Terms and Conditions

1. Agreement to these terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Smit Machhi ("Company", "we", "us", or "our") governing your access to and use of the Plump mobile application (the "App") and the website located at https://plumpapp.com.

By downloading, installing, or using the App, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not use the App.

These Terms supplement, and do not replace, Apple's Standard Licensed Application End User License Agreement (the "Apple EULA"). In the event of any conflict between these Terms and the Apple EULA in respect of the licence to use the App, the Apple EULA shall prevail.

2. Description of the service

The App applies restrictions to applications, categories, and websites that you select, using Apple's Screen Time Frameworks. Access to restricted applications is earned by completing camera-verified exercise repetitions. One verified repetition earns one coin. One coin grants one minute of access to restricted applications.

The App is not a medical device and does not provide medical advice. The App is not a healthcare service and is not a substitute for professional medical guidance. You are solely responsible for determining whether exercise is appropriate for you. Discontinue exercise immediately if you experience pain or discomfort.

3. Eligibility and system requirements

You must be at least 13 years of age to use the App. The App requires an iPhone running iOS 18 or later, access to the device camera, and authorisation under Apple's Screen Time Frameworks. The App is designed for portrait orientation and no iPad version is provided. App Lock functionality is unavailable without Screen Time authorisation.

4. Licence grant

Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to install and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes, and strictly in accordance with the Apple EULA and the App Store Terms of Service.

All rights not expressly granted are reserved. The Company and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights.

5. Subscriptions and billing

The App is available at no charge. Certain functionality, specifically App Lock, requires an active Plump Pro subscription. Where no active subscription exists, the App presents the subscription interface and the principal functionality remains unavailable.

Available plans, prices, billing periods, and trial terms are shown in the app before purchase. Subscriptions renew automatically unless cancelled through your Apple account.

5.1 Payment and renewal

• Payment is charged to your Apple Account upon confirmation of purchase.
• The subscription renews automatically unless auto-renewal is disabled at least twenty-four (24) hours before the end of the current subscription period.
• Your Apple Account is charged for renewal within twenty-four (24) hours prior to the end of the current subscription period.
• Any unused portion of a free trial or introductory period is forfeited upon purchase of a full subscription, where Apple's terms so provide.
• The subscription may be managed or cancelled in your App Store account settings under Subscriptions. Deleting the App does not cancel the subscription.
• Refunds are administered by Apple in accordance with Apple's refund policy. The Company is unable to issue refunds for App Store purchases.

5.2 Effect of expiry

Upon expiry, lapse, refund, or revocation of a subscription, the Company shall disable App Lock, cease monitoring, clear restrictions applied through Apple's Screen Time Frameworks, and cancel any scheduled reminder. On-device data, including coin balances, repetition counts, stated objectives, and onboarding responses, shall be retained on your device. Reinstalling the App will remove such data. Apple may restore a verified purchase but cannot restore On-device data.

6. Coins and access minutes

Coins constitute a record of earned access within the App. Coins do not constitute money, property, a security, or any form of financial instrument. Coins carry no monetary value, are not redeemable for cash, are non-transferable, and may not be exchanged, traded, or sold.

Access minutes do not expire while a subscription remains active. Coin balances are stored locally on your device and will be lost upon deletion of the App.

The Company reserves the right to adjust the coin earn rate, session length, or access mechanics in future versions. Material changes will be notified within the App before taking effect.

7. Acceptable use

You agree not to:

• use the App in violation of any applicable law or regulation;
• obtain coins without performing the corresponding exercise, including by presenting recorded, replayed, or synthetic video to the camera;
• reverse engineer, decompile, disassemble, modify, or create derivative works of the App, except to the extent permitted by applicable law;
• resell, sublicense, distribute, or make the App available to third parties;
• use the App to apply restrictions to a device that you do not own or control; or
• interfere with the operation, integrity, or security of the App.

The Company may suspend or terminate access for breach of this section. As the Services operate without a user account, such suspension will ordinarily take effect by disabling the App on your device.

8. Availability and modifications

The Company may modify, update, suspend, or discontinue any feature of the App at any time. The Company does not warrant that the App will operate on every device, that it will be uninterrupted or error-free, or that it will remain compatible with future releases of iOS. The App depends on Apple's Screen Time Frameworks, which Apple controls and may modify or withdraw.

9. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE CAMERA WILL DETECT EVERY REPETITION, THAT RESTRICTIONS WILL BE APPLIED WITHOUT DELAY, OR THAT THE APP WILL BE FREE OF ERRORS OR DEFECTS.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF TIME, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PLUMP PRO SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms or your misuse of the App.

12. Apple terms

These Terms are concluded between you and the Company only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.

• Apple has no obligation to furnish any maintenance or support services in respect of the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App. To the maximum extent permitted by law, Apple shall have no other warranty obligation whatsoever in respect of the App.
• Apple is not 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, and claims arising under consumer protection or similar legislation.
• Apple is a third-party beneficiary of these Terms and, upon your acceptance, shall have the right to enforce these Terms against you.
• You represent and warrant that you are not located in a country subject to a United States government embargo or designated by the United States government as a "terrorist supporting" country, and that you are not listed on any United States government list of prohibited or restricted parties.

Apple, the Apple logo, iPhone, and App Store are trademarks of Apple Inc. Screen Time is a feature of Apple's operating systems. The App is not affiliated with, endorsed by, or sponsored by Apple.

13. Privacy

The Privacy Policy describes how the Company collects and processes information in connection with the App and is incorporated into these Terms by reference. The privacy choices page sets out the controls available to you.

14. Termination

These Terms remain in effect until terminated. You may terminate them at any time by deleting the App. The Company may terminate these Terms immediately if you breach any provision. Upon termination, the licence granted in section 4 shall cease. Sections 6, 9, 10, 11, 12, and 15 shall survive termination.

15. Governing law and dispute resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to any mandatory consumer protection provisions available in your country of residence, you and the Company submit to the exclusive jurisdiction of the courts located in that state.

16. General provisions

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right or provision shall not constitute a waiver of that right or provision. These Terms, together with the Privacy Policy and the Apple EULA, constitute the entire agreement between you and the Company in respect of the App. The Company may assign its rights under these Terms. You may not assign your rights without the Company's prior written consent.

17. Changes to these terms

The Company may amend these Terms from time to time. The effective date stated at the top of this page reflects the current version. Continued use of the App following an amendment constitutes acceptance of the amended Terms.

18. Contact

Questions regarding these Terms should be addressed to plumpscroll@gmail.com.