These Terms of Use ("Terms") are between you and Feepfoop Inc. ("Feepfoop", "we", "us"), publisher of the Tide iOS app ("the app"). By downloading or using the app you agree to these Terms. If you do not agree, please do not use the app.
You must be at least 13 years old to use Tide. If you are under the age of majority where you live, you may use it only with the involvement of a parent or guardian who accepts these Terms on your behalf. If you are in the European Economic Area or the United Kingdom, you must be at least 16, or the minimum age of digital consent in your country if lower.
By using the app you confirm you meet these requirements.
You are granted a personal, non-exclusive, non-transferable licence to use the app on Apple devices you own or control, as permitted by the App Store Terms of Service. You may not redistribute, resell, reverse engineer, or attempt to extract the source code of the app except to the extent that restriction is prohibited by applicable law.
Tide, including its software, design, text, graphics and name, is owned by Feepfoop Inc. and protected by copyright, trade mark and other laws. Buying the app licenses it to you; it transfers no ownership. All rights not expressly granted in these Terms or the licence agreement are reserved.
What you write inside the app — your areas, sessions and notes — is yours. It never leaves your device, so we neither hold it nor claim any right to it.
Tide is a personal organisation tool. It is not a medical device and does not provide medical, psychological, financial, or professional advice of any kind. Its suggestions are arithmetic applied to information you entered yourself, nothing more. Do not use it as a substitute for professional care, and do not rely on it for anything where being wrong matters.
If you are struggling with your health or wellbeing, please speak to a qualified professional.
The app stores everything on your device and nowhere else. There is no server-side backup. If you delete the app, reset the app, lose your device, or your device fails, your data is gone and we cannot recover it. Use Settings → Copy my data if you want a copy you control.
The app is sold through the Apple App Store. Apple is the merchant of record: your purchase is a transaction with Apple, governed by the Apple Media Services Terms and Conditions, and payment, receipts and tax are handled by Apple rather than by us.
Refunds are issued by Apple, not by Feepfoop Inc. We cannot issue, authorise or expedite a refund. Request one through Apple at reportaproblem.apple.com. Where you have a statutory right to a refund, that right is unaffected by this section.
A purchase gives you a licence to use the app on devices you own or control, as set out in the licence agreement. It does not entitle you to any particular future feature, update or continued availability of the app.
The app is provided "as is" and "as available", without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or that any defect will be corrected.
To the fullest extent permitted by law, Feepfoop Inc. shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of data, loss of profits, loss of goodwill, business interruption, or cost of substitute software, arising out of or relating to your use of or inability to use the app, however caused and under any theory of liability, and whether or not we have been advised of the possibility of such damages.
Feepfoop Inc.'s total aggregate liability arising out of or relating to the app or these Terms shall not exceed the greater of (a) the amount you actually paid for the app in the twelve months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US$50).
This cap applies in aggregate across all claims, not per claim, and applies regardless of the form of action, whether in contract, tort, negligence, strict liability or otherwise.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that applicable law does not permit to be excluded.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so parts of the two sections above may not apply to you. Where you deal as a consumer, your statutory rights are unaffected.
You agree to indemnify, defend and hold harmless Feepfoop Inc. and its officers, directors, employees, contractors and agents from and against any claims, demands, actions, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or connected with:
We will notify you of any such claim and may, at our own expense, assume the exclusive defence and control of any matter subject to indemnification by you. You agree to cooperate with any such defence, and you will not settle any matter in a way that imposes any obligation or admission on us without our prior written consent.
This obligation survives termination of these Terms.
These Terms are governed by the laws of [JURISDICTION — insert the province, state or country in which Feepfoop Inc. is incorporated], without regard to its conflict-of-law rules, and you and Feepfoop Inc. submit to the exclusive jurisdiction of its courts.
If you are a consumer, this does not deprive you of the protection of mandatory consumer laws in your country of residence, and you may bring proceedings in your local courts where the law gives you that right.
If something goes wrong, please email frank@feepfoop.com first. Most problems are a misunderstanding or a bug, and both are faster to fix directly than through a process.
If we cannot resolve it that way, either of us may bring a claim in the courts identified above. Nothing here prevents either party from seeking urgent injunctive relief, or from bringing a claim in a small claims court where one is available.
If any provision of these Terms is held invalid, unlawful or unenforceable, that provision is severed to the minimum extent necessary — or, where possible, read down so as to be enforceable — and the remainder of these Terms continues in full force. In particular, if the limitation of liability or the liability cap above is held unenforceable in whole or in part, the remaining limitations continue to apply.
Our not enforcing a provision on one occasion is not a waiver of it.
These Terms, together with the licence agreement and the privacy policy, are the entire agreement between you and Feepfoop Inc. about the app, and replace anything said or written previously. Where they conflict on the subject of the licence, the licence agreement governs.
You may not transfer your rights under these Terms to anyone else. We may transfer ours to a successor in connection with a merger, acquisition or sale of assets, on notice to you, provided your rights are not reduced.
These terms may be updated as the app changes. The effective date above will change when they do. Continuing to use the app after an update means you accept the revised terms.
Apple is not a party to these terms and has no obligation to provide support for the app. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.