Terms of Use

These Terms of Use ("Terms") are an agreement between you and Puffin Skincare Pty Ltd ("we", "us", "our"), a company based in New South Wales, Australia, governing your use of the HyperClock mobile app (the "App"). By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old to use the App. If you are under 18, you confirm that your parent or guardian has agreed to these Terms on your behalf.

2. Your licence to use the App

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, for your own non-commercial use, in line with these Terms and the rules of the app store you downloaded it from.

3. Subscriptions and payments

Some or all features of the App require a paid subscription.

• Subscriptions are purchased and billed through your Apple App Store or Google Play account.
• Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period.
• You can manage or cancel your subscription at any time in your Apple or Google account settings. Deleting the App does not cancel your subscription.
• If we offer a free trial, it converts to a paid subscription at the end of the trial unless you cancel at least 24 hours before it ends. Any unused portion of a free trial ends when you purchase a subscription.
• We may change subscription prices. Any change will apply from your next billing period, and Apple or Google will notify you where required.
• Refunds are handled by Apple or Google under their refund policies. We cannot issue refunds directly for purchases made through their stores.

Nothing in this section limits any rights you have under the Australian Consumer Law or other consumer laws that cannot be excluded.

4. Alarm reliability

We work hard to make alarms reliable, but whether an alarm sounds depends on things outside our control, including your device's operating system, volume and silent mode settings, Focus or Do Not Disturb modes, battery saving features, software updates, force-closing the App, low battery and device faults.

We cannot guarantee that any alarm will go off at the right time, or at all. You should not rely on the App as your only alarm for important events such as flights, exams, work shifts or medical appointments. Always set a backup alarm for anything important.

5. Physical missions and your safety

Some missions involve physical activity, such as push-ups, squats, walking, shaking your device or moving around your home or outside, possibly while you are still half asleep.

• Only do missions that are safe for you and within your physical ability.
• If you have any medical condition, injury or concern, speak to a doctor before using physical missions, and choose non-physical missions instead.
• Stop immediately if you feel pain, dizziness or discomfort.
• Pay attention to your surroundings, including stairs, furniture, wet floors, other people and traffic.

The App is not a fitness or medical service and does not provide medical advice. You complete physical missions at your own risk and, to the extent permitted by law, we are not responsible for injury or loss arising from them.

6. App Block (future feature)

The current version of the App does not include App Block. If we add it in a future version, App Block will let you block selected apps until you complete a mission or during a schedule you set. App Block will depend on your device's operating system and settings and may not always work as expected. While apps are blocked, you may miss messages, notifications or calls from those apps. You choose which apps to block and are responsible for that choice. Do not block apps you may need in an emergency. App Block will not block your phone's emergency calling, and you will always be able to turn off App Block or remove its permissions in your device settings.

7. Acceptable use

You agree not to:

• Copy, modify, distribute, sell or lease any part of the App.
• Reverse engineer, decompile or attempt to extract the App's source code, except where the law allows.
• Bypass or interfere with subscriptions, paywalls or security features.
• Use the App for any unlawful purpose or in a way that could harm us, the App or other users.
• Use automated tools to access or interact with the App.

8. Accounts and usernames (future feature)

The current version of the App does not offer accounts. If we introduce optional accounts and features such as leaderboards and you create an account:

• You must provide accurate information and keep your login details secure.
• You are responsible for all activity under your account.
• Your username must not be offensive, hateful, sexually explicit, misleading or impersonate another person or brand.
• We may remove or change usernames, or suspend accounts, that break these Terms.
• You can delete your account at any time from within the App.

9. Intellectual property

The App, including its design, code, graphics, sounds, text and the HyperClock name and logo, is owned by us or our licensors and protected by intellectual property laws. These Terms do not give you any ownership rights in the App. Any custom alarm sounds or photos you use stay yours and remain on your device.

10. Third-party services

The App relies on third-party services, such as Apple, Google and RevenueCat, to provide some features. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services.

11. Privacy

Our Privacy Policy explains how we collect and use information when you use the App. It is available at https://hyperclock.app/privacy and forms part of these Terms.

12. Disclaimer

To the extent permitted by law, the App is provided "as is" and "as available". We do not promise that the App will be uninterrupted, error-free or free of harmful components, or that it will meet your requirements or help you achieve any particular result, such as waking up at a certain time or building a habit.

13. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where we are allowed to limit our liability for failing to comply with a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

14. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special or consequential loss, including missed appointments, flights, exams, work or other events, loss of income, loss of data or loss of opportunity, arising from your use of or inability to use the App.
• Our total liability to you for all claims relating to the App is limited to the greater of the amount you paid for the App in the 12 months before the claim arose, or AU$50.

These limits do not apply to liability that cannot be limited by law.

15. Indemnity

To the extent permitted by law, you agree to indemnify us against any claims, losses or costs arising from your breach of these Terms or misuse of the App.

16. Termination

You can stop using the App at any time by deleting it and cancelling any subscription. We may suspend or end your access to the App if you seriously or repeatedly breach these Terms, or if we stop offering the App. Sections that by their nature should survive termination, including sections 9 and 12 to 19, will continue to apply.

17. Apple App Store terms

If you downloaded the App from the Apple App Store:

• These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the App and its content.
• Apple has no obligation to provide any maintenance or support for the App.
• If the App fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• We, not Apple, are responsible for addressing any claims by you or third parties relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection claims.
• If a third party claims the App or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded the App from Google Play, the Google Play Terms of Service also apply to your use of the App.

18. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia, and you and we submit to the courts of New South Wales. If you live outside Australia, you keep any mandatory consumer protections of your country of residence.

If you have a concern or dispute, please contact us first at hyperclockapp@gmail.com so we can try to resolve it informally.

19. General

• If any part of these Terms is found invalid or unenforceable, the rest will continue to apply.
• If we do not enforce a right under these Terms, that does not waive it.
• These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App.
• We may transfer our rights and obligations under these Terms as part of a sale, merger or restructure of our business. You may not transfer yours without our written consent.

20. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above and, if the changes are significant, notify you in the App. Continuing to use the App after an update means you accept the updated Terms.

21. Contact us

Puffin Skincare Pty Ltd

New South Wales, Australia

Email: hyperclockapp@gmail.com

Website: https://hyperclock.app