Terms of Service

These Terms govern your access to and use of the products and services provided by Cypress Applications, LLC. Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. We refer to Cypress Applications, LLC as “we” throughout these Terms.

2. Fees, Payment, and Renewal

Curlytics currently offers a subscription-based model for premium services. This subscription is offered through Apple's App Store In-App Purchases model and is subject to their Terms and license agreements. Subscription prices are fixed, divided into time-period based tiers, and renew automatically unless manually cancelled by the user. Renewal, transferring between subscription tiers, and manual cancellation are subject to the guidelines of Apple's automatic subscription renewal process.

Curlytics periodically accesses App Store data to determine your subscription status. This process does require an Internet connection. While the application is still usable offline, please note that premium features may be disabled temporarily if a valid subscription status cannot be determined.

Curlytics Services offered by the application's subscription-based model will be clearly delineated as Premium features in the application. We reserve the right to add to or modify this feature set in the future.

Super Simple Scoreboard offers a one-time purchase to indefinitely unlock Premium features (clearly delineated as such) in the application. We reserve the right to add to or modify this feature set in the future.

3. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

4. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Cypress Applications, LLC, or if Cypress Applications, LLC posts a revised version. Any changes will be posted here, and the “Last Updated” date will be modified to reflect the date of these changes. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

5. Disclaimers

Our Services are provided “as is.” Cypress Applications, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cypress Applications, LLC, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

6. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.

7. Limitation of Liability

In no event will Cypress Applications, LLC, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Cypress Applications, LLC under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Cypress Applications, LLC shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

8. Indemnification

You agree to indemnify and hold harmless Cypress Applications, LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.

9. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

10. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Cypress Applications, LLC and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Cypress Applications, LLC may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.