Terms of Service

1. Agreement to Terms

By downloading, installing, or using MorningSet ("the App"), you agree to be bound by these Terms of Service and End User License Agreement ("Agreement"). If you do not agree to these terms, do not use the App.

This Agreement is between you and Horacki Software ("we," "our," or "us").

2. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for your personal, non-commercial purposes.

3. Description of Service

MorningSet is a morning exercise and app lock application that allows you to:

• Set prescribed morning exercises to complete each day
• Lock selected apps on your iPhone until exercises are completed
• Build a consistent morning routine through accountability

4. Subscription Terms

4.1 Subscription Options

MorningSet offers the following purchase options:

• Monthly Subscription: Billed monthly, auto-renews until cancelled.
• Yearly Subscription: Billed annually, auto-renews until cancelled.
• Lifetime Purchase: One-time payment for permanent access to premium features.

4.2 Billing and Renewal

Subscriptions are billed through your Apple ID account. Monthly and yearly subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

4.3 Managing Subscriptions

You can manage or cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period.

4.4 Refunds

All purchases are processed by Apple and are subject to Apple's refund policies. To request a refund, please contact Apple Support directly.

5. App Lock Functionality

MorningSet uses Apple's Screen Time API (Family Controls framework) to restrict access to apps you select. By using this feature, you acknowledge and agree that:

• App locking functionality is provided on a best-effort basis and depends on Apple's Screen Time framework
• We are not responsible for any limitations or changes to the Screen Time API imposed by Apple
• The App lock feature is intended as a personal productivity tool and not a parental control or security solution
• You are responsible for your own decisions regarding which apps to lock and which exercises to prescribe

6. User Responsibilities

You are responsible for:

• Configuring exercises and app locks appropriately for your personal health and circumstances
• Ensuring that locking apps does not prevent you from accessing emergency services or critical communications
• Using the App in compliance with all applicable laws
• Consulting a medical professional before beginning any new exercise program

7. Health Disclaimer

MorningSet is a productivity and habit-building tool. It is NOT a medical device, fitness program, or substitute for professional medical or fitness advice. You should consult a qualified healthcare provider before beginning any new exercise routine. Horacki Software is not responsible for any injury or health issue arising from exercises performed while using the App.

8. Data and Privacy

MorningSet does not collect, transmit, or store any personal data. All App settings remain on your device. Please review our Privacy Policy for complete details.

9. Intellectual Property

The App, including all content, features, and functionality, is owned by Horacki Software and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our written consent.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will meet your specific requirements
• The App will be uninterrupted, timely, secure, or error-free
• The app lock functionality will operate without interruption or limitation
• Any errors in the App will be corrected

11. Limitation of Liability

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

• Loss of access to locked apps
• Any injury or health issue arising from exercise use
• Loss of productivity or revenue
• Any other pecuniary loss

Our total liability for any claims arising from your use of the App shall not exceed the amount you paid for the App in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Horacki Software from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the App or violation of this Agreement.

13. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including breach of this Agreement. Upon termination, your right to use the App will immediately cease.

14. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of significant changes through the App or by other means. Your continued use of the App after changes constitutes acceptance of the modified terms.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regard to its conflict of law provisions. Any disputes arising from this Agreement shall be resolved in the courts of Saskatchewan, Canada.

16. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

This Agreement constitutes the entire agreement between you and Horacki Software regarding the App and supersedes all prior agreements and understandings.

18. Contact Information

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

Email: horackisoftware@gmail.com