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Terms of Service

Effective Date: January 1, 2024 Last Updated: December 1, 2024 Version: 2.1

📋 Agreement Summary

By using Calendaromatic, you agree to these Terms of Service. The software is provided free of charge for personal and commercial use. We strive to provide a reliable service but cannot guarantee uninterrupted operation or be liable for data loss.

1. Acceptance of Terms

By downloading, installing, or using Calendaromatic ("the Software," "the App," or "the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Software.

These Terms constitute a legally binding agreement between you (either an individual or entity) and Calendaromatic ("we," "us," or "our"). By clicking "I Agree," installing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. License Grant and Restrictions

2.1 License Grant

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to:

  • Download and install the Software on Windows devices you own or control
  • Use the Software for personal, educational, or commercial purposes
  • Create and manage unlimited calendar events and reminders
  • Access holiday databases and feature updates
  • Export and backup your calendar data

2.2 License Restrictions

You agree NOT to:

  • Reverse engineer, decompile, or disassemble the Software
  • Modify, adapt, or create derivative works of the Software
  • Remove, alter, or obscure any proprietary notices
  • Redistribute, sell, rent, lease, or sublicense the Software
  • Use the Software for illegal or unauthorized purposes
  • Attempt to circumvent any security features or limitations
  • Use automated means to access the Software or its servers
  • Interfere with or disrupt the Software's operation

3. Intellectual Property Rights

3.1 Ownership

The Software, including all content, features, and functionality, is owned by Calendaromatic and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

3.2 Trademarks

Calendaromatic, the Calendaromatic logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Calendaromatic. You must not use such marks without our prior written permission.

3.3 Feedback

If you provide us with any feedback, suggestions, or ideas ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without compensation to you.

4. User Responsibilities and Conduct

4.1 Account Security

You are responsible for:

  • Maintaining the confidentiality of any account credentials
  • All activities that occur under your installation
  • Notifying us immediately of any unauthorized use
  • Ensuring your use complies with all applicable laws

4.2 Acceptable Use

You agree to use the Software only for lawful purposes and in accordance with these Terms. You agree not to use the Software:

  • In any way that violates any applicable law or regulation
  • To transmit any harmful, offensive, or illegal content
  • To impersonate or attempt to impersonate another person
  • In any way that infringes upon the rights of others
  • To engage in any conduct that restricts or inhibits anyone's use

4.3 Data Accuracy

You are solely responsible for the accuracy and legality of the data you input into the Software. We are not responsible for any consequences arising from inaccurate or illegal data.

5. Privacy and Data Protection

Your use of the Software is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your information.

🔐 Data Ownership

You retain all rights to your calendar data. We claim no ownership over the content you create within Calendaromatic.

6. Third-Party Services and Content

6.1 Holiday Databases

The Software includes holiday information from various sources. While we strive for accuracy, we do not guarantee the completeness or accuracy of holiday data. Users should verify important dates independently.

6.2 Third-Party Integrations

The Software may offer optional integrations with third-party services (cloud storage, other calendar services). These integrations are governed by the respective third-party terms and policies. We are not responsible for third-party services.

6.3 External Links

The Software may contain links to third-party websites. We do not control and are not responsible for the content or practices of these sites.

7. Updates and Modifications

7.1 Software Updates

We may release updates to improve functionality, security, or compatibility. While updates are optional, we recommend installing them for the best experience. Some updates may be required for continued use of certain features.

7.2 Feature Changes

We reserve the right to modify, suspend, or discontinue any feature or functionality at any time without notice. We are not liable for any modification, suspension, or discontinuation.

7.3 Terms Modifications

We may revise these Terms at any time. We will notify you of material changes through the Software or via email. Your continued use after changes constitutes acceptance of the revised Terms.

⚠️ Disclaimers and Limitations

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

8. Disclaimers

8.1 No Warranty

The Software is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy, reliability, or completeness
  • Security or error-free operation
  • Compatibility with all systems

8.2 No Guarantee

We do not guarantee that:

  • The Software will meet your requirements
  • The Software will be uninterrupted or error-free
  • Defects will be corrected
  • The Software is free of viruses or harmful components
  • Data will be preserved without loss

9. Limitation of Liability

9.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CALENDAROMATIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damage to your device or software
  • Unauthorized access to or alteration of your data
  • Statements or conduct of any third party
  • Any other damages related to the Software

9.2 Maximum Liability

Our total liability for any claims under these Terms shall not exceed the amount you paid for the Software (which is $0 for the free version).

9.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Calendaromatic, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Software
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of any applicable laws
  • Any content you create or share through the Software

11. Termination

11.1 Termination by You

You may terminate these Terms at any time by uninstalling the Software and ceasing all use.

11.2 Termination by Us

We may terminate or suspend your license immediately, without prior notice or liability, for any reason, including if you breach these Terms.

11.3 Effect of Termination

Upon termination:

  • All rights granted to you will immediately cease
  • You must stop all use of the Software
  • You must delete all copies of the Software
  • Sections that by their nature should survive will continue to apply

12. Governing Law and Disputes

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

12.2 Jurisdiction

You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California, for the resolution of any disputes.

12.3 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California.

12.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE PROCEEDING.

13. Export Compliance

The Software may be subject to export laws and regulations of the United States and other jurisdictions. You agree to comply with all applicable export laws and regulations and acknowledge that you have the responsibility to obtain any required export licenses or approvals.

14. Specific Provisions by Region

14.1 European Union Users

If you are a consumer in the European Union, you have certain statutory rights that cannot be waived by these Terms. Nothing in these Terms affects your statutory rights as a consumer.

14.2 Australian Users

If you are an Australian consumer, nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law.

14.3 Canadian Users

If you are a resident of Canada, the laws of the province in which you reside will govern these Terms and any disputes.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Calendaromatic regarding the Software.

15.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, or acts of civil or military authorities.

16. Accessibility

We are committed to making Calendaromatic accessible to all users. If you have accessibility needs or encounter barriers, please contact us at [email protected].

17. Beta Features

From time to time, we may offer beta or experimental features. These features are provided "AS IS" without any warranties and may be discontinued at any time. Your use of beta features is at your own risk.

18. Service Level Agreement

Service Component Target Availability Support Response Time
Core Application No guarantee (local software) N/A
Holiday Database Updates 95% monthly availability Best effort
Email Support Business days only 48-72 hours
Security Updates As needed Critical: 24 hours

19. Open Source Components

The Software may include open source components licensed under various open source licenses. A list of these components and their licenses is available within the Software's documentation. Your use of these components is subject to their respective license terms.

20. Contact Information

For questions about these Terms of Service, please contact us:

  • Email: [email protected]
  • Support: [email protected]
  • Mail: Calendaromatic Legal Department
    123 Innovation Drive
    Tech Valley, CA 94000
    United States
  • Phone: +1 (555) 123-4567 (Business hours: 9 AM - 5 PM PST)

21. Acknowledgment

BY USING CALENDAROMATIC, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

If you do not agree to these Terms, you must not use the Software.

These Terms of Service were last reviewed and updated on December 1, 2024. We recommend checking this page periodically for any changes. Significant changes will be notified through the Software.

This document is provided in English for legal precision. While translations may be available, the English version prevails in case of any discrepancies.

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