to dean@myworkingmemory.ai within 30 days after you first accept these Terms. The email must include your name, the App name, purchase platform, and a clear statement that you opt out of arbitration.

Opting out of arbitration does not opt you out of any other part of these Terms, including the class-action waiver and 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 the claim qualifies and remains in small-claims court. If a small-claims case is removed, appealed, transferred, or otherwise stops qualifying as a small-claims case, either party may require arbitration.

20.9 Company Injunctive and 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, or fraud. This exception does not waive arbitration for damages or other claims.

20.10 Company Parties May Invoke and Are Bound

This section may be invoked by and against Company Parties, including members, managers, officers, employees, agents, contractors, licensors, service providers, successors, assigns, and affiliates. You agree that those persons and entities are intended beneficiaries of this section and may enforce it.

20.11 Fees

For consumer arbitrations, Company will pay arbitration fees above the consumer filing fee to the extent required by the AAA Consumer Arbitration Rules and applicable law. The arbitrator may award fees, costs, and sanctions where authorized by law, AAA rules, or these Terms.

20.12 Confidentiality

The arbitration proceeding, filings, evidence, hearing, settlement communications, and award are confidential to the extent permitted by law, except that a party may disclose them to enforce or challenge an award, comply with law, obtain legal, accounting, or insurance advice, report to regulators where legally protected, or as otherwise required by law.

20.13 Severability and Class-Waiver Blow-Up

If any part of this section other than the class-action waiver or class/consolidated-arbitration waiver is found unenforceable, that part will be severed and the rest of this section will remain in effect.

If the class-action waiver or class/consolidated-arbitration waiver is found unenforceable as to any claim or request for relief, then this entire arbitration section is void as to that claim or request for relief, and that claim or request for relief must proceed individually in court, not in class arbitration.

Under no circumstances may a dispute proceed in class arbitration, representative arbitration, collective arbitration, consolidated arbitration, or private-attorney-general arbitration unless Company gives express written consent 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 the arbitration section.

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. You and Company Parties consent to personal jurisdiction there.

Nothing in this section waives or limits any non-waivable right under the Tennessee Consumer Protection Act or any other applicable consumer-protection law.

22. One-Year Limitation Period

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

23. Export, Sanctions, and Government Users

You must comply with U.S. export-control, sanctions, and denied-party laws. You represent that you are not prohibited from receiving the Services under U.S. law and will not use or export the Services in violation of law.

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 all 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 in writing and signed by Company. Failure to enforce a provision is not a waiver.

If any provision is unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect, subject to the class-waiver blow-up clause in the Dispute Resolution section.

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

Headings are for convenience only. The rule that ambiguities are construed against the drafter does not apply. English controls over translations.

Sections that by their nature should survive will survive termination, including intellectual-property, User Content, feedback, acceptable use, local-data risk, disclaimers, limitation of liability, indemnity, LLC/member protection, dispute resolution, governing law, claim deadline, and general provisions.

25. Contact

Myworkingmemory LLC
Nashville, Tennessee, United States
Email: dean@myworkingmemory.ai

Myworkingmemory LLC · Nashville, Tennessee, United States · dean@myworkingmemory.ai