Terms of Service Published on May 20, 2024 The following terms of service ("Terms" or "Terms of Service") govern the relationship between the User and Brownapps, incorporated in South Korea with registered address 116-301, 468-40, Gyeongchun-ro, Namyangju-si, Gyeonggi-do, South Korea and Business no. 1663400381 ("Brownapps" or "we"). The Terms act as an agreement between the parties and relate to the mobile applications licensed to the User. The mobile applications consist of the apps owned by Brownapps at any given time, subject to change through commercial dealing. The User should read the Terms carefully, they contain important information regarding rights, limitations such as the waiver of withdrawal, disclaimed warranties, liability limitation, termination, term updates, as well as dispute resolution and applicable law. The Terms of Service should be read in conjunction with the Privacy Policy, together they form the contract that exists between the User and Brownapps. 1. Licences and Subscriptions 1.1 Brownapps offers Non-subscription and Subscription licences for mobile applications to a prospective licensee ("Non-subscription app licensee" and "Subscription applicensee", collectively "App licensee" or "User"). We do not sell the Apps and ownership is retained by Brownapps at all times. 1.2 Upon downloading one of the Apps, the User by default becomes a Non-subscription app licensee. They remain so unless and until the: a. Licence is terminated; or the b. Licence is upgraded by a subscription or one-time purchase for an App. 1.3 Subscription app licensees, depending on the app and the choice of payment plans, may pay through subscriptions, including but not limited to monthly and annual terms; and through making one-time purchases. 1.4 Subscriptions will automatically renew at the end of the term and can be managed through the: - Subscription management settings on their mobile phone, subject to the Apple App Store or Google Play's terms. (if purchased in-app). 1.5 Subscriptions will automatically renew at the end of the term and can be managed through the Subscription management settings on their mobile phone, subject to the Apple App Store or Google Play's terms (if purchased in-app). 1.6 Subscriptions for the Apps may include increased functionality and additional features, including but not limited to, the ability to back up, synchronise or export data, unlimited entries or trackers, authentication and widgets. 1.7 Information about content, features or services will be included in the description on the Apple or Google Play Store, in-app prior to a purchase and on the Brownapps website or other website controlled by Brownapps. 1.8 Purchases are final, Brownapps will not provide refunds. By proceeding with the purchase and agreeing to the Terms, the App licensee consents to immediate performance of the contract and waives their right to withdrawal. Purchases made through the Apple or Google Play Store are subject to the Apple or Google Play payment policy. The applicable policy should be considered prior to purchase. 2. App Updates 2.1 Notwithstanding examples in 1.6, it is subject to Brownapps's sole discretion to change, add, modify or remove any content, features or services ("App Updates"). Reasons for doing so may include:- a. Minor technical adjustments; b. Legal Compliance; or c. Enhancing Experience, by: i. Adding material; ii. Removing unpopular material; iii. Improving design; or iv. Adapting to User behaviour. 2.2 Upon installing an app, the User becomes a licensee of the most recent version "as available" at this time and all content, features or services shall be provided "as available". 2.3 App Updates can be installed manually or by pre-selecting automatic updates. 2.4 The decision to install App Updates is at the User's discretion. Brownapps endeavours to continue support for older versions provided it is deemed necessary and reasonable. 3. Intellectual Property 3.1 The App licensee agrees and acknowledges that the information, content, quotes, daily questions, logos, trademarks, graphics, animations, games, icons, text, fonts, sounds, audio, images, video, source code and the so called "look and feel" of the Apps ("the Materials") belong to Brownapps and its third party licensors. 3.2 Notwithstanding, the limited licence granted hereafter, Brownapps and its third party licensors retain sole ownership rights, title, interest and intellectual property of the Materials. The Materials may be protected by copyright, as well as trademark, database and other intellectual property rights. 3.3 In the event of infringement, Brownapps's third party licensors have the right to directly enforce their rights against the User. 3.4 Subject to 2.3, 4.1 - 4.3, 5.4, 9.1 and the termination provisions in 10, and subject to the features of an app, along with Brownapps's discretion to change the features, we hereby grant a limited, non-exclusive, revocable licence to the: a. Non-subscription app licensee to:- i. Download and use free features; ii. Copy to terminal device for sole use; iii. Copy to devices with the same Apple ID / Google Account; iv. Back up, synchronise and export data (if provided); b. Subscription app licensee to:- i. Download and use free features; ii. Use subscription features; iii. Copy to terminal device for sole use; iv. Copy to devices with the same Apple ID / Google Account; v. Back up, synchronise and export data (if provided); 3.5. If the User has become a Subscription app licensee pursuant to 1.2(b), the licensed actions in 3.4(b) are strictly limited to the specific app or apps they have subscribed to or otherwise purchased. 4. Restrictions of Use 4.1 In the absence of a licence obtained from Brownapps explicitly stating otherwise, the App licensee shall not: a. Sub-license, assign or transfer any right granted under the licence; b. Modify or create any derivative works; c. Distribute the apps or any modification or derivative work; d. Publicly perform or publicly display any content or material; or e. Sell, commercially use or otherwise exploit the code, content, data or material. 4.2 The App licensee shall not reverse engineer, decompile or disassemble the Apps and the software contained therein. 4.3 In the event passwords or login credentials are required, the App licensee shall not share them with third parties or otherwise provide access. They are responsible for ensuring confidentiality and should contact Brownapps if compromised. 4.4 Brownapps has sole discretion to terminate or suspend the licence if the above restrictions are carried out. 4.5 We may be entitled to redress, as set out in Section 8, and along with third party licensors can enforce intellectual property rights in the event of infringement. 5. User-Generated Content 5.1 Whilst using the Apps, we require the App licensee to upload certain content. Such content, among other things, may include text, photos, responses to daily reflections, challenges, as well as custom trackers, activities, feelings, spending categories and the combination of such with icons provided the originality threshold is met ( "User-Generated Content"). 5.2 By doing so, and without prejudice to the Privacy Policy, the User grants Brownapps a perpetual, worldwide, transferable, sub-licensable, royalty-free licence to use, store, display, copy, edit, adapt, reproduce, modify, publish and distribute the content. 5.3 User-generated content may be used by Brownapps in developing new material. The User hereby acknowledges that this may result in a commercial benefit for Brownapps and that as a User they have no right to an income, shared benefit or any other consideration. 5.4 Upon submitting content, the User represents and warrants the absence of: a. Third-party intellectual property infringement; b. Third-party data protection or privacy infringement; c. Viruses or other harmful data; d. Material that is offensive, hateful or otherwise reprehensible, invasive of privacy, abusive, threatening, harassing, provocative, pornographic, indecent, unlawful, libellous, defamatory, fraudulent or otherwise objectionable. 5.5 Brownapps retains the right to remove any content that does not comply with 4.4 and is entitled to terminate or suspend the licence. 5.6 If a user does not comply with 5.4, we may be entitled to redress as set out in Section 8. 5.7 The User acknowledges and accepts that they will indemnify Brownapps for loss or damage suffered if such non-compliance results in third party action against Brownapps. 6. Disclaimers 6.1 Brownapps makes no representation or warranty, express or implied, regarding fitness for a particular purpose or merchantability. 6.2 Except for complying with the objective conformity requirement for continuity, Brownapps makes no further representations or warranties, express or implied, that errors, interruptions, failures or delays will not occur during use. 6.3 We make no representation or warranty, express or implied, that the Apps are free of malware, viruses or other harmful components. Moreover, no implied warranties arise from course of dealing, course of performance or usage of trade. 6.4 No representation or warranty is made regarding non-infringement of intellectual property and Brownapps has no obligation to defend or indemnify the User against claims regarding the same. 6.5 No warranties exist for modifications, derivative works or other unauthorised usage. 6.6 Brownapps provides no warranties, express or implied, regarding any third party platform we use or the User's mobile device and operating system. We will not be liable for failure of these platforms, devices or operating systems to function as expected or intended. 6.7 We strive to help the User improve their health, productivity and the management of time and habits. However, Brownapps makes no representation or warranty, express or implied, that such improvements will occur. Results vary per person and per usage, reliance is at the User's own risk. 6.8 Brownapps retains the sole discretion to carry out App Updates. No representation or warranty is made, express or implied, regarding continued existence of content, features or services. The User acknowledges and accepts those specifically mentioned in 1.6, along with categories of such, are subject to the aforementioned discretion. Some categories mentioned may no longer be provided or may be provided in the future. Reliance should not be placed on 1.6 to predict future content, features or services and Brownapps makes no such warranty. Despite endeavours to continue support for older versions, as mentioned in 2.3, this is expressly qualified by what is deemed necessary and reasonable, no warranty exists that support will continue indefinitely or at all. Brownapps does not represent or warrant all the Apps will be available for both Android and iOS operating systems. 6.9 No representation or warranty is made, express or implied, that hyperlinked information referenced in the Terms of Service or Privacy Policy, provided by third party sources, is accurate or correct. Reliance is at the risk of the User and Brownapps will not be responsible or liable for any loss or damage suffered pursuant to such reliance. We advise Users to be cautious when consulting non-official sources. 7. Liability Limitation 7.1 Brownapps, along with its employees, contractors, partners or affiliates are not liable for indirect, special and consequential damages. Among other things, no liability will arise from loss of data, loss of property, damage to property, loss of profits and loss of business. 7.2 If a User relies on the information contained in the Apps beyond the intended purpose of general information, they do so at their own risk. Brownapps will not be liable for any consequences resulting from such reliance. 7.3 In the event Brownapps can no longer provide support, or it is deemed unnecessary and unreasonable to continue supporting older versions of the Apps, no liability will arise for any claimed loss or damage. If this occurs, Users may install the latest App Update or terminate the licence. 8. Dispute Resolution 8.1 In the event the User is dissatisfied or otherwise takes issue, we recommend they contact Brownapps at brownapps@gmail.com. We hope to solve the problem at an early stage to avoid escalation. 8.2 The contract shall be governed by the laws of South Korea. 8.3 Both parties are entitled to judicial redress, with the applicable law being that of South Korea. The South Korean courts have exclusive jurisdiction over disputes or claims, including non-contractual ones, arising out of or in connection with the Terms and their subject matter and formation. 9. Payment 9.1 In the event of payment default, a Subscription app licensee may have their licence suspended or terminated. 9.2 Upon cancelling a subscription, the Subscription app licensee will revert to Non-subscriber status on the date the cancelled subscription was due to renew. For all intents and purposes, they are a Non-subscription app licensee thereafter. 10. Termination and Survival 10.1 To terminate a Non-subscription licence, the Non-subscription app licensee should stop using the app(s), delete it from their device and, if applicable, delete the associated user account. 10.2 To terminate a Subscription licence, the Subscription app licensee should cancel their subscription and either: a. Convert to a Non-subscription licence, which will occur on the date the cancelled subscription was due to renew; or b. Terminate the licence entirely, and accordingly stop using the app(s), delete it from their device and, if applicable, delete the associated user account. 10.3 Brownapps may terminate a licence immediately, and without prior notice, if the conduct of a User triggers a termination ground, namely 4.4, 5.5 and 9.1. 10.4 Brownapps reserves the right, alongside instances referred to in 10.3, to terminate licences if a decision is made to discontinue an app, provided reasonable notice is provided. 10.5 Notwithstanding termination and irrespective of the reason or party responsible, the relevant clauses will survive termination and remain applicable. 11. Updating Terms 11.1 Brownapps reserves the right to change and update the Terms at any time. Reasons for such updates may include: a. Compliance with law; b. Compliance with industry best practice; c. Strengthening Consumer Protection; d. Changes to content, features or services; e. Changes to service delivery; f. Changes to subscription, payment or licensing; g. Changes to commercial practice. 11.2 Brownapps will take reasonable measures to provide the new Terms in advance if material changes are made. These measures allow the User to consider whether they want to continue use once effective. The reasonable measures may involve notifications through emails or in-app banners. 11.3 If the measures mentioned in 12.2 are taken, Brownapps may provide a means for the User to communicate they do not accept the updated Terms. 11.4 Without prejudice to 12.3, by continuing to use the Apps after the effective date, the App licensee accepts the changes. If the User does not accept the updates, they should terminate their licence. 11.5 Notwithstanding 12.2, the App licensee has ultimate responsibility for ensuring they are aware of any changes to the Terms. It is recommended they habitually check the Terms for updates. For ease of reference, the date of last update will be provided at the top. 11.6 The effective date, depending on whether provided in advance, shall be the: a. Date set by prior notice; or b. Date of Publication.