Terms of Service

"indie-Software" is the brand name for the self-employed, commercial activity of Sven Korset (sole proprietorship / Einzelfirma). It is not a separate legal entity (such as a GmbH/LLC or AG/Inc.).

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use our Apps for your personal, non-commercial purposes on Apple-branded products that you own or control.

Certain features of our Apps (such as iCloud sync) require you to be signed into your personal Apple ID account. Your use of Apple's services, including iCloud, is governed by Apple's own Terms and Conditions and Privacy Policy. We are not responsible for the operation, security, or availability of these Apple services.

Our Apps employ different access models:

• "Lottie Tester": Completely free with all features accessible without any purchase requirements.
• "Cali": Currently follows a voluntary support model where all features remain fully accessible. A future update may introduce a freemium model with premium features.
• "WoHiT": Employs a freemium model where basic functionality is freely accessible, while advanced features ("Premium Features") require a purchase (either one-time or subscription).

Specific details for in-app purchases and subscriptions are provided in Section 4.

You are solely responsible for any content you create, input, or sync using our Services or Apple's Services (e.g., todos, workouts, calendar events). You agree not to use these Services to transmit any content that is unlawful, offensive, or infringes on third-party rights.

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You access them at your own risk.

We reserve the right to discontinue, suspend, or modify any part of our Services (including any App or website), at any time and for any reason.

This includes, but is not limited to, the cessation of development, release of updates, and provision of support for any of our Apps.

We may terminate this agreement and your right to use our Services if you materially breach these Terms.

We reserve the right to modify these Terms at any time. We will provide notice by updating the "Last Updated" date. Your continued use after such changes constitutes acceptance of the new Terms.

Our Apps employ different access and monetization models:

• "Lottie Tester" - Completely Free: All features are accessible without any purchase requirements or restrictions.
• "Cali" - Voluntary Support Model: All features remain fully accessible at all times. Optional in-app purchases serve to support ongoing development and remove occasional paywall screens.
• "WoHiT" - Freemium with Premium Features: Basic functionality is freely accessible, while advanced features ("Premium Features") require either a one-time purchase or an active subscription.

5.2.1 Definition of the Paywall

For Cali, a "Paywall" refers to an occasional screen that may appear, presenting the option to make a voluntary purchase. The Paywall may include a brief, timed countdown that must elapse before it can be dismissed. Apart from this brief waiting period, the Paywall does not lock, restrict, or gatekeep any app features or content.

5.2.2 Consideration for In-App Purchases

In-App Purchases in Cali provide consideration in the form of permanent removal of paywall screens and their associated waiting periods. All app functionality remains available without purchase. Payments serve as compensation for this convenience enhancement and support ongoing development.

5.2.3 One-Time Purchase

A one-time purchase permanently removes paywall screens from Cali.

5.2.4 Future Model Changes

Cali may transition to a freemium model with premium features in a future update. Such changes will be announced within the App and reflected in an updated version of these Terms.

5.3.1 Basic vs. Premium Features

WoHiT offers basic functionality free of charge. Access to advanced features ("Premium Features") requires either a one-time purchase or an active subscription. The specific features included in each tier are described within the App.

5.3.2 Feature Access

Without a valid purchase or active subscription, Premium Features will be locked or inaccessible. Basic features remain available.

5.3.3 Purchase Options

Premium Features can be accessed through either:

• A one-time purchase granting lifetime access to current Premium Features; or
• A subscription providing access to Premium Features for the duration of the active subscription period.

• Auto-Renewal: Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Management and Cancellation: Subscription management is conducted exclusively through your Apple ID Account Settings. We cannot process cancellations.
• Price Changes: We reserve the right to change subscription prices. Apple will notify you of price changes according to their procedures, and continued use constitutes acceptance of the new price.

Your purchase is made in appreciation of the App's current state and feature set. It does not create an obligation for us to deliver specific future features, updates, or a guaranteed lifespan for the App.

Refund Processing via Apple: All payments for in-app purchases are processed exclusively by Apple Inc. through the App Store. Accordingly, we do not process refunds directly. Any request for a refund, regardless of the reason, must be directed to Apple Support through your device's purchase history or via reportaproblem.apple.com. Apple's own terms, conditions, and policies govern all refund decisions.

Acknowledgment of Apple's Role: By making an in-app purchase, you acknowledge and agree that Apple is solely responsible for handling all payment-related matters, including refund requests. You covenant not to seek refunds or chargebacks directly from us (Sven Korset / indie-Software).

EU/EEA and Swiss Consumers – Right of Withdrawal: If you are a consumer resident in the EU, EEA or Switzerland, you generally have a statutory 14-day right of withdrawal for digital content. However, by purchasing a subscription or one-time unlock and confirming that you wish the digital content/service to be provided immediately, you expressly agree that we may begin performance before the end of the withdrawal period and you thereby lose your right of withdrawal (see Art. 16(m) Consumer Rights Directive / § 356 Abs. 5 BGB / Art. 4 FAGG etc.). Apple’s refund process as described above remains available to you in any case.

The Services, including but not limited to the "Cali", "WoHiT", and "Lottie Tester" applications, their source code, designs, graphics, user interfaces, app icons, screenshots, sounds, music, and all related documentation are the intellectual property of Sven Korset (indie-Software) and are protected by copyright, trademark, and other applicable laws. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of the software.

The press kit materials (including app icons and screenshots) provided on our website are licensed for use by journalists, bloggers, and reviewers for editorial purposes. This use requires clear attribution to "indie-Software". Any other use, including commercial use, requires prior written permission.

All trademarks, service marks, and trade names are the property of their respective owners. This includes, but is not limited to:

• Apple, Inc.: Apple, App Store, iTunes, iCloud, iPhone, iPad, iOS, and Siri are trademarks of Apple Inc., registered in the U.S. and other countries.
• Infomaniak Network AG: Infomaniak is a trademark of Infomaniak Network AG.
• Spotify AB: Spotify and the Spotify logo are trademarks of Spotify AB.
• Deezer S.A.: Deezer is a trademark of Deezer S.A.

Our use of third-party trademarks is for identification purposes only and does not imply any endorsement or affiliation with these parties.

Our Apps utilize open-source software. We are deeply grateful to the developers and communities behind these projects. The use of such software is in compliance with their respective licenses.

The primary open-source licenses used in our Apps are:

• MIT License
• Apache License 2.0

The following is a list of significant open-source components used within our Apps, along with their applicable licenses. Please note that this list might not be exhaustive for minor dependencies.

Cali

• DeviceKit (MIT) - https://github.com/devicekit/DeviceKit
• Factory (MIT) - https://github.com/hmlongco/Factory
• INCommons (MIT) - https://github.com/indieSoftware/INCommons
• INLogger (MIT) - https://github.com/indieSoftware/INLogger
• Lottie (Apache-2.0) - https://github.com/airbnb/lottie-ios
• Navigator (MIT) - https://github.com/hmlongco/Navigator

Lottie Tester

• Lottie (Apache-2.0) - https://github.com/airbnb/lottie-ios

WoHiT

• DeviceKit (MIT) - https://github.com/devicekit/DeviceKit
• Factory (MIT) - https://github.com/hmlongco/Factory
• INCommons (MIT) - https://github.com/indieSoftware/INCommons
• INLogger (MIT) - https://github.com/indieSoftware/INLogger
• Navigator (MIT) - https://github.com/hmlongco/Navigator

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

For business customers and users who do not qualify as consumers: The exclusive place of jurisdiction shall be Zürich, Switzerland.

For consumers: Mandatory statutory provisions on jurisdiction shall apply. In particular, consumers domiciled in the EU, EEA or Switzerland may also bring an action at their place of residence.