Terms of Use

Please read these Terms carefully. They explain your rights and responsibilities when using Photo Timestamp: GPS Date Time.

These Terms include important disclaimers, limitations of liability, an arbitration agreement, and a class action waiver. They affect your legal rights.

1. Who We Are

Myworkingmemory LLC ("Company," "we," "us," or "our") provides Photo Timestamp: GPS Date Time.

In these Terms, the "App" means Photo Timestamp: GPS Date Time, including the mobile application, updates, features, local app functionality, support services, websites, and any in-app purchases or entitlements made available through the App.

These Terms are between you and us, not Apple.

2. Acceptance Of These Terms

By downloading, installing, accessing, using, tapping "I Agree," tapping a purchase button, unlocking Full Access, or otherwise using the App, you agree to these Terms and acknowledge our Privacy Policy.

If you do not agree, do not use the App.

If you are under the age of majority where you live, your parent or legal guardian must agree to these Terms and supervise your use.

You must be at least 13 years old to use the App unless a parent or legal guardian permits and supervises your use.

3. Relationship To Apple's Terms

The licence for the App is Apple's Standard Licensed Application End User License Agreement. These Terms are supplemental product terms that sit alongside it; they are not a custom end user license agreement and are not submitted to Apple as one.

Where these Terms and Apple's Standard Licensed Application End User License Agreement address the same subject, Apple's agreement governs the licence and these Terms govern the product-specific matters described here.

Your download and use of the App are also subject to Apple's App Store, Apple Media Services, Apple Account, StoreKit, payment, refund, family sharing, and device rules and policies.

If these Terms conflict with Apple's required terms or applicable Apple usage rules, Apple's required terms or applicable usage rules control to the extent of the conflict.

4. Apple-Related Terms

These Terms are between you and Myworkingmemory LLC, not Apple. We, not Apple, are solely responsible for the App and its content.

We are responsible for providing maintenance and support for the App as described in these Terms or as required by applicable law. Apple has no obligation to provide maintenance or support for the App.

To the extent any warranty exists and has not been effectively disclaimed, we are responsible for that warranty. If the App fails to conform to any applicable warranty that has not been effectively disclaimed, you may notify Apple, and Apple may refund the purchase price for the App as required by Apple's applicable terms. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.

We, not Apple, are responsible for addressing claims relating to the App or your possession or use of the App, including product-liability claims, regulatory claims, and consumer-protection, privacy, or similar claims, except as otherwise required by law.

If a third party claims that the App or your possession and use of the App infringes that party's intellectual property rights, we, not Apple, are responsible for investigation, defense, settlement, and discharge of that claim, except as otherwise required by law.

You represent and warrant that you are not located in a country or region subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country or region, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

You must comply with applicable third-party terms when using the App, including terms from Apple, your wireless carrier, cloud-storage providers, websites, media platforms, payment processors, and any third-party apps or services you choose to use.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary.

Questions, complaints, or claims about the App should be directed to:

Myworkingmemory LLC
Email: dean@myworkingmemory.ai

5. License To Use The App

The App is licensed, not sold.

Subject to these Terms, we grant you a limited, personal, non-transferable, non-exclusive, revocable license to use the App on Apple-branded products that you own or control, as permitted by Apple's usage rules and these Terms.

You may use the App only for lawful personal or internal business purposes.

We reserve all rights not expressly granted to you.

6. License Restrictions

You may not, except to the extent a restriction is prohibited by applicable law:

• Copy, modify, adapt, translate, or create derivative works of the App.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Sell, rent, lease, sublicense, distribute, transfer, or make the App available over a network where it could be used by multiple devices at the same time except as permitted by Apple's rules.
• Remove, obscure, or alter proprietary notices.
• Interfere with or disrupt the App.
• Bypass, disable, or defeat usage limits, purchase requirements, entitlement checks, StoreKit functionality, security features, or technical restrictions.
• Use bots, scripts, automation, scraping, or bulk processes to abuse the App.
• Use the App to violate law, infringe rights, invade privacy, harass, stalk, surveil unlawfully, trespass, mislead others, or help someone else do any of these things.
• Use the App in any way that exceeds the license granted in these Terms.

7. What The App Does

Photo Timestamp is a practical photo documentation tool.

The App helps you take a photo, or import a photo you already have, and save a stamped copy carrying the date, time, GPS coordinates, address, job details, and photo number when those are available and switched on.

The App runs on iPhone, iPad, Mac, and Apple Vision Pro. On Mac and Apple Vision Pro you choose the photo files and the folder to save into; the App has access only to what you choose.

The visible stamp is intended to appear on the saved image itself.

The App is built for quick records, clean documentation, and ordinary practical use.

8. Practical Documentation Only

Photo Timestamp is not a legal evidence platform.

Photo Timestamp is not a chain-of-custody system.

Photo Timestamp is not a forensic authentication tool.

Photo Timestamp is not a tamper-proof storage service.

Photo Timestamp is not a secure evidence vault.

Photo Timestamp is not a regulated compliance archive.

Photo Timestamp does not guarantee that a photo will be accepted as legal evidence, insurance evidence, workplace evidence, regulatory evidence, business evidence, or proof in any proceeding or dispute.

Photo Timestamp does not guarantee that a stamped photo cannot be edited, altered, copied, deleted, overwritten, misused, misinterpreted, or challenged after saving.

Do not use the App as your only record for emergencies, legal deadlines, safety-critical documentation, regulated compliance, insurance claims, employment disputes, property disputes, litigation, or any situation where loss, inaccuracy, or unavailability of a photo could cause harm.

You are responsible for deciding whether the App is appropriate for your use case.

9. Your Responsibility

You are responsible for:

• What you photograph.
• Where you photograph.
• When you photograph.
• Who or what appears in your photos.
• The custom notes you enter.
• How you save, store, export, share, submit, or rely on stamped photos.
• Complying with laws, workplace rules, privacy rights, property rights, contractual duties, platform rules, and third-party rights.
• Obtaining any permissions or consents required to photograph people, property, documents, job sites, private locations, restricted areas, confidential information, or other subject matter.
• Reviewing stamped photos before relying on them.
• Confirming that important photos were saved successfully.
• Keeping backups or alternate records where needed.

The App does not determine whether your photography, documentation, sharing, or reliance is lawful, permitted, accurate, appropriate, or sufficient for your purpose.

10. Your Content

"Your Content" means photos, stamped photos, notes, metadata, files, images, screenshots, support communications, and other content you create, enter, capture, save, export, share, or send through or in connection with the App.

You retain any rights you have in Your Content.

We do not claim ownership of your photos or notes.

You represent and warrant that you have the rights, permissions, and lawful basis needed to create, capture, save, store, export, submit, or share Your Content.

You are solely responsible for Your Content and for how you use it.

If you choose to send content to us for support, you authorize us and our service providers to process that content only as needed to provide support, troubleshoot, maintain records, and protect our rights.

11. Location, Address, Date, And Time Limitations

GPS and address information can be unavailable, delayed, stale, incomplete, or inaccurate.

Location and address results may be affected by device settings, operating system behavior, signal quality, buildings, terrain, network conditions, Apple services, geocoding limits, permissions, battery mode, device hardware, and other factors outside our control.

The App may omit location details when a location fix is not acceptable.

Address information is an estimate and may not identify the exact property, building, unit, site, business, route, legal boundary, or location.

Date and time stamps depend on your device clock, time zone, locale, calendar, operating system settings, and device behavior.

Custom notes are entered by you and are not verified by the App.

You are responsible for reviewing date, time, location, address, and note information before relying on a stamped photo.

12. Photo Saving, Local Storage, And PendingSaves

The App attempts to save stamped photos to your photo library.

The App does not guarantee that every photo will save successfully in every circumstance.

Saving may fail or be delayed due to Photos permissions, device storage, iOS behavior, Apple Photos, iCloud settings, device settings, operating system changes, file corruption, app interruption, hardware issues, or other conditions outside our control.

If Photos permission or saving fails, the App may save the final stamped image inside the App's local storage so you can retry saving later.

PendingSaves are a recovery convenience, not a guaranteed backup system.

You should confirm that important photos appear in Photos before leaving a site, deleting the App, changing permissions, resetting your device, relying on the photo, or assuming the photo is available.

Deleting the App, deleting local files, resetting your device, disabling backups, running out of storage, or losing access to your device may permanently delete local App content, including PendingSaves.

We cannot access, recover, back up, or delete content stored only on your device.

The App is not a backup, disaster recovery, archival, records-management, or long-term storage service.

13. User-Directed Sharing And Third-Party Services

When you export, email, text, upload, AirDrop, open, or share content from the App, you are directing the App, your device, Apple, or another service to send that content to the destination you select.

We do not control third-party destinations.

Third-party apps, websites, services, cloud providers, messaging platforms, email providers, storage providers, employers, clients, courts, agencies, or other recipients may have their own terms, privacy practices, retention practices, security measures, and restrictions.

Once you share or export content, we cannot control who accesses, copies, stores, forwards, modifies, deletes, or relies on it.

Copies may remain outside the App even if you later delete the original content inside the App or from your device.

14. Free Exports, Full Access, And Earlier Paid Purchases

The App is a free download. It includes three free stamped-photo exports.

An export is counted by output image. One successfully written stamped photo counts as one export, and a batch that writes several stamped photos counts one for each image it writes. A batch may only use the free exports that remain; the rest are reported to you as needing Full Access, and nothing is charged for them.

An export that is cancelled, that fails, or that cannot be saved does not use a free export.

The three free exports are counted on the device you are using. The count is kept in that device's keychain, so deleting and reinstalling the App does not reset it. Using the App on a second device gives that device its own three free exports. Apple associates Full Access with the Apple Account used for the purchase. You can choose Restore Purchase on another device while signed in with that Apple Account.

After the three free exports are used, producing further stamped photos requires Full Access. You can still open the App, import photos, change the stamp design, and see a preview.

Full Access is a non-consumable in-app purchase at the price shown in the App at the time of purchase. Apple processes the purchase under the terms of your Apple Account.

Full Access unlocks unlimited stamped-photo exports for ordinary personal or internal business use, along with batch stamping, job presets, a logo or signature on the stamp, the full set of stamp design controls, automatic photo numbering, and Photo Log export as PDF and CSV.

"Unlimited" means no fixed in-app limit for ordinary use. It does not permit abuse, automated use, excessive use, unlawful use, resale, redistribution, interference with the App, or misuse of Apple systems.

If you purchased Photo Timestamp while it was a paid download before version 2.0, you may be eligible for Full Access. The App confirms eligibility with Apple using the record of your original purchase. You can choose Restore Purchase while signed in with the same Apple Account.

Full Access does not guarantee that the App will be available, maintained, supported, compatible with all future devices, compatible with all future operating systems, or commercially offered indefinitely.

We may change free limits, prices, features, or availability prospectively, subject to applicable law and Apple's rules.

Purchases are associated with the Apple Account used for the purchase. We may not be able to locate, transfer, modify, or restore purchases made under a different Apple Account except as permitted through Apple's systems.

Family Sharing availability depends on Apple's rules, your Apple Account settings, and whether the App or purchase supports Family Sharing.

If Apple issues a refund, we may revoke access to the refunded purchase, feature, content, or entitlement where permitted.

14A. Batch Stamping, Presets, Numbering, And Photo Logs

The App can stamp photos you import as well as photos you take. A batch is limited to 100 output images at a time.

Imported photos are stamped using the capture date and coordinates stored inside the file. When a file has no capture date, the App uses the date the file was added and tells you it has done so. When a file has no stored location, the photo is stamped with date and time only.

The App writes each stamped photo as a new file. It does not modify, overwrite, or delete your original photos.

A Photo Log lists the photos stamped since the App was opened and can be exported as PDF or CSV. Each line may include a thumbnail, the displayed date and time, coordinates and address when those are enabled, your job details and note, the photo number, and a SHA-256 value for the exported file.

The SHA-256 value is a consistency identifier only. It lets someone check that a file is byte-for-byte the one listed in the log. It is not a certification, it does not make a photo tamper-proof, it does not authenticate a photo, and it does not make a photo admissible anywhere.

15. Apple Billing, Cancellation, And Refunds

App Store purchases, billing, taxes, cancellation, refunds, payment disputes, and payment methods are handled by Apple through your Apple Account and Apple's systems.

Pricing and availability may vary by region, storefront, currency, taxes, Apple pricing tiers, promotions, and applicable law.

Refund requests for App Store purchases should be submitted to Apple. We do not control Apple's refund decisions, although we may provide support or information where Apple's systems allow.

You are responsible for reviewing the purchase screen before confirming a purchase.

Restore-purchase functionality depends on Apple transaction records, your Apple Account, network access, StoreKit, App Store systems, device compatibility, and app functionality.

16. Privacy

Our Privacy Policy explains how we handle information.

The Privacy Policy is incorporated into these Terms by reference.

If these Terms conflict with the Privacy Policy regarding privacy or data practices, the Privacy Policy controls for that issue.

17. Important App Limitations

The App may depend on your device, camera, GPS, Apple Photos, iCloud settings, Apple geocoding, Apple StoreKit, operating system, device storage, battery state, permissions, network conditions, third-party services, and technical restrictions.

The App may be interrupted, unavailable, delayed, inaccurate, incomplete, or limited.

The App may not meet your needs or work in every situation.

The App does not guarantee that it will prevent loss, prove a fact, preserve evidence, create legally sufficient records, satisfy workplace requirements, support insurance claims, produce accurate location data, produce accurate address data, or remain compatible with every device or operating system.

You are responsible for keeping backup records and confirming important outputs before relying on them.

18. No Professional Advice Or Professional Relationship

The App is provided for practical documentation, productivity, and convenience.

The App does not provide legal, forensic, insurance, surveying, inspection, compliance, regulatory, tax, accounting, financial, medical, safety, or other professional advice.

Use of the App does not create an attorney-client, professional, fiduciary, advisory, employment, agency, or similar relationship with us.

You should consult appropriate professionals for advice about legal evidence, inspections, workplace documentation, insurance claims, compliance obligations, property disputes, safety matters, or other professional issues.

19. No High-Risk Or Emergency Use

The App is not designed for high-risk uses where failure, delay, data loss, or inaccuracy could lead to death, personal injury, legal default, financial loss, medical harm, property damage, safety consequences, emergency consequences, or serious business harm.

Do not rely on the App as your only system for legal deadlines, medical obligations, emergency tasks, safety-critical documentation, financial deadlines, regulatory obligations, property records, workplace compliance, or other high-risk purposes.

The App does not monitor emergencies, contact emergency responders, provide crisis intervention, or verify safety conditions.

20. Prohibited Uses

You may not use the App to:

• Violate any law or regulation.
• Violate privacy rights, publicity rights, property rights, intellectual property rights, contract rights, workplace rules, or third-party terms.
• Photograph or document people, property, locations, documents, or confidential information without required permission.
• Harass, stalk, threaten, surveil unlawfully, dox, intimidate, impersonate, defame, or exploit others.
• Create misleading, false, fraudulent, altered, or deceptive records.
• Submit stamped photos in a misleading way.
• Bypass security, access controls, technical restrictions, or Apple systems.
• Interfere with the App or other users.
• Reverse engineer, copy, clone, resell, repackage, or commercially exploit the App beyond the license granted.
• Circumvent purchase requirements, usage limits, or entitlement checks.
• Use the App in a way that creates legal, operational, security, reputational, or platform risk for us, Apple, users, or others.

21. Intellectual Property

The App, including its code, design, user interface, icons, name, logos, text, graphics, workflows, documentation, and other materials provided by us, is owned by us or our licensors and is protected by intellectual property and other laws.

You may not copy our protected expression, code, design, branding, icons, or materials except as permitted by these Terms or applicable law.

You may not use our name, logos, icons, or branding in a way that suggests endorsement, affiliation, or sponsorship without our written permission.

Apple, App Store, iPhone, iOS, and related marks are trademarks of Apple Inc. We are not affiliated with or endorsed by Apple except as expressly stated by Apple through the App Store distribution process.

22. Feedback

If you send us ideas, suggestions, bug reports, comments, feature requests, or other feedback, you grant us the right to use that feedback without restriction, attribution, or compensation.

We are not required to use feedback.

This section does not give us ownership of your photos, notes, or other app content except to the extent you choose to include that content in feedback or support communications.

23. Support

We may provide support through the support channels we make available.

We do not guarantee response times, issue resolution, custom development, compatibility fixes, data recovery, purchase recovery beyond Apple-supported mechanisms, or support for every device, operating system, file, permission state, or third-party service.

Support communications are provided for convenience and do not amend these Terms unless we expressly say so in writing.

Please do not send sensitive information in support requests unless necessary for your request.

You are responsible for removing or obscuring sensitive information from screenshots or attachments before sending them to support.

24. Updates, Changes, And Availability

We may modify, update, suspend, discontinue, or limit the App or features over time, subject to applicable law and Apple's rules.

Updates may add, remove, modify, or limit features.

You may need to install updates or use a supported device and operating system for the App to function properly.

Older versions of the App may stop working correctly and may not receive support.

Operating system updates, Apple policy changes, App Store changes, device changes, or third-party service changes may affect the App.

If a third-party service, Apple API, operating system feature, or device capability becomes unavailable, restricted, unreliable, or commercially impractical, we may modify or remove related features.

We will not intentionally deprive you of paid access in a way prohibited by applicable law or Apple's rules.

25. Feature Descriptions And Examples

Feature descriptions, screenshots, previews, examples, sample stamps, sample coordinates, sample addresses, and sample content are provided to explain current or intended functionality.

They do not guarantee that any feature will always be available, error-free, unchanged, or suitable for your use case.

Actual results may vary based on device, operating system, permissions, location, settings, storage, Apple services, and technical conditions.

26. Open-Source Components

The App may include open-source software.

Open-source components are licensed under their applicable open-source licenses, and those licenses may grant rights separate from these Terms.

If an open-source license conflicts with these Terms for that component, the open-source license controls for that component.

27. Disclaimer Of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY RELATED FEATURES, CONTENT, OUTPUTS, PURCHASES, ENTITLEMENTS, SUPPORT, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, AVAILABILITY, RELIABILITY, SECURITY, ERROR-FREE OPERATION, UNINTERRUPTED OPERATION, AND THAT DATA, PHOTOS, STAMPS, METADATA, LOCATION, ADDRESS, OR OTHER OUTPUTS WILL BE ACCURATE, COMPLETE, AVAILABLE, PRESERVED, OR SUITABLE FOR YOUR PURPOSE.

WE DO NOT WARRANT THAT THE APP WILL MEET YOUR NEEDS, ACHIEVE ANY PARTICULAR RESULT, PREVENT LOSS, PRESERVE EVIDENCE, VERIFY FACTS, CREATE LEGALLY SUFFICIENT RECORDS, SAVE EVERY PHOTO, AVOID DATA LOSS, OR REMAIN COMPATIBLE WITH ALL DEVICES, OPERATING SYSTEMS, APPLE SERVICES, OR THIRD-PARTY SERVICES.

NO ORAL OR WRITTEN STATEMENT BY US, SUPPORT COMMUNICATIONS, MARKETING, APP STORE TEXT, SCREENSHOTS, OR OTHER MATERIALS CREATES A WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

28. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYWORKINGMEMORY LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, CONTENT, PHOTOS, BUSINESS OPPORTUNITIES, GOODWILL, DEVICE ACCESS, USE, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE APP, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE APP OR IN-APP PURCHASES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS.

The limitations in this section apply to all theories of liability, including contract, tort, negligence, strict liability, warranty, statute, and otherwise.

Nothing in these Terms limits liability where liability cannot be limited under applicable law.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

29. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Myworkingmemory LLC and its members, managers, officers, employees, contractors, agents, affiliates, licensors, service providers, successors, and assigns from and against any claims, damages, liabilities, losses, judgments, awards, settlements, costs, expenses, and fees, including reasonable attorneys' fees, arising from or related to:

• Your Content.
• Your photos or stamped photos.
• Your custom notes.
• Your use of the App.
• Your reliance on the App.
• Your sharing, submission, export, publication, or use of stamped photos.
• Your violation of these Terms.
• Your violation of law.
• Your violation of privacy, property, publicity, intellectual property, contract, workplace, or other third-party rights.
• Your misuse of the App.
• Your misleading, false, unlawful, or improper documentation or submission of stamped photos.

This indemnity does not apply to the extent a claim is caused by our own unlawful conduct where applicable law prohibits indemnification.

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

30. Termination

These Terms remain in effect until terminated.

You may stop using the App at any time.

We may suspend or terminate access to the App or paid features if you violate these Terms, misuse the App, create risk, engage in fraud or refund abuse, interfere with the App, violate law, or if we discontinue the App, subject to applicable law and Apple's rules.

Your rights under these Terms terminate automatically if you fail to comply with these Terms.

Upon termination, you must stop using the App.

Sections concerning ownership, user content, purchases, Apple terms, privacy, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and miscellaneous terms survive termination.

31. Informal Dispute Resolution

Before filing a claim, you and we agree to try to resolve the dispute informally by contacting the other party and giving the other party 30 days to respond, unless immediate legal action is necessary to prevent harm.

You can contact us at dean@myworkingmemory.ai.

Your notice should include your name, contact information, the App name, a description of the dispute, and the relief you seek.

32. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY REQUIRE YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION AND MAY LIMIT YOUR ABILITY TO PARTICIPATE IN CLASS ACTIONS.

This section applies to the maximum extent permitted by law.

After the informal dispute resolution process, any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by binding individual arbitration rather than in court, except as provided below.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, unless the parties agree to another arbitration provider.

Either party may bring an individual claim in small-claims court where permitted.

Either party may seek temporary or preliminary injunctive relief in court for intellectual property misuse, unauthorized access, security issues, confidentiality issues, or misuse of the App.

You and we agree to resolve disputes only on an individual basis. Neither party may bring, participate in, or seek relief through a class, collective, consolidated, private attorney general, or representative action, except where prohibited by law.

If a court or arbitrator determines that the class action waiver is unenforceable for a particular claim, that claim must proceed in court and not arbitration, unless applicable law requires otherwise.

If a dispute proceeds in court rather than arbitration, you and we waive any right to a jury trial to the maximum extent permitted by law.

Arbitration Opt-Out

You may opt out of this arbitration agreement within 30 days after first accepting these Terms by emailing dean@myworkingmemory.ai with:

• Your name.
• The App name.
• The email subject line "Arbitration Opt-Out."
• A statement that you opt out of arbitration.

Opting out of arbitration does not opt you out of any other part of these Terms.

33. Governing Law And Venue

These Terms are governed by the laws of the State of Tennessee, excluding conflict-of-law rules, except where the laws of your place of residence require otherwise.

Subject to the dispute-resolution section and applicable law, disputes not subject to arbitration or small-claims court will be brought in the state or federal courts located in Davidson County, Tennessee, and you consent to personal jurisdiction and venue there.

If applicable law gives you the right to bring claims in your country, state, province, or place of residence, nothing in these Terms limits that right.

34. Changes To These Terms

We may update these Terms from time to time.

If we make material changes, we will provide notice as required by law.

Your continued use of the App after updated Terms become effective means you accept the updated Terms, except where additional consent is required.

We may require you to accept updated Terms before continuing to use the App.

The "Last Updated" date identifies the latest version.

35. Assignment

We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, reorganization, transfer of the App, or similar transaction.

You may not assign these Terms without our prior written consent.

36. Force Majeure

We are not responsible for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, power failures, internet failures, device failures, Apple service issues, App Store issues, labor disputes, war, terrorism, civil unrest, government action, legal restrictions, supply-chain issues, security incidents, or other events outside our control.

37. Severability

If any part of these Terms is held invalid or unenforceable, the remaining parts remain in effect.

If any limitation of liability, warranty disclaimer, arbitration term, or class action waiver is limited by law, it will apply to the maximum extent permitted.

38. No Waiver

Our failure to enforce a provision of these Terms is not a waiver of our right to enforce it later.

39. No Third-Party Beneficiaries Except Apple

Except for Apple and Apple's subsidiaries as stated above, these Terms do not create rights for any third party.

40. Entire Agreement

These Terms, together with the Privacy Policy and any purchase-specific terms presented in the App or by Apple, are the entire agreement between you and us regarding the App.

If a purchase screen, offer-specific term, or Apple-required disclosure conflicts with these Terms, the more specific purchase or Apple-required term controls for that purchase to the extent of the conflict.

41. Interpretation

Headings are for convenience only and do not affect interpretation.

The words "including" and "such as" mean "including without limitation."

If these Terms are translated, the English version controls except where applicable law requires otherwise.

42. Contact

Questions, complaints, or claims about the App or these Terms should be directed to:

Myworkingmemory LLC
Email: dean@myworkingmemory.ai