End User Licence Agreement
This agreement covers your use of Pole Lap Logger (the "App"), however you obtained it — through the Apple App Store or through Google Play. English is the authoritative version of this agreement; 日本語版はこちら（参考訳）。
Which versions these terms apply to.
These terms apply to the Google Play version of the App. On the App Store, the version released initially links to Apple's Licensed Application End User License Agreement from within the app, and that agreement governs it; these terms apply to the App Store version from its first update after that initial release.
1. Who this agreement is between
This agreement is concluded between you and Tasuku Endo (trading as 3rd and Forward) ("we", "us") only, and not with Apple. Apple is not a party to it. Google is likewise not a party to it, and has no obligations or liability under it. We, not Apple and not Google, are solely responsible for the App and its contents.
2. Your licence
We grant you a non-exclusive, non-transferable licence to use the App on any device that you own or control, for your own use, and subject to the usage rules of the store you obtained the App from — the Apple Media Services Terms and Conditions, or the Google Play Terms of Service. You may not sell, rent out, lend or sublicense the App, and you may not attempt to derive its source code except to the extent that the law permits regardless of this restriction.
If you obtained the App through Google Play, nothing in this agreement reduces the rights that Google's Developer Distribution Agreement grants you; where that agreement and this one conflict, that agreement prevails.
3. What the App is, and what it is not
The App records lap times, sector times, speed, position and sensor data, and plays them back. Everything it reports is derived from a GPS signal and from your device's sensors.
- It is not an official timing device. Its times are not suitable for competition results, records, or any purpose where an official time matters.
- Its readings can be wrong. GPS accuracy varies with sky view, weather, receiver quality and how the device is mounted. The moment a timing line is crossed is interpolated by the App, not measured directly.
- Do not use it to make safety decisions. Nothing it displays should influence how fast you go, when you brake, or whether a manoeuvre is safe.
- Do not operate it while driving or riding. Set it up before you go out, and read it when you have stopped.
- Use it only on a closed circuit or in a controlled environment, and follow the rules of the venue you are at.
You are responsible for how you drive or ride, for the condition of your vehicle, and for complying with the rules of the circuit and with the law. That responsibility is yours whether or not you are using the App.
4. Maintenance and support
We are solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services for it. Send support requests to support.
5. Warranty
To the fullest extent permitted by law, the App is provided "as is" and "as available", without warranty of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or compatible with any particular device or GPS receiver.
We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty and you obtained it through the App Store, you may notify Apple, and Apple will refund the purchase price of the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
If you are a consumer, your statutory rights are not affected by this section.
6. Product claims
We, not Apple, are responsible for addressing any claims of yours or of any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
7. Intellectual property claims
If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
8. Legal compliance
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been 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.
9. Purchases
Premium unlocks unlimited session storage. It is offered as an auto-renewing monthly or yearly subscription, or as a one-time lifetime purchase.
The store you obtained the App from is the seller of record. Billing, renewal, cancellation and refunds are governed by that store's terms and its refund policy, and you manage and cancel subscriptions there rather than in the App. We never receive your payment details.
If we change the price of a subscription, the change is handled through the store, which notifies you and asks for your agreement where its rules require it. You can cancel before the change takes effect.
10. Your data
The App has no accounts and no server of ours. What it stores on your device, and the small amount of anonymous usage data it sends only if you agree to it, are described in our privacy policy at https://polelaplogger.com/privacy/, which forms part of this agreement.
11. Limits on our liability
Nothing in this agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our wilful misconduct or gross negligence, or for anything else that the law does not allow us to limit or exclude. If you are a consumer, your statutory rights are unaffected by this agreement.
Subject to the paragraph above, and to the fullest extent permitted by law:
- we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or opportunity; and
- our total liability arising out of or in connection with the App and this agreement is limited to the greater of the total amount you paid for the App and its in-app purchases in the twelve months before the event giving rise to the claim, and JPY 5,000.
12. Third party terms
You must comply with any applicable third party terms of agreement when using the App. These include the terms of your wireless data plan, the Google Maps terms that apply to the maps shown in the App, and the OpenStreetMap Foundation's terms that apply to place search.
13. Third party beneficiary
Apple and Apple's subsidiaries are third party beneficiaries of this agreement, and upon your acceptance of it Apple will have the right — and will be deemed to have accepted the right — to enforce this agreement against you as a third party beneficiary of it.
14. Changes to this agreement
We may change this agreement. If a change is material we will say so on this page and update the version and effective date above before it takes effect. Continuing to use the App after a change takes effect means you accept it. If you do not accept it, stop using the App; if you have a subscription you can cancel it in the store you bought it from.
15. Ending this agreement
You may stop using the App and delete it at any time. If you seriously or repeatedly breach this agreement we may cease providing support and updates to you. Sections 3, 5, 6, 7, 11 and 16 survive the end of this agreement.
16. Governing law
This agreement is governed by the laws of Japan. The Tokyo District Court and the Tokyo Summary Court have non-exclusive jurisdiction as courts of first instance over disputes arising from it.
If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction whose law gives you the protection of mandatory local rules, this section does not deprive you of that protection or of the right to bring proceedings in the courts of your place of residence.
17. Contact
Tasuku Endo (trading as 3rd and Forward)
6F, REMIX Nihonbashi, 2-16-4 Nihonbashi, Chuo-ku, Tokyo 103-0027, Japan
support
Send any questions, complaints or claims about the App to that address.