Terms of Use Stopwatch Journal

Terms of Use

1. Acceptance

By accessing or using any WaldKlang Company website, application, software product, digital content, or related service (collectively, the “Services”), you agree to these Terms of Use (“Terms”). If you do not agree, you must not access or use the Services. These Terms constitute a binding agreement between you and WaldKlang Company, a sole proprietorship established in India (“WaldKlang Company”, “we”, “us”, or “our”), whose details appear in section 19.

2. Eligibility

You may use the Services only if you can form a binding contract under applicable law. If you use the Services on behalf of a company, organisation, or other entity, you represent that you have authority to bind that entity to these Terms.

3. Accounts and access

Some Services may require an account, device permissions, payment method, or subscription. You are responsible for all activity under your account or credentials, for maintaining their confidentiality, and for ensuring that the information you provide is accurate and current.

4. Acceptable use

  • Do not misuse, disrupt, probe, overload, or interfere with the Services or related systems.
  • Do not reverse engineer, decompile, or attempt to extract source code except where such restriction is prohibited by law.
  • Do not use the Services in violation of law, regulation, third-party rights, or these Terms.
  • Do not upload, transmit, or distribute malicious code, unlawful material, deceptive content, or content that infringes rights.

5. No professional advice; user responsibility

The Services are general-purpose tools and information services only. They do not provide medical, mental health, therapeutic, legal, tax, accounting, financial, engineering, emergency-response, or other professional advice. You are solely responsible for verifying outputs, exercising independent judgment, and determining whether the Services are appropriate for your situation.

6. High-risk and sensitive uses prohibited

The Services are not fault-tolerant and are not designed, manufactured, or intended for use in any high-risk, safety-critical, or sensitive environment where use, failure, delay, error, inaccuracy, or unavailability could cause death, personal injury, mental harm, property damage, environmental damage, financial loss, or other serious harm. Prohibited uses include, without limitation, medical diagnosis or treatment, mental health crisis support, life-support systems, emergency services, law enforcement, aviation, air traffic control, autonomous vehicle or drone control, navigation, industrial safety systems, hazardous environments, critical infrastructure, weapons systems, and decisions involving custody, employment, credit, insurance, housing, or legally significant rights. You assume all risk for any use of the Services in such contexts.

7. Intellectual property

The Services, including software, interfaces, branding, text, graphics, design, and other content, are owned by WaldKlang Company or its licensors and are protected by intellectual property laws. Subject to these Terms, you receive a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Services for their intended purpose.

8. Third-party services

The Services may include, interoperate with, or depend on third-party platforms, app stores, payment processors, analytics providers, hosting providers, or other third-party services. WaldKlang Company is not responsible for third-party services, content, terms, security, availability, or acts and omissions. Your use of third-party services is governed by their terms, and you agree to comply with those terms when using the Services.

9. Updates, suspension, and availability

We may modify, update, suspend, restrict, or discontinue any part of the Services at any time, with or without notice. We do not guarantee that the Services will be available at all times, uninterrupted, secure, current, accurate, complete, or error-free.

10. Purchases, subscriptions, billing, and cancellation

Some Services are offered as one-time purchases or as auto-renewable subscriptions. Where a purchase is made through an app store or other distribution platform (each, a “Store”), the transaction is processed by that Store under its own terms, and the Store — not WaldKlang Company — is the merchant of record for that transaction.

  • The title, duration, and price of each subscription are shown to you before purchase and at the point of confirmation. Payment is charged to your Store account upon confirmation of purchase.
  • Subscriptions renew automatically for the same period at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period.
  • You can manage your subscription and turn off auto-renewal in your Store account settings at any time after purchase. Deleting the application does not cancel a subscription.
  • Where a free trial or introductory offer is provided, any unused portion is forfeited when you purchase a subscription covering the same content, where the Store so provides.
  • Refunds are handled by the Store in accordance with its policies. We may, at our discretion, assist with a refund request, but we do not control Store refund decisions.
  • We may change subscription prices or the contents of a subscription for future periods. Where required by applicable law or by the Store, you will be notified in advance and given the opportunity to cancel before the change takes effect.

11. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is,” “as available,” and “with all faults.” WaldKlang Company and its owner, employees, contractors, affiliates, licensors, and suppliers disclaim all warranties and representations, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, satisfactory quality, and that the Services will meet your requirements or achieve any intended result. No advice or information, whether oral or written, obtained from us or through the Services creates any warranty not expressly stated in these Terms.

12. Limitation of liability

(a) Excluded damages. To the fullest extent permitted by applicable law, WaldKlang Company and its owner, employees, contractors, affiliates, licensors, and suppliers will not be liable for any indirect, incidental, special, exemplary, consequential, punitive, or enhanced damages, or for any loss of profits, revenue, business, opportunity, contracts, anticipated savings, data, goodwill, reputation, devices, hardware, property, or content, or for business interruption, however caused and under any theory of liability, whether in contract, tort (including negligence), strict liability, statute, or otherwise, and even if we have been advised of the possibility of such damages.

(b) Aggregate cap. To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amount you actually paid for the specific Service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim. Where the Service was provided free of charge or supported by advertising, we will have no monetary liability to the fullest extent permitted by law.

(c) Non-excludable liability. Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) wilful misconduct or gross negligence; or (iv) any other liability that cannot lawfully be excluded or limited, including any rights you may have as a consumer under the Consumer Protection Act, 2019 (India) or under the mandatory consumer protection laws of your country of residence.

(d) Allocation of risk. The pricing of the Services reflects the allocation of risk set out in these Terms. The limitations in this section apply regardless of the legal theory relied upon and even if any limited remedy is found to have failed of its essential purpose.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless WaldKlang Company and its owner, employees, contractors, affiliates, licensors, and suppliers from and against any third-party claims, demands, actions, proceedings, damages, losses, liabilities, judgments, penalties, costs, and expenses, including reasonable attorneys’ fees, to the extent arising out of:

  • your breach of these Terms;
  • your violation of any applicable law or regulation;
  • your infringement or misappropriation of any third-party right;
  • content you submit, upload, transmit, or otherwise make available through the Services; or
  • your use of the Services in a context prohibited by section 6.

This section applies only to the extent that the claim is attributable to your act, omission, or breach, and does not apply to any claim to the extent it arises from our own act, omission, or breach, or from a defect in the Services. We will notify you promptly of any claim for which we seek indemnification, will allow you to control the defence and settlement of that claim with counsel reasonably acceptable to us (we may participate at our own cost), and will not settle any claim in a way that admits fault on your part without your consent. Nothing in this section limits or affects any statutory rights you have as a consumer.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you violated these Terms, created risk or potential liability, or if we decide to discontinue the Services. Sections that by their nature should survive termination will survive, including sections 7, 11, 12, 13, 16, and 17.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the effective date shown on this page. Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

16. Governing law, jurisdiction, and mandatory consumer rights

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to the paragraph below, the courts at Bengaluru, Karnataka, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

Nothing in this section deprives you of the protection of mandatory provisions of the law of the country in which you reside. If you are a consumer in India, you may pursue remedies before the consumer dispute redressal commission having jurisdiction under the Consumer Protection Act, 2019, and nothing in these Terms restricts that right or requires you to arbitrate a consumer dispute. If you are a consumer resident outside India, you retain the benefit of any mandatory consumer protection provisions of your country of habitual residence and may bring proceedings before the courts of that country where mandatory law so provides.

17. Severability, savings, and no waiver

If any provision of these Terms is held to be invalid, unlawful, or unenforceable in whole or in part, that provision will be read down or modified to the minimum extent necessary to make it valid and enforceable while preserving its intent as closely as possible. If it cannot be read down, it will be severed, and the remaining provisions will continue in full force and effect. Any limitation or exclusion in these Terms applies only to the extent permitted by applicable law, and the invalidity of a limitation in one jurisdiction does not affect its validity elsewhere. Our failure to enforce any provision is not a waiver of it.

18. Contact

Questions, complaints, or claims regarding the Services may be sent to info@waldklangcompany.com, or by post to the address in section 19.

19. Publisher details

WaldKlang Company (sole proprietorship)
No. 23/418, Shop No. 412, Alankar Pearl Plaza
K G Road, Gandhi Nagar
Bengaluru, Bengaluru Urban
Karnataka 560009, India
Email: info@waldklangcompany.com

20. Additional terms for applications obtained through the Apple App Store

This section applies only where you obtained one of our applications (the “Licensed Application”) through the Apple App Store. In the event of any conflict with the preceding sections, this section prevails with respect to the Licensed Application.

(a) Acknowledgement. These Terms are concluded between you and WaldKlang Company only, and not with Apple Inc. (“Apple”). WaldKlang Company, not Apple, is solely responsible for the Licensed Application and its content.

(b) Scope of licence. The licence granted to you for the Licensed Application is a limited, non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

(c) Maintenance and support. WaldKlang Company is solely responsible for providing any maintenance and support services in respect of the Licensed Application, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services in respect of the Licensed Application.

(d) Warranty. WaldKlang Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WaldKlang Company.

(e) Product claims. WaldKlang Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit WaldKlang Company's liability beyond what is permitted by applicable law.

(f) Intellectual property rights. In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, WaldKlang Company, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

(g) 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.

(h) Developer name and address. The developer of the Licensed Application is WaldKlang Company, No. 23/418, Shop No. 412, Alankar Pearl Plaza, K G Road, Gandhi Nagar, Bengaluru, Bengaluru Urban, Karnataka 560009, India. Any questions, complaints, or claims with respect to the Licensed Application should be directed to info@waldklangcompany.com.

(i) Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the Licensed Application.

(j) Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

21. Additional terms for applications obtained through Google Play

This section applies only where you obtained one of our applications through Google Play. In the event of any conflict with sections 1 to 19, this section prevails with respect to that application.

(a) Parties. These Terms are concluded between you and WaldKlang Company only, and not with Google LLC or its affiliates (“Google”). WaldKlang Company, not Google, is solely responsible for the application and its content. Google is not a party to these Terms and is not responsible for the application.

(b) Relationship to the Google Play Terms of Service. Your acquisition and use of the application is also governed by the Google Play Terms of Service and any other terms Google applies to your purchase. Nothing in these Terms reduces any right granted to you by Google under those terms; in the event of a conflict between these Terms and any right Google grants you as a purchaser, Google's terms prevail to the extent of the conflict.

(c) Maintenance and support. WaldKlang Company is solely responsible for providing any maintenance and support for the application. Google has no obligation to furnish any maintenance or support services in respect of the application.

(d) Purchases and refunds. Purchases and subscriptions made through Google Play are processed by Google as described in section 10. Refunds are handled by Google in accordance with the Google Play refund policy, and cancellation of a subscription is performed through your Google Play account settings.

(e) Claims. WaldKlang Company, not Google, is responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or privacy legislation.

22. Additional terms for applications obtained through the Microsoft Store

This section applies only where you obtained one of our applications through the Microsoft Store. In the event of any conflict with sections 1 to 19, this section prevails with respect to that application.

(a) Parties. These Terms are concluded between you and WaldKlang Company only, and not with Microsoft Corporation or its affiliates (“Microsoft”). WaldKlang Company is the licensor of the application. Microsoft is not the licensor, is not a party to these Terms, and is not responsible for the application or its content.

(b) Relationship to the Standard Application License Terms. These Terms are intended to be at least as protective of you as Microsoft's Standard Application License Terms. To the extent any provision of these Terms would afford you less protection than those Standard Application License Terms, the Standard Application License Terms prevail to the extent of the conflict, and the affected provision of these Terms applies only to the extent it does not reduce your protection.

(c) Maintenance and support. WaldKlang Company is solely responsible for providing any maintenance and support for the application. Microsoft has no obligation to furnish any maintenance or support services in respect of the application.

(d) Purchases and refunds. Purchases and subscriptions made through the Microsoft Store are processed by Microsoft under the Microsoft Store Terms of Sale, as described in section 10. Refunds are handled by Microsoft in accordance with its policies, and cancellation of a subscription is performed through your Microsoft account settings.

(e) Claims. WaldKlang Company, not Microsoft, is responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or privacy legislation.