Terms and Conditions

These terms and conditions apply to the mobile applications provided by Apptiva P.C. (hereby referred to collectively as “Application”) for mobile devices that were created by Apptiva P.C. (hereby referred to as “Service Provider”) as Freemium services.

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application.

Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.

Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:

• Mixpanel
• RevenueCat

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.

Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

In terms of the Service Provider’s responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.

Group Messaging and Carrier Fees

This section applies only where the Application provides messaging or broadcast features.

The Application may allow you to send text messages, MMS, or similar communications. Your mobile carrier or messaging provider may impose fees for such use. Such fees are subject to your agreement with your carrier and that carrier’s policies. It is your responsibility to pay any such charges. The Service Provider is not responsible for carrier fees, rate limits, or messaging quotas imposed by your carrier or third-party providers.

Consent and Legal Compliance for Messaging

This section applies only where the Application provides messaging or broadcast features.

You represent and warrant that the owners of the phone numbers or contacts you message or broadcast to through the Application have consented or otherwise opted in to receive such messages as required by applicable law or regulation (including, where applicable, the TCPA, CAN-SPAM, GDPR, or similar laws). You agree to include clear opt-out or unsubscribe information in your messages when required by law or regulation, and to otherwise follow applicable industry guidelines (such as the Mobile Marketing Association’s Consumer Best Practices, where relevant). You further agree that any person who requests Do-Not-Call (“DNC”) or opt-out status shall be removed from your messaging list immediately, and that you will not send further messages to them after such a request.

Prohibited Uses

The Application is provided for lawful and appropriate use only. Where an item below refers to messages or broadcasts, it applies where the Application provides messaging features. You agree that your use of the Application shall not include:

1. Sending unsolicited marketing messages or broadcasts (e.g., spam).
2. Sending messages to life-line or emergency services (e.g., hospitals, fire, police, 911, or utility-related numbers) except where expressly permitted and in compliance with applicable law.
3. Using the Application to engage two or more lines of a multi-line business in a manner that violates applicable law.
4. Harvesting or otherwise collecting information about others without their consent.
5. Misleading others as to the identity of the sender (e.g., false identity, impersonation, or contact details that do not belong to you).
6. Transmitting, associating, or publishing any unlawful, harassing, defamatory, abusive, threatening, demeaning, harmful, vulgar, obscene, or otherwise objectionable material.
7. Transmitting any material that infringes the intellectual property or other rights of third parties.
8. Transmitting any material that contains viruses, malware, or other harmful or deleterious programs.
9. Interfering with or disrupting networks connected to the Application or violating the regulations, policies, or procedures of such networks, or interfering with another user’s use of the Application.
10. Any other activity that the Service Provider reasonably believes could subject it or you to criminal or civil liability.

The Service Provider is not liable for any misuse of the Application by you. The Service Provider is not responsible for the content, accuracy, or legality of your messages or broadcasts; the Application transmits them in good faith on the basis that you use the Application in accordance with these terms.

Service Interruptions and Account Suspensions

Over-sending messages, sending to recipients without appropriate consent, or being marked as spam by recipients may cause your mobile carrier, SMS provider, or other service provider to suspend, block, ban, or permanently close your account. You expressly acknowledge and agree that the Service Provider shall not be responsible for any such service interruptions or account suspensions. All consequences, including legal and financial repercussions resulting from your misuse of the Application, are solely your responsibility.

Limitation of Liability for Messaging and Regulatory Actions

The Application is provided “as is” and “as available.” Your use of the Application, including for sending messages, is at your own risk. The Service Provider disclaims any liability related to service interruptions, account suspensions or bans by carriers or third-party providers, or any legal or regulatory actions resulting from your use of the Application. The Service Provider shall not be liable for any fines, penalties, or legal actions taken against you by regulatory bodies, telecom providers, or other authorities in connection with your use of the Application. You acknowledge that you are solely responsible for complying with all applicable laws and regulations, and that any consequences of non-compliance are your responsibility. To the maximum extent permitted by applicable law, the Service Provider’s total liability to you for any claims arising from or related to the Application or these terms shall not exceed the amount you have paid to the Service Provider in the twelve (12) months preceding the claim (if any).

Indemnification

You agree to defend, indemnify, and hold harmless the Service Provider (and its suppliers and affiliates) from any and all claims, actions, suits, investigations, or liabilities (including regulatory fines, penalties, and reasonable attorney fees) brought by third parties, mobile carriers, service providers, or government agencies resulting from or related to (i) your use or misuse of the Application, (ii) your violation of any law or regulation (including TCPA, CAN-SPAM, or similar), (iii) your failure to obtain proper consent from message recipients, or (iv) any messages or broadcasts you initiate through the Application.

The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.

Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2026-01-27

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at support@apptivasoftware.com.