Activities Terms of Use

These Terms of Use (“Terms”) are an agreement between you and Bittyworks LLC, a Texas limited liability company (“Bittyworks,” “we,” “us”), about your use of the Activities app for iPhone, including its widgets, Live Activities, Control Center control, Siri and Shortcuts actions, websites and related services (together, the “App” or the “Service”). Our Privacy Policy explains how we handle information and is part of these Terms.

1. Who may use the App

• You must be at least 13 years old (16 in the European Economic Area and the United Kingdom). If you are under 18, or under the age of majority where you live, you may use the App only with the permission of a parent or legal guardian who agrees to these Terms on your behalf and is responsible for your use.
• You may not use the App if you are barred from doing so under applicable law, including U.S. sanctions and export laws (see section 19).
• If you use the App for an organization, you confirm you are authorized to accept these Terms for it.

2. The Service

The App helps you track time spent on activities, see statistics, set goals, get reminders and, if you choose, share activities and chat with friends. The App is currently free. We may add, change, limit or remove features (including making some features paid, under terms we will show you first), and we may stop offering the App, at any time, with or without notice. The App may be unavailable, slow or interrupted from time to time, including for maintenance or for reasons outside our control.

3. Your account

• Guest accounts. The App creates a guest account automatically. Guest data is tied to the App on your device: if you delete the App, sign out or reset your device without signing in with email, your guest data may be permanently lost.
• Email accounts. If you sign in with email, you agree to give an email address you control and to keep your email account secure, because anyone with access to it can sign in to your Activities account.
• You are responsible for everything that happens under your account and for keeping your device secure. Tell us promptly at info@bittyworks.com if you believe your account has been used without permission.
• One account per person; don’t share, sell or transfer accounts, or create accounts by automated means.

4. Your content

• “Your Content” means what you put in the App, such as activity names, time records, goals, names and chat messages. You keep ownership of Your Content.
• You give Bittyworks a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content only as needed to operate, secure and improve the Service, including to sync it to your devices and to show it to the people you choose to share it with. This license ends when Your Content is deleted from the Service, except for content others already received (such as messages sent to a chat) and copies we must keep by law.
• You are solely responsible for Your Content. You confirm you have the rights to it and that it does not violate these Terms, the law, or anyone else’s rights.
• We don’t pre-screen content, but we may review, remove or restrict any content, and act on accounts, at our discretion, including to comply with the law or these Terms.

5. Friends, sharing and chat

• You control whom you add as a friend and what you share. Friends you share an activity with can see its details and chat in it, and they may keep, copy or forward what they see. Share only what you’re comfortable sharing.
• Other users are responsible for their own content and conduct. Bittyworks does not control and is not responsible for what other users say, share or do, inside or outside the App.
• You can block or remove anyone at any time. You can report a message or a person in the App (touch and hold a message and tap Report message, or use Report on a friend or friend request), or by email to info@bittyworks.com. We review reports within 24 hours and may remove content and suspend or remove users who violate these Terms. The App also blocks some offensive language. We have no tolerance for objectionable content or abusive users.

6. Acceptable use

You agree not to, and not to help anyone else to:

• post or send anything unlawful, harassing, threatening, hateful, sexually explicit, violent, defamatory, deceptive, or that exploits or endangers minors;
• send spam or unwanted friend requests, impersonate anyone, or collect other users’ information;
• infringe anyone’s intellectual property, privacy or other rights;
• access or use the Service by automated means (bots, scripts, scrapers), or outside the official App;
• probe, scan, test or bypass any security, authentication, App Check, rate limit or other protection, or access data or accounts that aren’t yours;
• interfere with, overload or disrupt the Service or its infrastructure, or upload malware;
• copy, modify, distribute, sell, rent, reverse engineer, decompile or create derivative works of the App, except as the law expressly allows despite this limit; or
• use the App in violation of any law, or in a way that could harm Bittyworks, our users or others.

7. Safety and important limitations

• Don’t use the App while driving or in any situation where it could distract you. Start or stop activities only when it is safe and legal to do so.
• Not professional advice. The App is a personal time-tracking tool. It is not medical, health, fitness, mental-health, financial, legal or other professional advice, and isn’t a substitute for it.
• Don’t rely on reminders for anything important. Reminders, automatic stop, notifications, Live Activities, widgets, Siri and other features may be late, inaccurate, or not work at all (for example, if notifications are turned off, your device is off or offline, or iOS limits the App). Never rely on the App for medication, health, safety, legal, work or other critical deadlines, or in an emergency.
• Statistics are estimates. Totals, streaks, goals, recaps and suggestions depend on the data entered and may be incomplete or wrong. Don’t rely on them for billing, payroll, legal records or other official purposes.

8. Your data and backups

We work to keep Your Content safe and available, but we do not guarantee that it will never be lost, corrupted, delayed or inaccessible. You are responsible for keeping your own copies of anything important. Your use of the App is also subject to our Privacy Policy.

9. Third-party services

The App relies on services from third parties such as Apple and Google (for example, for sign-in emails, data storage, notifications and App Store distribution), and may link to third-party websites. Their services are governed by their own terms and privacy policies. Bittyworks is not responsible for third-party services, content or websites, or for any outage or loss they cause.

10. Our intellectual property

The App, including its software, design, text, graphics and the “Activities” and “Bittyworks” names and logos, belongs to Bittyworks or its licensors and is protected by law. Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices that you own or control, for your personal, non-commercial use, as permitted by the App Store Usage Rules. All other rights are reserved.

11. Feedback

If you send us ideas or suggestions, you agree that we may use them for any purpose without restriction or payment to you.

12. Suspension and termination

You may stop using the App at any time and delete your account in Settings → Danger zone → Delete account. We may suspend, limit or terminate your access to all or part of the Service, or delete your account or content, at any time, with or without notice, if we believe you violated these Terms or the law, to protect users or the Service, if your guest account is inactive, or if we stop offering the Service. Sections 4 (license to the extent needed for content already shared), 7, 8, 9, 11 and 13 through 21, and any other terms that by their nature should survive, survive termination.

13. Disclaimer of warranties

To the fullest extent permitted by law, the App and the Service are provided “as is” and “as available,” with all faults and without warranties of any kind, express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranties arising from course of dealing or usage of trade. Bittyworks and the Bittyworks Parties (defined in section 15) do not warrant that the App will be uninterrupted, timely, secure, error-free or free of harmful components, that reminders or notifications will be delivered, that any data, statistics or content will be accurate, complete or preserved, or that defects will be corrected. You use the App at your own risk.

14. Limitation of liability

To the fullest extent permitted by law: (a) Bittyworks and the Bittyworks Parties will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, content, profits, revenue, goodwill, use or opportunity, or for any personal injury or property damage, or for the cost of substitute services, arising out of or relating to these Terms, the App or the Service, or any conduct or content of any user or third party, whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory, and even if advised of the possibility of such damages; and (b) the total, combined liability of Bittyworks and all Bittyworks Parties for all claims arising out of or relating to these Terms, the App or the Service will not exceed the greater of fifty U.S. dollars (US $50) or the amount you paid us for the App in the 12 months before the event giving rise to the claim. These limits apply even if a remedy fails of its essential purpose, and they are an essential basis of the bargain between you and us.

Some jurisdictions don’t allow certain exclusions or limits, so some of the above may not apply to you. In that case, our liability is limited to the smallest amount the law allows. Nothing in these Terms limits liability that cannot be limited by law.

15. No personal liability

“Bittyworks Parties” means Bittyworks LLC and its affiliates, and each of their current and former members, managers, owners, officers, directors, employees, contractors, agents, licensors, service providers, successors and assigns. The App is offered and operated solely by Bittyworks LLC. To the fullest extent permitted by law: no Bittyworks Party other than Bittyworks LLC has any personal liability to you for any matter relating to the App, the Service or these Terms; you agree to bring any claim only against Bittyworks LLC and not against any current or former member, manager, owner, officer, employee or other individual; and every disclaimer, limitation, release, indemnity and dispute-resolution provision in these Terms also protects each Bittyworks Party, each of whom is an intended third-party beneficiary of these Terms with the right to enforce them.

16. Indemnity and release

Indemnity. To the fullest extent permitted by law, you will defend, indemnify and hold harmless Bittyworks and the Bittyworks Parties from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to Your Content, your use or misuse of the App, your interactions with other users, or your violation of these Terms, the law, or anyone’s rights. We may assume the exclusive defense of any matter you must indemnify, and you will cooperate with us.

Release. Disputes between users are between those users. To the fullest extent permitted by law, you release Bittyworks and the Bittyworks Parties from all claims, known and unknown, arising out of or relating to any dispute with or conduct of another user or third party. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law of any other place.

17. Disputes and arbitration

17.1 Try to resolve it with us first

Before starting any proceeding, you agree to send us a written notice at info@bittyworks.com and by mail to the address in section 22, describing the dispute, the relief you want, and your name, email address and how to identify your account. We’ll try to resolve it informally. If it isn’t resolved within 60 days after we receive the notice, either side may start arbitration (or small-claims court) as described below. Any deadline to bring a claim is paused during these 60 days.

17.2 Binding individual arbitration

Except as provided in section 17.5, you and Bittyworks agree that any dispute, claim or controversy arising out of or relating to these Terms, the App, the Service, the Privacy Policy, or your relationship with Bittyworks or any Bittyworks Party (each, a “Dispute”), including disputes about the scope, validity or enforceability of this section, will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act governs this section. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at adr.org) as modified by these Terms, before a single arbitrator. Unless you and we agree otherwise, the arbitration will take place in Denton County, Texas, or, at your choice, by video or telephone or based on written submissions. Fees are paid as the AAA Consumer Arbitration Rules provide. The arbitrator may award the same individual relief a court could award, but only to the individual party seeking relief and only to the extent needed for that party’s individual claim. Judgment on the award may be entered in any court with jurisdiction.

17.3 No class actions; no jury

You and Bittyworks each waive the right to a jury trial and to participate in a class, collective, consolidated or representative action or arbitration. Disputes will be brought and decided only on an individual basis.

If this class-action waiver is found unenforceable for a particular claim or request for relief, then that claim or request (and only that one) will be severed and decided by a court under section 18, after any individual claims are arbitrated, and the rest of this section still applies.

17.4 Mass filings

If 25 or more similar arbitration demands are filed against Bittyworks by or with the help of the same or coordinated counsel or organizations, they will be administered in batches of up to 25 demands, with one batch proceeding at a time, to the extent the AAA rules allow, and the parties will work in good faith to resolve the batches efficiently.

17.5 Exceptions

Either party may bring an individual claim in small-claims court if it qualifies and stays there. Either party may also ask a court for an injunction to stop actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.

17.6 Your right to opt out

You may opt out of this arbitration agreement by emailing info@bittyworks.com within 30 days after you first agree to these Terms (or to a version of them containing this section), with the subject “Arbitration opt-out” and your name and account email. Opting out doesn’t affect any other part of these Terms.

17.7 Time limit

To the fullest extent permitted by law, any claim must be brought within two (2) years after it arises; otherwise it is permanently barred.

17.8 Changes

If we change this section 17, the change will not apply to a Dispute you already notified us about, and you may reject the change by emailing us within 30 days after it takes effect, in which case the previous version of this section applies to you.

18. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-laws rules. Subject to section 17, any action must be brought only in the state or federal courts located in Denton County, Texas, and you and Bittyworks consent to their personal jurisdiction and venue. If you are a consumer in the European Economic Area, the United Kingdom or Switzerland, you also keep the protection of the mandatory laws of your country of residence, and you may bring proceedings in your local courts where the law gives you that right; section 17 does not apply to you to the extent the law of your country does not allow it.

19. Apple App Store terms

If you got the App from Apple’s App Store, these additional terms apply, and they control if they conflict with the rest of these Terms:

1. These Terms are between you and Bittyworks only, not Apple. Bittyworks, not Apple, is solely responsible for the App and its content.
2. Your license to use the App is limited to a non-transferable license to use it on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Bittyworks is solely responsible for any maintenance and support of the App. Apple has no obligation to provide maintenance or support for the App.
4. To the extent any warranty is not effectively disclaimed, Bittyworks (not Apple) is responsible for it. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are Bittyworks’ responsibility, subject to these Terms.
5. Bittyworks, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, subject to these Terms.
6. If a third party claims that the App or your possession and use of it infringes that party’s intellectual property rights, Bittyworks, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim, subject to these Terms.
7. You represent and warrant 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 on any U.S. Government list of prohibited or restricted parties.
8. Questions, complaints or claims about the App should be sent to Bittyworks at the contact details in section 22.
9. You must comply with applicable third-party terms (for example, your wireless data agreement) when using the App.
10. Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. Changes to these Terms

We may change these Terms from time to time. We will post the updated Terms here with a new “Last updated” date. For material changes, we will also notify you in the App, and may ask you to agree before you continue using it. Changes take effect when posted unless we say otherwise; if you continue to use the App after they take effect, you accept the updated Terms. If you don’t agree, stop using the App and delete your account. Section 17.8 governs changes to the arbitration agreement.

21. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Bittyworks about the App and replace any earlier terms.
• Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted, and the rest stays in effect.
• No waiver. Not enforcing a right isn’t a waiver of it.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, including in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of the internet, Apple or Google services, power failures, natural disasters, war, labor disputes or government action.
• Electronic communications. You agree that we may communicate with you electronically, including in the App and by email, and that such communications satisfy any legal requirement that they be in writing.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• Export. You will comply with all applicable export control and sanctions laws.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms are written in English, which controls over any translation.

22. Contact

Bittyworks LLC
1441 Bonham Pkwy, Lantana, TX 76226, United States
info@bittyworks.com

See also the Activities Privacy Policy.