Terms of Use

1. Definitions

• Application: the Tapcount program, in its Android and iOS versions, and the updates the Company makes available.
• Company: Isaque Hernandes Freitas de Santana Tecnologia da Informação Ltda, identified in clause 2.
• User: the natural or legal person who installs and uses the Application.
• User Content: everything the User creates inside the Application, including sheet names, counter names, count values, steps, goals and the event log that records each count.
• Free features: the set of features available with no financial consideration.
• Tapcount Pro: the one-time purchase that adds unlimited widgets, more than one sheet, and export and import of the User Content.
• Store: Google Play or the App Store, according to the distribution and charging channel used by the User.

2. Identification of the supplier

Isaque Hernandes Freitas de Santana Tecnologia da Informação Ltda, a Brazilian limited company registered under CNPJ no. 38.003.112/0001-79, trading as Hernandes Tech.

• Address: Rua Iandara, 135, apto. 101 — Campo Grande, Rio de Janeiro/RJ, postal code (CEP) 23071-330, Brazil
• Electronic address: tapcount.hernandestech.com
• Telephone: +55 21 97197-5618
• Support: support@hernandestech.com
• Contractual matters and complaints: contact@hernandestech.com
• Personal data: privacy@hernandestech.com

3. Subject matter and acceptance

3.1. These Terms govern the licence of use of the Application and the one-time purchase of Tapcount Pro.

3.2. Installing or using the Application implies full acceptance of these Terms. A User who does not agree with any clause should stop using it.

3.3. The Privacy Policy forms part of these Terms for all purposes.

3.4. A User under 18 uses the Application with the assistance of a parent or guardian, who is the one contracting a purchase.

4. Licence of use

4.1. The Company grants the User a personal, limited, non-exclusive, non-transferable and revocable licence to install and use the Application on devices the User owns or controls, for the User's own purposes, subject to the usage rules of the Store from which the Application was obtained.

4.2. The licence transfers to the User no intellectual property right over the Application.

4.3. The User may not:

• reverse engineer, decompile or disassemble the Application, save to the extent expressly permitted by law;
• sublicense, rent, assign or distribute the Application to third parties;
• use the Application for an unlawful purpose or in a way that compromises its security and operation.

5. Your content

5.1. The User Content belongs to the User. It is written to the storage of the User's own device, and the Company acquires no right over it and holds no copy of it.

5.2. The Application asks for no sign-in and creates no user account. Counting works with the device offline.

5.3. Exporting the User Content in open formats is part of Tapcount Pro and is described in clause 7.

6. Scope of the service

6.1. The Application is a counting tool. It records the counts the User enters, keeps the record of every change, and shows the resulting value.

6.2. The Application does not:

• display advertising, in any version and in any screen;
• send the User Content anywhere;
• hold a copy of the User Content on a server of the Company;
• recover the User Content after the device is lost, reset or replaced.

6.3. Because the Company keeps no copy (clause 6.2), the export function is the way the User keeps a copy of the User Content elsewhere, and clause 10 describes it.

7. What is free

7.1. The Free features have no time limit and include counting, undoing, redoing, resetting, editing a value by hand, naming and reordering counters, setting a step and a goal, an unlimited number of counters on one sheet, the dark theme, and one working widget.

7.2. The Free features display no advertising and require no sign-in.

7.3. Features available with no financial consideration in one version of the Application do not come to require payment in a later version. A feature the Company withdraws from the Free set is withdrawn from the Application entirely, and does not become a paid feature.

7.4. Tapcount Pro adds widgets with no limit of number, more than one sheet, and export and import of the User Content in open formats.

8. The purchase, price and restore

8.1. Tapcount Pro is a one-time purchase. It is charged once, it does not renew, there is no recurring charge, it has no trial period and it does not expire.

8.2. The price is US$ 2.99, and R$ 4,99 in the Brazilian storefront. In other countries the Store shows the price of that market, and the amount the Store displays at the moment of the purchase, with the taxes applicable there already included, is the one that governs.

8.3. The purchase, the charge and the refund are handled by the Store, under its own terms. The Company processes no payment and has no access to the User's payment data.

8.4. The purchase is attached to the User's account on the Store where it was made. It can be restored, with no further charge, on the User's other devices signed in to that same Store and after a reinstallation, through the restore option inside the Application. A purchase made on Google Play does not carry over to the App Store, or the other way round: the two Stores do not exchange purchases, and the Company has no way of transferring one.

8.5. A change of price does not reach a purchase already made. Whoever bought has bought.

9. Withdrawal and refunds

9.1. Under article 49 of the Brazilian Consumer Protection Code, the User may withdraw from the purchase within 7 (seven) days counted from the date it is made, with full restitution of the amounts paid, monetarily adjusted.

9.2. The right of withdrawal may be exercised through the same tool used for the purchase, that is, the refund channels of the Store, and also by writing to contact@hernandestech.com, in which case the Company confirms receipt of the notice immediately, by the same means, and takes the matter up with the Store. What counts for the period in clause 9.1 is the date the notice was sent, which the confirmation records.

9.3. The Stores keep their own refund policies, with periods that may be shorter than the one in clause 9.1. The existence of those policies does not remove the right under article 49 of the Consumer Protection Code, which the Company assures to the User.

9.4. A refund undoes the purchase in full, and the Application returns to the Free features at the next launch. The sheets beyond the first, the widgets beyond the first, and export and import stop being available. The sheets beyond the first stay locked with their content inside them: nothing of the User's is erased, and nothing of it can be opened while the purchase is undone.

9.5. Because export is itself part of Tapcount Pro, the way out of clause 9.4 is support. A User who is refunded and still has content in the locked sheets writes to contact@hernandestech.com, and the Company grants access for as long as it takes to export it. It is not self-service, and it is the reason nothing of the User's becomes unrecoverable because of a refund.

10. Availability and your own copy

10.1. The Application runs entirely on the User's device and needs no connection to count, to consult or to export.

10.2. The User Content exists on the device where it was created. Losing, resetting or replacing the device takes it with the device.

10.3. The export function of Tapcount Pro writes the User Content to a file in an open format, which the User keeps wherever the User chooses. That is the means the Application offers for the User to keep a copy of their own.

10.4. The import function replaces the content of the Application with the content of the file: what is in the Application at that moment is discarded, and it is not merged with the file. Before replacing, the Application shows what the file holds, what the Application holds, and what will be discarded, and offers to export first.

10.5. The Company may carry out updates, seeking to reduce their impact on the operation of the Application.

11. Liability

11.1. The Company answers for the defects and faults of the service under the Brazilian Consumer Protection Code and the applicable legislation.

11.2. No provision of these Terms excludes, releases or reduces the liability of the Company towards the consumer User, nor implies a waiver of rights assured by consumer legislation.

11.3. The Company does not answer for damage arising from facts outside the service provided, among them the loss, theft or damage of the User's device, the erasure of data carried out by the User, and the accuracy of what the User counted.

11.4. The User is responsible for the use made of the Application.

12. Suspension and termination

12.1. The User may end the relationship at any time by uninstalling the Application.

12.2. There is no account to suspend and no service to cut off: the Application runs on the User's own device, and the Company has no switch on it. What the Company may do, upon a legal determination or a breach of these Terms, is stop distributing the Application and stop supporting it, which does not remove a copy already installed.

12.3. Ending the relationship does not remove the User Content from the device, which stays there until the User erases it or uninstalls the Application.

13. Intellectual property

13.1. The Application, its code, its visual identity, its trademarks and its graphic elements belong to the Company or to its licensors.

13.2. These Terms grant the User no licence to use a trademark, name or distinctive sign of the Company.

14. Support

14.1. The Company keeps an electronic support channel for information, questions and complaints, and for withdrawing from the purchase, in compliance with article 4, item V, of Brazilian Decree no. 7.962/2013: support@hernandestech.com for using the Application, and contact@hernandestech.com for the purchase and the contract.

14.2. Receipt of a request is confirmed immediately by the same means, in compliance with article 4, item VI, of the same Decree, and the answer follows within the period stated on the Support page. The confirmation carries the date the request was received, which is the date that counts for clause 9.1.

15. Changes

15.1. These Terms may be changed. The version in force is the one published on this page, identified by the date at the top.

15.2. Substantial changes are announced with reasonable notice inside the Application. A change to these Terms does not reach a purchase already made.

16. Acquisition through the App Store

This clause applies only to a User who obtained the Application through the App Store, and prevails over the others where they conflict with it.

16.1. These Terms are entered into between the User and the Company, and not with Apple Inc. ("Apple"). The Company, and not Apple, is solely responsible for the Application and its content.

16.2. The licence granted is limited to use of the Application on Apple-branded products owned or controlled by the User, under the Usage Rules of the Apple Media Services Terms and Conditions, save that the Application may be accessed and used by other accounts associated with the User through Family Sharing or volume purchasing.

16.3. Apple has no obligation whatsoever to furnish maintenance and support services with respect to the Application, which are the sole responsibility of the Company.

16.4. In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the price eventually paid for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever, and the responsibilities set out in clause 11 remain entirely with the Company.

16.5. The Company, and not Apple, is responsible for addressing any claims of the User or of a third party relating to the Application, including product liability claims, any claim that the Application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or data protection legislation.

16.6. The Company, and not Apple, is responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim relating to the Application.

16.7. The User represents that the User is not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a terrorist supporting country, and that the User is not listed on any United States Government list of prohibited or restricted parties.

16.8. The User must comply with applicable third party terms of agreement when using the Application.

16.9. Apple and its subsidiaries are third party beneficiaries of these Terms and, upon the User's acceptance, will have the right to enforce these Terms against the User as a third party beneficiary.

16.10. Claims relating to the Application should be addressed to the Company, identified in clause 2, at contact@hernandestech.com.

17. Governing law and forum

17.1. These Terms are governed by Brazilian law, in particular by Law no. 8.078/1990 (Consumer Protection Code), Decree no. 7.962/2013, Law no. 12.965/2014 (Brazilian Civil Rights Framework for the Internet) and Law no. 13.709/2018 (LGPD).

17.2. The forum of the domicile of the consumer User is elected to settle disputes arising from these Terms, under article 101, item I, of the Consumer Protection Code.

17.3. The invalidity of any clause does not affect the validity of the remaining ones.

17.4. The Portuguese version of these Terms, available at /pt/termos, prevails in case of divergence between the two texts.