Last updated: January 2025
By downloading, installing, or using the Pearl mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
Pearl is a habit tracking application that allows users to participate in challenges, track daily progress, and visualize their achievements. The App may integrate with Apple HealthKit to access health-related data with your permission.
You must be at least 13 years old to use this App. By using the App, you represent that you meet this age requirement.
You may be required to create an account using Apple Sign-In. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.
You agree not to:
The App, including its design, graphics, and content, is owned by Kyle Barber and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without prior written consent.
The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition. The App is for informational and motivational purposes only. Always consult a qualified healthcare provider before starting any health or fitness program.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYLE BARBER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.
You agree to indemnify and hold harmless Kyle Barber from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the App or violation of these Terms.
I reserve the right to terminate or suspend your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App will immediately cease.
I may modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the modified Terms. Material changes will be communicated through the App or via email.
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kyle Barber regarding your use of the App.
If you have any questions about these Terms, please contact me at kyle@addpearl.com.