These Terms of Service ("Terms") govern your access to and use of our mobile applications (App)
"Cali"
"Wohit"
"Lottie Tester"
and our website (indie-Software.com including all sub-domains), and any related services (collectively, the "Services") provided by indie-Software. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Our Privacy Commitment
We are committed to protecting your privacy. Our privacy practices are designed to comply with the Swiss Federal Act on Data Protection (revDSG) and the European Union's General Data Protection Regulation (GDPR). We apply these robust standards to all user data, regardless of your place of residence. We do not sell, trade, or otherwise commercialize your personal data. This commitment extends beyond the requirements of laws like the California Consumer Privacy Act (CCPA). Your data is not shared with third parties for advertising purposes.
1. Legal Notice / Impressum
1.1 Provider Identification / Responsible Party
Sven Korset Radackerstrasse 5 8953 Dietikon Switzerland
Commercial Label / Brand: "indie-Software"
1.2 Contact
Email:
Website: https://indie-software.com
1.3 Note
"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.).
2. Privacy Policy
Our Privacy Commitment
We are committed to protecting your privacy. Our privacy practices are designed to comply with the Swiss Federal Act on Data Protection (revDSG) and the European Union's General Data Protection Regulation (GDPR). We apply these robust standards to all user data, regardless of your place of residence. We do not sell, trade, or otherwise commercialize your personal data. This commitment extends beyond the requirements of laws like the California Consumer Privacy Act (CCPA). Your data is not shared with third parties for advertising purposes.
2.1 Data Controller
Sven Korset (See Section 1: "Legal Notice" for full contact details).
2.2 Legal Basis for Processing (GDPR & revDSG)
We process your data based on the following legal foundations:
Contractual Necessity (Art. 6(1)(b) GDPR): For providing and maintaining the core functionality of our Services (e.g., app provisioning, syncing via iCloud).
Your Consent (Art. 6(1)(a) GDPR): For voluntary actions, such as submitting support logs for error diagnosis.
Legitimate Interests (Art. 6(1)(f) GDPR): For purposes including technical security, anonymized analytics, and abuse prevention, where our interests are balanced against your data protection rights.
For users in Switzerland, all data processing is conducted in accordance with the principles of the revised Federal Data Protection Act (revDSG), including lawfulness, proportionality, and purpose limitation.
When you visit our website, our hoster processes pseudonymized connection data (e.g., IP address, anonymized after 7 days) for technical operation and security. Data is retained for a maximum of 12 months.
If you contact us via email or a form, we process your name, email address, and message content solely to handle your request. This data is typically deleted immediately and no later than 30 days after the conversation concludes.
2.3.2 Data Processing via Apple Services
The use of Apple's services and In-App Purchases is subject to their terms. We have no access to your payment information.
Apple Media Services Terms: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
2.3.2.2 iCloud Sync
Purpose: Syncing your app data (e.g., Cali todos, WoHiT workouts) across your devices.
Processing: Data is synced using Apple's end-to-end encrypted iCloud service. We cannot access this data.
Deletion: You manage and delete this data directly in your iCloud settings. Data remains in iCloud after app deletion and must be manually removed there.
How to Prevent Processing: You can disable iCloud sync for the specific app in iOS Settings > [Your Name] > iCloud. Data is exclusively subject to Apple's privacy terms.
Support: For iCloud-related support, please contact Apple directly.
Purpose: Generating voice guidance (e.g., to speak out exercises in WoHiT).
Processing: Uses Apple's AVSpeechSynthesizer. Processing occurs locally on your device; no data is sent to servers.
How to Prevent Processing: Can be disabled in the respective app's settings.
2.3.2.4 Calendar (EventKit)
Purpose: For displaying, creating, and managing calendar events.
Processing: Data is read and written directly to your iOS calendars via Apple's EventKit framework. Data is managed exclusively by your iOS operating system and is not processed by our servers.
Note for Cali: Access to your calendars is essential for the core functionality of the Cali app. Without it, the App cannot display or manage your events.
How to Prevent Processing: You can manage or revoke the app's access to Calendars at any time in iOS Settings > Privacy & Security > Calendars.
2.3.2.5 Contacts (Contacts Framework)
Purpose: To accurately display birthday information associated with your contacts.
Processing: Contact names and birthdays are read from your iOS address book via Apple's Contacts framework. This data is read-only, used solely for display purposes within the App, and is not stored, processed, or transmitted by our servers.
Note for Cali: Access to your contacts is optional and not required for the core functionality of the Apps. The App remains fully usable without contact access, though birthday information will not be displayed always correctly.
How to Prevent Processing: You can manage or revoke the app's access to Contacts at any time in iOS Settings > Privacy & Security > Contacts.
2.3.3 App Diagnostics & Analytics
This section covers data related to the technical performance and usage of all our apps. The data described below is provided to us by Apple through their developer services (App Store Connect and Crash Reporting). All data is aggregated or anonymized and cannot be linked to a specific user.
Crash Reports: We collect anonymized technical data (app version, iOS version, device type, stack trace) to identify and fix errors. This data is retained for 90 days. You can disable the sharing of crash reports with developers in your iOS settings.
App Store Connect Analytics: We receive aggregated, anonymized usage statistics (install numbers, session duration) from Apple. This data is retained for 2 years. You can disable the sharing of analytics data with developers in your iOS settings.
Voluntary Support Logs: If you voluntarily send us logs for troubleshooting, they may contain technical data or copies of user-created content. We delete these logs no later than 30 days after resolution.
2.4 App-Specific Data Usage
Cali: Uses Apple EventKit (Calendar events), Contacts (Birthday events) and iCloud (Todos) for sync and storage.
WoHiT: Uses Apple iCloud (Workouts) and on-device Text-to-Speech (Voice Guidance).
Lottie Tester: This app does not process, store, or transmit any personal data.
2.5 Your Data Protection Rights
You have the right to access, rectify, erase, and port your data, as well as to object to or restrict its processing (Arts. 15-21 GDPR). To exercise these rights, please contact us using the details provided in Section 2.1.
3. General Terms and Conditions
3.1 License Grant and Usage Rights
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.
3.2 Use of Apple Services & Accounts
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.
3.3 Voluntary Purchase Model & Paywall
Our Apps are free to download and use. They may contain optional in-app purchases.
After a period of use, a paywall may appear. This paywall can be dismissed, and all app features remain fully functional. Any purchase is voluntary support for further development, not a payment to unlock features. (For detailed legal information on purchases, see Section 4.)
3.4 In-App Purchases and Subscriptions (via Apple)
Any in-app purchases, including subscriptions, are processed through the Apple App Store. You agree to abide by Apple's Media Services Terms and Conditions. Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Your Apple ID account will be charged for renewal within 24-hours prior to the end of the current period. You can manage and cancel your subscriptions in your Apple ID Account Settings.
3.5 User-Generated Content
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.
3.6 External Links
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.
3.7 Disclaimer of Warranties & Limitation of Liability
No Warranty: The Services are provided on an "as is" and "as available" basis without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or completely secure.
No Liability for Indirect Damages: To the fullest extent permitted by law, in no event shall indie-Software (Sven Korset) be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
Apps are Tools, Not Professional Advice: The Apps are designed for personal productivity and fitness tracking. They do not constitute medical, legal, or financial advice. You are solely responsible for consulting with a qualified professional for such advice.
3.8 Service Discontinuation
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, with or without notice. This includes, but is not limited to, the cessation of development, release of updates, and provision of support for any of our Apps.
3.9 Termination
We may terminate this agreement and your right to use our Services if you materially breach these Terms.
3.10 Changes to 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.
For the purposes of these Terms, a "Paywall" refers to an occasional screen that may appear within the Apps, 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 permanently lock, restrict, or gatekeep any app features or content.
4.2 Legal Characterization of Payments
All In-App Purchases (one-time and subscriptions) are legally classified as a voluntary contribution to support the development and maintenance of the Apps. They are not a payment for access to core features, as these are fully available without purchase. As a gesture of gratitude, a successful purchase will permanently (for one-time purchases) or for the duration of the subscription period, disable the display of the paywall in the App.
4.3 One-Time Purchases
A one-time purchase is a single, voluntary contribution.
4.4 Subscriptions
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.
4.5 Refunds and Withdrawal
We do not process refunds for In-App Purchases directly. All payments are handled by Apple, and any refund requests (for both one-time purchases and active subscriptions) must be directed to and are subject to the policies of Apple Support.
4.6 No Guarantee of Future Development
Your contribution is made in appreciation of the App's current state. It does not create an obligation for us to deliver specific future features, updates, or a guaranteed lifespan for the App.
5. Disclaimer of Warranties & Limitation of Liability
5.1 No Warranties
The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from harmful components.
5.2 Limitation of Liability
To the maximum extent permitted by law, in no event shall indie-Software (Sven Korset), its suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to or use of or inability to access or use the Services.
Any conduct or content of any third party on the Services.
Any content obtained from the Services.
Unauthorized access, use, or alteration of your transmissions or content.
This limitation applies whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been informed of the possibility of such damage.
5.3 Specific Warnings
Data Loss: You are solely responsible for maintaining backups of any data you enter into our Apps (e.g., workouts, todos). We are not liable for any loss or corruption of such data, including but not limited to data loss resulting from iCloud sync errors, app updates, or device malfunctions.
No Professional Advice: The Apps are provided for personal, informational, and productivity purposes only. They do not constitute medical, legal, financial, or any other professional advice. You are solely responsible for verifying critical information and consulting with a qualified professional.
6. Intellectual Property
6.1 Our Intellectual Property
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.
6.2 License for Press Materials
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.
6.3 Third-Party Intellectual Property
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.
7. Third-Party Licenses & Open-Source
7.1 Acknowledgement
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.
7.2 License Texts
The primary open-source licenses used in our Apps are:
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.
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).
8.2 Place of Jurisdiction
For any disputes arising from or in connection with these Terms, the parties agree that the exclusive place of jurisdiction shall be Zürich, Switzerland. This applies to both consumers and businesses.
9. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court or authority, the remaining provisions of these Terms shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that comes closest to the original economic intent and purpose of the invalid provision.