Effective Date: January 15, 2025

Last Updated: January 15, 2025

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Shellist ("we," "us," or "our") governing your access to and use of the Shellist mobile application (the "App"). By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

1. Acceptance of Terms

Your access to and use of the App constitutes your acceptance of and agreement to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. By using the App, you represent and warrant that:

• You have the legal capacity to enter into a binding agreement
• You are at least 13 years of age, or have reached the age of majority in your jurisdiction, whichever is greater
• You will comply with all applicable local, state, national, and international laws and regulations in your use of the App
• You have read and agree to our Privacy Policy
• All information you provide is accurate and current

If you are accessing or using the App on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and your acceptance of these Terms will be deemed an acceptance by that entity.

2. Description of Service

Shellist is a productivity and personal development application designed for iOS devices. The App provides the following core functionality:

• Creation, management, and tracking of daily habits and routines
• Visual progress tracking through pearl chain methodology and other visualization tools
• Organizational features including habit categorization and customization
• Goal setting and achievement monitoring capabilities
• Data export functionality in various formats for personal record-keeping
• Optional synchronization across user devices via iCloud
• Analytics and insights based on user-generated habit data

Important Disclaimer: The App is a productivity and organizational tool only. It is not a medical device, healthcare service, diagnostic tool, or therapeutic intervention. The App does not provide medical advice, mental health counseling, or professional health services of any kind. Users requiring medical, mental health, or professional health services should consult qualified healthcare professionals.

3. License Grant and Restrictions

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download, install, and use the App on iOS devices that you own or control
• Access and use the App's features and functionality for personal, non-commercial purposes
• Synchronize your data across multiple devices you own or control using iCloud
• Export and retain copies of your user-generated data for personal archival purposes

This license does not include any resale or commercial use of the App or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of the App or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.

Prohibited Uses and Restrictions

You expressly agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Modify, adapt, translate, or create derivative works based upon the App
• Copy, distribute, sublicense, lease, rent, loan, or otherwise transfer the App to any third party
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Use the App for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to the App, other users' accounts, or computer systems or networks
• Use the App in any manner that could disable, overburden, damage, or impair the App
• Use automated systems or software to extract data from the App
• Circumvent, disable, or interfere with security-related features of the App
• Use the App for commercial purposes without our express written permission

We reserve all rights not expressly granted in these Terms. Any unauthorized use of the App terminates the licenses granted herein.

4. User Content and Data Ownership

Your Content Ownership

You retain all ownership rights to the content and data you create, upload, or otherwise make available through the App, including but not limited to:

• Habit entries, completion records, notes, and goal descriptions
• Photographs, images, and other media uploaded to vision boards or other App features
• Personal preferences, settings, and customizations
• Any other user-generated content or data

Limited License to Us

By creating content within the App, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your content solely for the purpose of providing the App's functionality to you. This license exists only to enable the App to function (e.g., to display your habits, sync via iCloud, generate analytics). We do not use your content for any other purpose, and this license terminates when you delete your content or uninstall the App.

Our Intellectual Property

We retain all ownership rights to the App itself, including but not limited to:

• Software code, architecture, and algorithms
• User interface design, graphics, and visual elements
• Trademarks, logos, and branding elements
• Documentation and instructional materials
• All other intellectual property rights in the App

User Responsibilities

You acknowledge and agree that:

• You are solely responsible for maintaining the security of your device and iCloud account
• You are responsible for creating and maintaining backups of your data (we recommend using iCloud sync and/or regular data exports)
• We are not liable for any loss, corruption, or unauthorized access to your data resulting from device failure, loss, theft, user error, or security breaches
• You must ensure that any content you upload does not violate any third-party rights or applicable laws

5. Privacy and Data Protection

Your privacy and the protection of your personal information are important to us. The collection, use, storage, and disclosure of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the data practices described in our Privacy Policy.

Key privacy commitments:

• All user data is stored locally on your device using Apple's Core Data framework
• Optional iCloud synchronization is entirely under your control via device settings
• We do not sell, rent, or share your personal information with third parties for commercial purposes
• You may access, export, or delete your data at any time through the App interface
• We do not use third-party advertising networks or analytics trackers

For complete information about our data practices, please review our Privacy Policy at shellist.netlify.app/privacy-policy.html.

6. Fees and Payment Terms

Current Pricing

The App is currently provided free of charge with all features and functionality available at no cost. There are no subscriptions, in-app purchases, or advertising within the App.

Right to Modify Pricing

We reserve the right to introduce fees, subscription plans, or in-app purchases for certain features or functionality in the future. In the event of such changes:

• Existing core functionality will remain available to existing users who downloaded the App while it was free
• Any new paid features will be clearly identified as optional or premium upgrades
• You will receive advance notice through the App or App Store before any charges are implemented
• You will have the option to continue using the free version without obligation to purchase paid features
• All payments will be processed through Apple's in-app purchase system and subject to Apple's payment terms

No Refund Obligation

As the App is currently free, no refunds are applicable. If paid features are introduced in the future, refund policies will be governed by Apple's App Store refund policies.

7. Disclaimers and Warranties

No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Warranties arising from course of dealing or usage of trade
• Warranties that the App will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any content, data, or analytics
• Warranties of compatibility with future iOS versions, devices, or operating systems
• Warranties regarding the results or outcomes achievable through use of the App

No Medical or Professional Advice

THE APP IS A PRODUCTIVITY AND ORGANIZATIONAL TOOL ONLY. IT IS NOT INTENDED TO PROVIDE, AND DOES NOT CONSTITUTE, MEDICAL ADVICE, MENTAL HEALTH COUNSELING, THERAPY, DIAGNOSIS, OR TREATMENT. THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Always seek the advice of qualified healthcare providers with any questions you may have regarding a medical condition, mental health concern, or treatment. Never disregard professional medical advice or delay in seeking it because of information presented in or suggested by the App. If you think you may have a medical emergency, call your doctor or emergency services immediately.

Third-Party Services

The App relies on third-party services provided by Apple Inc., including but not limited to the iOS operating system, iCloud, and CloudKit. We make no warranties regarding the availability, reliability, or performance of these third-party services. Any issues with third-party services are beyond our control and responsibility.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHELLIST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP
• DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN
• DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF THE APP
• DAMAGES RESULTING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE APP
• DAMAGES RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
• DAMAGES RESULTING FROM THE LOSS, CORRUPTION, OR DELETION OF USER DATA
• DAMAGES ARISING FROM DEVICE FAILURE, LOSS, THEFT, OR MALFUNCTION
• DAMAGES ARISING FROM THIRD-PARTY SERVICES INCLUDING iCloud, CLOUDKIT, OR OTHER APPLE SERVICES

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Aggregate Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. AS THE APP IS CURRENTLY FREE, THIS AMOUNT IS CURRENTLY ZERO DOLLARS ($0).

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Third-Party Services and Dependencies

The App utilizes certain third-party services and infrastructure provided by Apple Inc., including but not limited to:

• Apple App Store: Distribution and download of the App
• iOS Operating System: Core platform and functionality
• iCloud: Optional cloud synchronization (user-controlled)
• CloudKit: Backend infrastructure for iCloud data synchronization
• Apple Core Data: Local data storage framework

Your use of these third-party services is subject to Apple's Terms of Service and policies. We do not control these third-party services and are not responsible for their availability, functionality, or any changes Apple may make to them. We make no warranties regarding third-party services.

The App does not integrate with any other third-party services, including but not limited to advertising networks, analytics platforms (beyond Apple's privacy-preserving built-in analytics), social media platforms, or data brokers.

10. Termination

Termination by You

You may terminate this Agreement and cease use of the App at any time by:

• Uninstalling the App from all your devices
• Deleting all App data from your device through the App's data reset function
• Removing App data from your iCloud storage (if iCloud sync was enabled)

Upon termination by you, all licenses granted to you under these Terms will immediately cease.

Termination by Us

We reserve the right to suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms or any applicable law or regulation
• Fraudulent, abusive, or illegal activity
• Behavior that creates security risks or legal liability for us or other users
• Use of the App in a manner that could damage, disable, or impair the App
• Attempts to gain unauthorized access to the App or related systems

Effect of Termination

Upon termination of this Agreement for any reason:

• All licenses and rights granted to you under these Terms immediately terminate
• You must cease all use of the App and delete it from all devices
• Sections of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability

Termination does not affect any rights or obligations that accrued prior to termination.

11. App Updates and Modifications

App Updates

We may from time to time release updates, upgrades, or new versions of the App to:

• Add new features or enhance existing functionality
• Fix bugs, errors, or security vulnerabilities
• Improve performance, stability, or user experience
• Ensure compatibility with new iOS versions or devices
• Comply with legal or regulatory requirements

While most updates are optional, some updates may be required for continued use of the App. We recommend keeping the App updated to the latest version to ensure optimal performance and security.

Changes to Terms

We reserve the right to modify or update these Terms at any time at our sole discretion. When we make changes:

• The "Last Updated" date at the top of these Terms will be revised
• For material changes, we will provide notice through the App interface, App Store update notes, or other reasonable means
• Your continued use of the App after changes become effective constitutes acceptance of the modified Terms
• If you do not agree to the modified Terms, you must discontinue use of the App

It is your responsibility to periodically review these Terms to stay informed of any updates.

12. Contact Information

If you have questions, concerns, or feedback regarding these Terms of Service or the App, please contact us:

Email: jittikas@icloud.com
Website: shellist.netlify.app

We will make reasonable efforts to respond to all inquiries in a timely manner.

13. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shellist concerning the App and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Shellist operates, without regard to conflict of law principles.

Acknowledgment and Acceptance

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. YOU FURTHER REPRESENT AND WARRANT THAT:

• You have read, understood, and agree to be bound by these Terms and our Privacy Policy
• You are at least 13 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into this binding agreement
• If accepting on behalf of an organization, you have the authority to bind that organization to these Terms
• Your use of the App will comply with all applicable laws and regulations

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE APP.