Bear Tracks Time

Terms of Service

These Terms of Service ("TOS") govern your use of the Bear Tracks Time application (“Bear Tracks Time” or “Application”) by Mursus LLC ("Mursus", “us”, or “we”).

By accessing and using Bear Tracks Time, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. Apps made available through the App Store are licensed, not sold, to you. We reserve the right to update or modify these Terms of Service at any time without prior notice, effective upon its posting on Bear Tracks Time. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services. These Terms and the Privacy Policy may be modified at any time and such modification will be effective upon posting to the Application.

Mursus reserves all rights not expressly granted in the Terms of Service.

Scope of License

Mursus grants to you a nontransferable license to use the Application on any Apple-branded products that you own or control. This Terms of Service will govern any content, materials, or services accessible from or purchased within the Application as well as upgrades provided by Mursus that replace or supplement the original Application. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Application and, if you sell your Apple Device to a third party, you must remove the Application from the Apple Device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application).

Subscription

Some features of the Application are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a yearly basis. Payment will be charged to your Apple ID account at the confirmation of purchase or after the free trial period if offered. Your subscription will automatically renew unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. Any unused portion of a free trial period will be forfeited when you purchase a subscription.

All Subscriptions may be final and non-refundable. By accepting these terms, you agree that Mursus is not required to provide a refund for any reason. Subscriptions may be managed by the user, and auto-renewal may be turned off by going to the user’s Account Settings on the App Store after purchase. Any unused portion of a free trial period will be forfeited when you purchase a subscription. Mursus may change, modify, or eliminate features of the Subscription at any time, with or without notice. Any Subscription fee change will not go into effect automatically; you must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.

Termination

You agree that Mursus may terminate your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. Mursus may also at any time discontinue providing access to Application, or any part thereof, with or without notice. You agree that any termination of your access to Application or any portion thereof may be effected without prior notice, and you agree that Mursus will not be liable to you or any third party for any such termination. Upon termination, your right to use the Application will immediately cease. Your rights under the Terms of Service will terminate automatically if you fail to comply with any of its terms.

Intellectual Property

Bear Tracks Time is owned and operated by Mursus. All elements of the Application are the property of Mursus; including but not limited to: design graphics, visual interface, and computer code. All elements of the Application provided by Mursus are protected by United States copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

All feedback including, but not limited to; suggestions, recommendations, enhancement requests, or corrections; provided by the User (or any other part relating to the application) shall be owned by Mursus. The User shall take all reasonable steps necessary to accomplish the foregoing of ownership. The user grants to Mursus a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application and feedback.

All trademarks, service marks, and trade names are proprietary to Mursus. Except for any content that are provided and owned the User, all materials contained on the Application are the property of Mursus. Except as expressly authorized by Mursus, you agree not to sell, license, distribute, copy, modify, publish, adapt, create derivative works from, or otherwise make unauthorized use of the materials.

Limitation of Liability

In no event will Mursus be liable for any special, incidental, consequential, personal injury, indirect, or punitive damages, resulting from (1) your use or access or inability to use or access the Application; (2) any content obtained from the application; and (3) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including without limitation negligence) or any other legal theory, whether or not Mursus has been advised of the possibility of such damages.

Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law

Any claim relating to Mursus LLC's Application and/or web site shall be determined in accordance with the laws of the State of Maryland without regard to any of its conflict of laws principles.

Last Updated: 2021-11-01