Terms of Service

These Terms of Service (the “Terms”) govern your use of the Recurra mobile application for iOS (the “App”) and the website at oblabs.co/recurra (the “Site,” and together with the App, the “Service”), provided by OB Labs LLC, a Delaware limited liability company (“OB Labs,” “we,” “us,” or “our”). By installing, accessing, or using the Service, you agree to these Terms.

Section 12 (Dispute resolution) contains an arbitration agreement and a class-action waiver that affect your legal rights. Please read it carefully.

1. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.

2. License to use the App

Subject to your compliance with these Terms, OB Labs grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on any iOS device you own or control, solely for your own personal use (or, if you are a business user, your own internal business use).

The App is licensed, not sold. OB Labs and its licensors retain all right, title, and interest in and to the Service, including all intellectual property rights.

3. In-app purchases and pricing

The App is free to download. Certain features (the “Pro” unlock) require a one-time, non-consumable in-app purchase processed through the Apple App Store. The current price for the Pro unlock is $9.99 (USD), subject to applicable taxes and currency conversion outside the United States. Pricing may change for new purchasers; you will see the current price in the App and in the App Store before completing your purchase.

Once you purchase the Pro unlock, you may restore it on other iOS devices that share your Apple ID, in accordance with Apple's policies. Apple, not OB Labs, is responsible for billing, refunds, and account management for App Store purchases. To request a refund, use Apple's standard request-a-refund process at reportaproblem.apple.com.

The App does not contain auto-renewing subscriptions.

4. Your content

The App processes content you create or capture — including, for alarms, recurrence rules, and timer sequences — on your device. You retain all rights you have in your content. We claim no ownership of it.

You are solely responsible for your content and for ensuring that you have the right to use the App with that content (for example, that you have the right to scan or photograph a particular document).

5. Acceptable use

You agree not to, and not to attempt to:

• use the Service in violation of any applicable law, regulation, or third-party right;
• use the Service to harass, defraud, or harm another person, or to process content you do not have the right to process;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent applicable law expressly permits despite this prohibition;
• remove or alter any copyright, trademark, or other proprietary notices on or in the Service;
• circumvent any technical limitation of the App or use it in a manner that imposes an unreasonable load on the Service or on OB Labs's service providers;
• rent, lease, sell, sublicense, or otherwise transfer your right to use the App; or
• use the App to develop a competing product or to copy any of the App's features or design.

6. Updates

OB Labs may release updates to the App from time to time. These Terms apply to all updates, replacements, and add-ons unless a separate agreement accompanies them, in which case that separate agreement governs. OB Labs is not obligated to provide any specific updates or to continue supporting any specific version of the App or any specific iOS version.

7. Third-party services

The Service relies on services provided by third parties, including Apple Inc. for distribution and payment processing and the third parties listed in our Privacy Policy. Your use of those services is governed by their own terms and privacy policies. OB Labs is not responsible for the acts or omissions of any third-party service provider.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OB LABS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

OB LABS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. ALARMS AND TIMERS DELIVERED THROUGH THE APP DEPEND ON APPLE'S ALARMKIT FRAMEWORK AND THE OPERATING SYSTEM OF YOUR DEVICE. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE FIRING OF ANY ALARM ON WHICH SAFETY, HEALTH, FINANCIAL, OR OTHER MATERIAL CONSEQUENCES DEPEND.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OB LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OB LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OB LABS'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO OB LABS FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $50.00.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the above limitations apply to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless OB Labs and its affiliates, officers, directors, employees, and agents from and against any claim, demand, loss, or damages (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your content, (c) your violation of these Terms, or (d) your violation of any applicable law or third-party right.

11. Termination

You may stop using the Service at any time by uninstalling the App.OB Labs may suspend or terminate your access to the Service at any time, with or without notice, if we believe in good faith that you have violated these Terms or that doing so is necessary to protect the Service, our users, or third parties.

Sections 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14 will survive termination of these Terms.

12. Dispute resolution

12.1 Informal resolution

Before filing any formal proceeding, you agree to first contact us at legal@oblabs.co and describe your concern. We will attempt in good faith to resolve your concern informally within 60 days.

12.2 Binding arbitration

If informal resolution does not resolve the dispute, you and OB Labs agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms (a “Dispute”) will be resolved by binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules (for individual claims under USD $250,000) or JAMS Comprehensive Arbitration Rules (for larger claims). The arbitration will be held in Dallas County, Texas, or, at your election, in the county where you reside, or remotely. The arbitrator's award will be final and binding, and judgment may be entered on it in any court of competent jurisdiction.

12.3 Class-action waiver

You and OB Labs each agree to bring Disputes only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

12.4 Carve-outs

Either party may bring an individual action in small-claims court for a Dispute within that court's jurisdiction. Either party may also seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights.

12.5 Opt-out

You may opt out of the arbitration agreement in Sections 12.2 and 12.3 by sending written notice to legal@oblabs.co within 30 days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration with respect to the App. If you opt out, the remaining provisions of these Terms will continue to apply.

13. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 12.

14. Apple-required terms

You acknowledge that these Terms are between you and OB Labs, not between you and Apple Inc. (“Apple”), and that OB Labs (not Apple) is solely responsible for the App. The scope of the license granted in Section 2 is limited to use on an Apple-branded device that you own or control, as further described in the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

Apple has no obligation to provide maintenance or support for the App. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the App; any claims, losses, liabilities, damages, costs, or expenses attributable to a failure of the App to conform to any warranty will be OB Labs's sole responsibility, subject to Section 9.

OB Labs is solely responsible for addressing any user or third-party claims relating to the App, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer- protection, privacy, or similar legislation.

In the event of any third-party claim that the App or your possession or use of the App infringes that third party's intellectual property rights, OB Labs (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of such claim, subject to Section 10.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Changes to these Terms

We may modify these Terms from time to time. When we do, we will update the “Effective” date at the top of this page and, if the changes are material, we will provide additional notice through the App or by email if you have contacted us. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of them.

16. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OB Labs regarding the Service and supersede all prior agreements regarding the Service. Our failure to enforce any provision of these Terms is not a waiver of that provision. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms may be sent to:

OB Labs LLC
Attn: Legal
5600 W Lovers Ln, Ste 116-276, Dallas, TX 75209
Email: legal@oblabs.co