The terms of use.

1. Agreement

These Terms and Conditions (the “Terms”) are an agreement between you and Jafeth Garro, an individual developer based in Costa Rica (“we”, “us”, “the developer”), for the Office Wise app (the “App”) and the website at officewise.app (the “Site”). Our Privacy Policy explains how information is handled and forms part of these Terms.

If you do not agree to these Terms, do not download, install or use the App or the Site.

You must be at least 18 years old, or the age of majority where you live, to accept these Terms, and you must be able to enter into a binding contract. You must also comply with the Apple Media Services Terms and Conditions, which govern your App Store account.

2. License

We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the App on Apple devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, for your own personal, non-commercial purposes.

The App is licensed, not sold. We and our licensors keep all rights, title and interest in the App and the Site, including the software, design, text, graphics, icons, the “Office Wise” name and logo, and all related intellectual property. Nothing in these Terms gives you any right to use our name, logo or trademarks.

3. What the App is, and what it is not

The App helps one person record the days they went to the office and estimate, from the information they enter, how those days compare to an attendance policy they configure. It offers calculations, suggestions and recommendations as a convenience.

The App is an informational tool only. In particular:

• It is not legal, employment, human-resources, tax or professional advice, and it does not create any professional relationship.
• It is not an official record. Your employer’s records, systems, policies and decisions govern your attendance obligations, not the App. The App is not connected to your employer and has no knowledge of your employer’s actual rules.
• Its results depend entirely on the information you enter and the settings you choose (your schedule, policy, period, time off and holidays). If that information is incomplete, out of date or wrong, the results will be too.
• Suggestions, plans, “should I go today?” recommendations and other outputs are estimates and guidance, not instructions or guarantees of compliance.

You are solely responsible for the accuracy of what you enter, for verifying any result against your employer’s policy and records before relying on it, and for meeting your attendance and other workplace obligations. To the maximum extent permitted by law, we are not responsible for any consequence of attendance decisions you make, or decisions your employer makes, including warnings, disciplinary measures, loss of pay or benefits, or termination of employment.

The App is designed for personal use by one person. You must not use it to monitor, track or evaluate any other person, or as a timekeeping, payroll or HR system.

4. Your data and backups

The information you enter belongs to you and is stored on your device, as described in the Privacy Policy. We do not host it, so we cannot recover data that is lost, for example because a device is lost, damaged, reset or replaced, because the App is deleted, because of an iOS or iCloud problem, or because of an error in the App. You are responsible for keeping your own backups, for example with iCloud Backup or the App’s export.

You are responsible for any file you export and for where you share it, including with your employer.

5. Acceptable use

You agree not to, and not to help anyone else to:

• copy, modify, translate or create derivative works of the App, except as allowed by these Terms;
• decompile, disassemble, reverse engineer or attempt to obtain the source code of the App, except to the extent applicable law expressly permits this despite this restriction;
• rent, lease, lend, sell, redistribute or sublicense the App, or offer it as a service to others;
• remove, bypass, disable or interfere with purchase checks, entitlement checks or other technical protections;
• remove or alter any copyright, trademark or other notice;
• use the App or the Site for any unlawful purpose, to violate anyone’s privacy or rights, or in breach of any agreement with your employer;
• attack, overload, scrape or disrupt the Site or the services it depends on.

6. Premium features and purchases

The App is free to download and its core features are free. We may offer optional paid features (“Premium”) as an auto-renewing subscription or as a one-time purchase. Premium is not available yet; when it is, these terms apply to it:

• All purchases are made through Apple’s App Store and are processed by Apple, not by us. Prices are shown in the App Store before you buy, in your local currency, and may include taxes.
• Subscriptions renew automatically at the end of each period at the then-current price, unless you turn off auto-renewal at least 24 hours before the period ends. Your Apple ID is charged within 24 hours before renewal. You can manage or cancel a subscription in your Apple ID settings at any time; cancellation takes effect at the end of the current period, and you keep access until then.
• If a free trial is offered, it converts to a paid subscription when it ends unless you cancel at least 24 hours before. Any unused part of a trial is forfeited when you purchase a subscription, where Apple’s rules provide so.
• Refunds are handled by Apple under its policies, at reportaproblem.apple.com. We cannot issue refunds or see your payment details.
• A one-time (“lifetime”) purchase gives access to the Premium features included in it for as long as we continue to offer and support the App; it is not a promise to maintain the App for the lifetime of any person, and it does not include future paid features we may introduce separately.
• We may change prices for future periods, and add, change or remove Premium features. If we raise a subscription price, Apple will notify you and, where required, ask for your consent before the new price applies.
• If Premium ends, your data is not deleted, data export stays free, and your existing records keep counting; only the Premium features stop, as explained in the App.

7. Device permissions and automatic features

Some features, available now or later, depend on iOS services and permissions such as widgets, Siri and Shortcuts, notifications, location, calendars, iCloud and Apple Intelligence. These depend on your device, its settings, its battery and connectivity, and on Apple. Automatic features such as location-based detection and notifications may be delayed, miss events or record them incorrectly. Always check the records that matter to you. We are not responsible for a feature that is unavailable, or that behaves differently, because of your device, its settings, iOS or Apple’s services.

Answers produced with artificial intelligence can be incomplete or wrong. Verify them before relying on them.

8. Changes to the App

We may update, change, suspend or discontinue the App, the Site or any feature at any time, including to comply with law or Apple’s requirements. We are not obliged to provide updates, maintenance or support, or to keep the App available on any device or iOS version. Some updates may be required to keep using the App.

9. Feedback

If you send us ideas, suggestions or other feedback, you allow us to use them freely, without any obligation or payment to you. Please do not send anything you consider confidential.

10. Third-party services

The App and the Site rely on services provided by others, such as Apple and Cloudflare, and the Site may link to other websites. Those services are governed by their own terms and policies, and we are not responsible for them, their availability or their content.

11. Disclaimer of warranties

To the maximum extent permitted by applicable law, the App and the Site are provided “as is” and “as available”, with all faults and without warranty of any kind. We disclaim all warranties and conditions, whether express, implied or statutory, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. We do not warrant that the App will meet your requirements, that it will be uninterrupted, timely, secure or error-free, that its calculations, suggestions or recommendations will be accurate or complete, that it will satisfy any workplace policy, or that errors will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12. Limitation of liability

To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of employment, income, wages, benefits, profits, data, goodwill or opportunity, or for the cost of substitute services, arising out of or related to these Terms, the App or the Site, however caused and on any theory of liability (contract, tort including negligence, or otherwise), even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total liability for all claims arising out of or related to these Terms, the App or the Site is limited to the greater of (a) the amount you paid us for the App in the twelve (12) months before the event giving rise to the claim, and (b) ten US dollars (USD 10).

These limitations apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence, where the law does not permit such a limitation.

13. Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold us harmless from any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) brought by a third party, including your employer, that arise from your misuse of the App or the Site, your breach of these Terms, or your violation of any law or of the rights of another person.

14. Termination

You can stop using the App at any time by deleting it. These Terms, and your license, end automatically if you breach them. When they end, you must stop using and delete the App. Sections 3, 4, 9 and 11 to 19 survive termination.

15. Apple

These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws. Apple is not responsible for the investigation, defense, settlement or discharge of any claim that the App infringes a third party’s intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple may enforce them against you.

If these Terms conflict with Apple’s Licensed Application End User License Agreement, these Terms apply to the extent permitted, and Apple’s minimum terms always apply.

16. Governing law and disputes

These Terms are governed by the laws of the Republic of Costa Rica, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting any formal proceeding, please contact us at legal@officewise.app so we can try to resolve the issue informally within 30 days. Any dispute that cannot be resolved this way will be submitted to the competent courts of San José, Costa Rica, and you and we consent to their jurisdiction. To the extent permitted by law, disputes will be resolved on an individual basis and not as a class, collective or representative action.

If you are a consumer, nothing in these Terms removes the protection of mandatory laws of the country where you live, including your right to bring a claim in your local courts where the law gives you that right.

17. Changes to these Terms

We may change these Terms from time to time. The date at the top shows when the current version took effect. If a change is significant, we will give reasonable notice in the App or on the Site before it takes effect. Continuing to use the App or the Site after a change takes effect means you accept the updated Terms; if you do not agree, stop using them.

18. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App and the Site. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest of the Terms remain in effect. Our failure to enforce a provision is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them, for example to a successor of the App. Nothing in these Terms creates a partnership, employment or agency relationship. We are not liable for delays or failures caused by events beyond our reasonable control.

These Terms are available in English and Spanish. If the versions conflict, the English version prevails, except where the law of your country requires the version in your language to prevail.

19. Contact

Jafeth Garro, Costa Rica

• Legal: legal@officewise.app
• Support: support@officewise.app