Terms of Use

Agreement to our legal terms

We are Matcha Minutes (“Company”, “we”, “us”, or “our”). The Matcha Minutes app is published on the App Store by Mohammad Razzaq.

We operate the mobile application Matcha Minutes (the “App”) and its website, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (together, the “Services”).

You can contact us by email at support@matchaminutes.com.

These Legal Terms form a legally binding agreement between you and Matcha Minutes about your access to and use of the Services. You may be using the Services personally or on behalf of an entity (“you”). By accessing the Services, you agree that you have read, understood and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU MUST NOT USE THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.

Supplemental terms or documents that we post on the Services from time to time are expressly incorporated into these Legal Terms. We may change or modify these Legal Terms from time to time. We will tell you about changes by updating the “Last updated” date of these Legal Terms. If a change significantly affects your rights, we will give you reasonable notice before it takes effect. If you continue to use the Services after revised Legal Terms take effect, the revised Legal Terms will apply to you.

All users who are minors in the jurisdiction where they live (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these Legal Terms before you use the Services.

Nothing in these Legal Terms affects your statutory rights as a consumer that cannot be excluded or limited by contract.

We recommend that you print a copy of these Legal Terms for your records.

1. Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement in that jurisdiction or country. If you choose to access the Services from other locations, you do so on your own initiative and are solely responsible for complying with local laws, if and to the extent they apply.

Matcha Minutes is a focus timer. It is not a medical or health product.

2. Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (together, the “Content”), as well as the trademarks, service marks and logos contained in them (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws, other intellectual property rights and unfair competition laws, and treaties around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “Prohibited activities” section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use the Services, Content or Marks in any way other than as set out in this section or elsewhere in our Legal Terms, please send your request to support@matchaminutes.com. If we ever give you permission to post, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content or Marks. You must also ensure that any copyright or proprietary notice appears or is visible when you post, reproduce or display our Content.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any breach of these intellectual property rights is a material breach of our Legal Terms, and your right to use our Services will end immediately.

Your submissions

Submissions. You may send us questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”). You keep any intellectual property rights you have in your Submissions. You give us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, adapt and share them for any lawful purpose, without acknowledgment or compensation to you.

You are responsible for what you send. By sending us Submissions, you:

• confirm that you will not send any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading;
• to the extent permitted by applicable law, waive any moral rights in such Submissions;
• warrant that your Submissions are original to you, or that you have the necessary rights and licences to send them and to grant us the rights above; and
• warrant and represent that your Submissions are not confidential information.

3. User representations

By using the Services, you represent and warrant that:

1. you have the legal capacity, and you agree to comply with these Legal Terms;
2. you are not a minor in the jurisdiction where you live or, if you are a minor, you have received parental permission to use the Services;
3. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
4. you will not use the Services for any illegal or unauthorised purpose; and
5. your use of the Services will not violate any applicable law or regulation.

The App does not require you to create an account or register.

4. Purchases and payment

Matcha Minutes is free to download. Matcha Minutes Pro is an optional auto-renewing subscription available as an in-app purchase.

All purchases are made through Apple’s App Store and are processed by Apple using the payment method linked to your Apple Account. Your purchase is also subject to Apple’s Media Services Terms and Conditions. We do not receive or store your payment card details.

The subscription options, price, currency and billing period are shown in the App and on Apple’s payment sheet before you confirm your purchase. Prices may vary by country or region and may include taxes, as determined by Apple. We may change prices in future, as described in section 5. We reserve the right to correct any errors or mistakes in pricing.

5. Subscriptions

Billing and renewal

Payment is charged to your Apple Account when you confirm your purchase. Your subscription will continue and automatically renew at the end of each billing period, unless you cancel it at least 24 hours before the end of the current period. Apple charges your Apple Account for the renewal within the 24 hours before the current period ends. The length of your billing period depends on the subscription plan you choose.

Free trials and introductory offers

We may offer free trials or introductory prices to eligible users. If an offer is available, its length, the price you will pay when it ends and any eligibility conditions are shown before you confirm your purchase. Apple decides whether you are eligible. Unless you cancel at least 24 hours before a free trial ends, your subscription will renew automatically at the price shown.

Cancellation

Subscriptions must be cancelled through your Apple Account subscription settings: on your device, go to Settings › [your name] › Subscriptions, or visit apps.apple.com/account/subscriptions. We cannot cancel subscriptions for you. Your cancellation will take effect at the end of the current paid period. Deleting the App does not cancel your subscription. If you have any questions or are unsatisfied with our Services, please email us at support@matchaminutes.com.

Fee changes

We may, from time to time, change the subscription price. Apple will tell you about any price changes, and ask for your agreement where its rules or applicable law require, before the new price applies to your subscription.

6. Refunds

Purchases made through the App Store are subject to Apple’s refund policies, and Apple handles all refund requests. To request a refund, visit reportaproblem.apple.com or contact Apple Support. We cannot issue refunds for App Store purchases directly.

Nothing in these Legal Terms affects any rights you have under applicable consumer law, including rights relating to digital content that is faulty or not as described.

7. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavours except those that we specifically endorse or approve.

As a user of the Services, you agree not to:

• systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
• trick, defraud or mislead us or other users;
• circumvent, disable or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content, or that enforce limits on the use of the Services or the Content, such as access to Matcha Minutes Pro features;
• use any information obtained from the Services to harass, abuse or harm another person;
• make improper use of our support services or submit false reports of abuse or misconduct;
• use the Services in a manner inconsistent with any applicable laws or regulations;
• engage in unauthorised framing of or linking to the Services;
• upload or transmit, or attempt to upload or transmit, viruses, Trojan horses or other material that interferes with anyone’s uninterrupted use and enjoyment of the Services, or that modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services;
• engage in any automated use of the system, such as using data mining, robots or similar data gathering and extraction tools;
• delete the copyright or other proprietary rights notice from any Content;
• attempt to impersonate another person;
• interfere with, disrupt or create an undue burden on the Services or the networks or services connected to them;
• harass, annoy, intimidate or threaten anyone involved in providing any part of the Services to you;
• attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any part of them;
• copy or adapt the Services’ software;
• except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software that makes up the Services;
• except as may result from standard search engine or Internet browser usage, use, launch, develop or distribute any automated system that accesses the Services, such as a spider, robot, cheat utility, scraper or offline reader, or use or launch any unauthorised script or other software; or
• use the Services as part of any effort to compete with us, or otherwise use the Services or the Content for any revenue-generating endeavour or commercial enterprise.

8. Your content

The Services do not let users post or publish content for other users to see.

Your focus sessions, notes and the other information you create in the App belong to you. We do not claim ownership of them. Your notes are stored on your device and are not uploaded by the App. Our Privacy Policy explains what information about your use of the App is sent to our service providers.

9. Contribution licence

You and we agree that we may access, store, process and use any information and personal data that you provide, in accordance with the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback about the Services, you give us the licence described under “Your submissions” in section 2.

10. Mobile application licence

Use licence

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on Apple-branded devices that you own or control. You may access and use the App on those devices strictly in accordance with the terms of this mobile application licence. You shall not:

1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
2. make any modification, adaptation, improvement, enhancement, translation or derivative work from the App;
3. violate any applicable laws, rules or regulations in connection with your access to or use of the App;
4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
5. use the App for any revenue-generating endeavour, commercial enterprise or other purpose for which it is not designed or intended;
6. make the App available over a network or other environment that allows access or use by multiple devices or users at the same time, except as permitted by Apple’s rules, such as Family Sharing;
7. use the App to create a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
8. use the App to send automated queries to any website or to send any unsolicited commercial email; or
9. use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App.

Apple devices

The following terms apply when you use the App obtained from the Apple App Store (the “App Distributor”) to access the Services:

1. The licence granted to you for our App is limited to a non-transferable licence to use the App on a device running Apple’s iOS or iPadOS, in accordance with the usage rules in the App Distributor’s terms of service.
2. We are responsible for providing any maintenance and support services for the App, as specified in these Legal Terms or as otherwise required under applicable law. You acknowledge that the App Distributor has no obligation whatsoever to provide any maintenance and support services for the App.
3. If the App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.
4. You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country, and (ii) you are not listed on any US government list of prohibited or restricted parties.
5. You must comply with any applicable third-party terms of agreement when using the App, such as your mobile network provider’s terms.
6. These Legal Terms are between you and us, not the App Distributor. We, not the App Distributor, are responsible for the App and its content. We are also responsible for addressing any claims by you or any third party relating to the App, including:
   • product liability claims;
   • claims that the App fails to conform to any legal or regulatory requirement;
   • claims arising under consumer protection, privacy or similar legislation; and
   • claims that the App infringes a third party’s intellectual property rights.
7. You acknowledge and agree that the App Distributor and its subsidiaries are third-party beneficiaries of the terms of this mobile application licence. The App Distributor will have the right (and will be deemed to have accepted the right) to enforce those terms against you as a third-party beneficiary.

11. Third-party websites and content

The Services may contain, or you may be sent via the App, links to other websites (“Third-Party Websites”). They may also contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third-Party Content”).

We do not investigate, monitor or check Third-Party Websites or Third-Party Content for accuracy, appropriateness or completeness. We are not responsible for any Third-Party Websites accessed through the Services, or any Third-Party Content posted on, available through or installed from the Services. This includes their content, accuracy, offensiveness, opinions, reliability, privacy practices and other policies. Including, linking to or permitting the use or installation of any Third-Party Website or Third-Party Content does not mean we approve or endorse it.

If you leave the Services to access Third-Party Websites, or to use or install any Third-Party Content, you do so at your own risk, and these Legal Terms no longer govern. Review the terms and policies, including privacy and data-gathering practices, of any website you go to from the Services, and of any applications you use or install from the Services. Purchases you make through Third-Party Websites are made with other companies, and we take no responsibility for them.

The Services rely on third-party services, including Apple’s App Store and the providers described in our Privacy Policy. Those services are governed by their own terms.

12. Services management

We reserve the right, but not the obligation, to:

1. monitor the Services for violations of these Legal Terms;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting them to law enforcement authorities; and
3. otherwise manage the Services in a manner designed to protect our rights and property and to make sure the Services work properly.

13. Privacy policy

We care about data privacy and security. Please review our Privacy Policy at /privacy/. It explains how information is processed when you use the Services. Agreeing to these Legal Terms does not mean you have agreed to tracking. The App asks for Apple’s tracking permission separately, and your answer does not affect what you can do in the App.

14. Term and termination

These Legal Terms remain in full force and effect while you use the Services.

We may suspend or end your right to use the Services if you seriously or repeatedly breach these Legal Terms or any applicable law or regulation, or if we are required to by law. Where reasonable, we will tell you first. We also reserve the right to take appropriate legal action, including civil, criminal and injunctive redress.

You may stop using the Services at any time by deleting the App. Deleting the App does not cancel a subscription (see section 5).

15. Modifications and interruptions

We reserve the right to change, modify or remove the contents of the Services at any time or for any reason, at our sole discretion. However, we have no obligation to update any information on our Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software or other problems, or need to perform maintenance, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason. Checking or restoring a subscription requires an internet connection and the availability of Apple’s and our providers’ services. Nothing in these Legal Terms obliges us to maintain and support the Services or to supply any corrections, updates or releases, except as required by applicable law.

16. Governing law

These Legal Terms are governed by and interpreted in accordance with the laws of the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If your habitual residence is in the EU or the UK and you are a consumer, you also have the protection of the mandatory provisions of the law of your country of residence. You may bring a claim to defend your consumer protection rights in relation to these Legal Terms in the United Kingdom, or in the EU country where you live.

17. Dispute resolution

Informal negotiations

To speed up resolution and control the cost of any dispute, controversy or claim related to these Legal Terms (each a “Dispute”), whether brought by you or by us (individually a “Party” and together the “Parties”), the Parties agree to first try to negotiate any Dispute informally for at least thirty (30) days before starting arbitration. This does not apply to the Disputes expressly listed below. Informal negotiations start when one Party gives written notice to the other.

Binding arbitration

Any dispute arising from the relationship between the Parties to these Legal Terms shall be determined by one arbitrator. The arbitrator will be chosen under the Arbitration and Internal Rules of the European Court of Arbitration, part of the European Centre of Arbitration with its seat in Strasbourg, as in force when the application for arbitration is filed. Adopting this clause constitutes acceptance of those rules. The seat of arbitration shall be the United Kingdom. The applicable rules of substantive law shall be the law of the United Kingdom.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

• (a) no arbitration shall be joined with any other proceeding;
• (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and
• (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the provisions above on informal negotiations and binding arbitration:

• (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
• (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorised use; and
• (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute covered by the part found to be illegal or unenforceable. Such a Dispute will be decided by a court of competent jurisdiction.

Nothing in this section limits any non-excludable right you have as a consumer to bring a claim in the courts of the country where you live.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Services at any time, without prior notice.

19. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW:

• WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT, OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES; AND
• WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
  • (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS;
  • (2) UNAUTHORISED ACCESS TO OR USE OF THE SERVICES;
  • (3) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
  • (4) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR
  • (5) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES.

THIS SECTION DOES NOT AFFECT ANY STATUTORY RIGHTS YOU HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED, SUCH AS RIGHTS THAT DIGITAL CONTENT IS OF SATISFACTORY QUALITY, FIT FOR PURPOSE AND AS DESCRIBED.

20. Limitations of liability

NOTHING IN THESE LEGAL TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

SUBJECT TO THE PARAGRAPH ABOVE, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. THIS INCLUDES LOST PROFIT, LOST REVENUE AND LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO THE SAME PARAGRAPH, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD BEFORE ANY CAUSE OF ACTION AROSE.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold us harmless from and against any loss, damage, liability, claim or demand made by any third party due to or arising out of:

1. your breach of these Legal Terms;
2. any breach of your representations and warranties set out in these Legal Terms; or
3. your violation of the rights of a third party, including intellectual property rights.

This includes reasonable lawyers’ fees and expenses.

Despite the above, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding as soon as we become aware of it.

22. User data

The App stores the information you create, such as your sessions, notes and Tea Leaves, on your device. We do not operate backups of that information and cannot restore it if it is lost, for example if you delete the App or lose your device. Your device’s own backup, such as iCloud Backup, may include it. You are responsible for backing up your device if you wish to. To the extent permitted by law, we shall have no liability to you for any loss or corruption of information stored only on your device.

23. Electronic communications, transactions and signatures

Visiting the Services and sending us emails are electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures and other communications we provide to you electronically, by email and on the Services, satisfy any legal requirement that such communication be in writing, unless applicable law requires otherwise.

24. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

• in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834; or
• by telephone at (800) 952-5210 or (916) 445-1254.

25. Miscellaneous

These Legal Terms, and any policies or operating rules we post on or in respect of the Services, constitute the entire agreement and understanding between you and us. Apple’s terms also apply to your use of the App Store.

• Our failure to exercise or enforce any right or provision of these Legal Terms does not waive that right or provision.
• These Legal Terms operate to the fullest extent permitted by law.
• We may assign any or all of our rights and obligations to others at any time. We will make sure this does not reduce your rights.
• We are not responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
• If any provision, or part of a provision, of these Legal Terms is found to be unlawful, void or unenforceable, it is treated as severable and does not affect the validity and enforceability of the remaining provisions.
• These Legal Terms do not create any joint venture, partnership, employment or agency relationship between you and us.

26. Contact us

To resolve a complaint about the Services, or to receive more information about using the Services, please contact us:

Matcha Minutes, United Kingdom

support@matchaminutes.com