Terms of Use

1.Purpose and acceptance

These Terms of Use ("Terms") govern the use of the mobile application iTimeSheet (the "App") and the website itimesheet.app (the "Site"), both published by Kiss My Apps (the "Publisher", "we").

By downloading, installing or using the App, or by browsing the Site, you ("User", "you") acknowledge that you have read, understood and accepted these Terms without reservation. If you do not accept all or part of these Terms, do not install the App and do not use the Site.

These Terms form a contract entered into directly between you and the Publisher. Apple Inc., which distributes the App through the App Store, is not a party to this contract (see Section 16).

2.Definitions

• App: the iTimeSheet software, its updates, its resources and associated documentation.
• Site: the itimesheet.app website and all its sub-domains and sub-directories.
• Publisher: Kiss My Apps, identified in Section 3.
• Apple: Apple Inc. and its affiliates, which operate the App Store and the iOS ecosystem.
• Apple Account: your personal Apple ID, required to download the App and make In-App Purchases.
• In-App Purchase or IAP: any purchase made from the App through Apple's StoreKit platform.
• Subscription: an auto-renewing In-App Purchase granting access to premium features for a defined period.
• User Data: any information you enter into the App (clients, projects, hours, expenses, photos, etc.).

3.Publisher and legal information

Publisher

Kiss My Apps, a French société par actions simplifiée (SAS) with share capital of €912,673

Registered office

17, chemin des Loriots, 93230 Romainville, France

Company registration

Registered with the Registre du Commerce et des Sociétés of Bobigny under no. 890 140 494 — SIREN 890 140 494 — SIRET (head office) 890 140 494 00018

President & publication director

Jean-François Grang

Contact

contact@itimesheet.app

Site host

OVH SAS — 2 rue Kellermann, 59100 Roubaix, France — share capital €50,000,000 — Lille Métropole commercial register no. 424 761 419 — APE 2620Z — VAT FR 22 424 761 419 — Phone: +33 (0)8 99 70 17 61

4.Licence

Subject to your acceptance of, and compliance with, these Terms, the Publisher grants you a licence to use the App that is:

• personal — granted to the User whose Apple ID downloaded or purchased the App;
• non-exclusive;
• non-transferable and non-sublicensable;
• limited to personal or internal professional use, on any iOS device you own or control that complies with Apple's App Store terms;
• revocable in case of breach of these Terms.

The App is licensed, not sold. The Publisher retains all intellectual property rights to the App, its updates, its resources and its source code.

You agree not to, and to procure that no third party acting on your behalf will: copy, distribute, sell, rent, lend or sublicense the App; reverse-engineer, disassemble, decompile or attempt to extract the source code of the App, except and only to the extent that applicable law expressly allows it (notably Article L. 122-6-1 of the French Intellectual Property Code for interoperability); modify the App or create derivative works; remove or alter any copyright, trademark or proprietary notice; use the App to develop a competing product.

5.In-App Purchases, subscriptions, free trial

5.1 Free tier

iTimeSheet is free to download. The free tier includes, without any purchase: up to three (3) clients, up to two (2) entries per local calendar day, the timer with pause / resume, manual entry, week and month views of the timesheet, basic reports in read-only mode, manual iCloud backup and restore, a single daily reminder, search, and EN / FR / ES / DE localisation. The free tier does not grant access to any export feature, Apple Calendar sync, or advanced preferences customisation.

5.2 iTimeSheet Basic, Pro and Studio Subscriptions (auto-renewing)

Three ascending subscription tiers coexist in the same Apple subscription group ("iTimeSheet"), which enables prorated tier changes through StoreKit2:

• iTimeSheet Basic grants access, for the duration of the subscription, to: unlimited clients and entries, the full Client → Project → Task hierarchy, a 4-level cascading hourly rate, reports with drill-down and custom periods, fully customisable CSV export and formatted PDF timesheet, one-way push to Apple Calendar (via EventKit), per-weekday reminders, expenses (without receipt photos).
• iTimeSheet Pro includes everything in Basic and adds: expense photo receipts (attach a receipt photo to any expense, pinned to its mission).
• iTimeSheet Studio includes everything in Pro and adds: PDF invoice generation with your company logo and your company name, address and email rendered in the invoice header.

Six durations are offered in total (illustrative pricing may change; the price in effect is displayed in the App at the time of purchase):

• Basic Monthly — product ID com.grang.itimesheet.basic.monthly — renews automatically every month;
• Basic Annual — product ID com.grang.itimesheet.basic.annual — renews automatically every twelve (12) months;
• Pro Monthly — product ID com.grang.itimesheet.pro.monthly — renews automatically every month;
• Pro Annual — product ID com.grang.itimesheet.pro.annual — renews automatically every twelve (12) months;
• Studio Monthly — product ID com.grang.itimesheet.studio.monthly — renews automatically every month;
• Studio Annual — product ID com.grang.itimesheet.studio.annual — renews automatically every twelve (12) months.

5.3 Free trials (new subscribers only)

Free trial periods may be offered to new subscribers (duration shown in the App at the time of subscription): typically fourteen (14) days for Basic Annual, seven (7) days for Basic Monthly and for Pro (monthly or annual). The Studio tier is offered without a free trial; however, an active Basic or Pro subscriber may generate a watermarked PDF invoice preview ("Preview — iTimeSheet Studio", non-removable watermark) to assess the rendering before subscribing. At the end of the trial period, the subscription automatically converts to the paid subscription described in § 5.2, unless cancelled in advance. Free trials are limited to one (1) per Apple ID and per tier; they cannot be combined with another offer.

5.4 Payment, billing, taxes

All payments are processed through your Apple Account, under Apple's responsibility, in accordance with Apple's App Store terms. Prices shown in the App are inclusive of any applicable taxes in your local currency, per Apple's pricing matrix. Apple issues the payment receipt and collects any applicable taxes.

6.Withdrawal right

Under Article L. 221-28, 13°, of the French Code de la consommation (which implements Directive 2011/83/EU), the fourteen-day right of withdrawal does not apply to the supply of digital content not supplied on a tangible medium where performance has begun after the consumer's prior express consent and express acknowledgement of the loss of the withdrawal right.

By making an In-App Purchase or subscribing through the App Store, you expressly request that the supply of the digital content begin immediately and you acknowledge that, as a result, you lose your withdrawal right. Apple accordingly displays the wording "You waive your right of withdrawal" on the purchase screen in countries where Directive 2011/83/EU applies.

7.Cancellation and refunds

You can cancel a subscription at any time from iOS Settings > [your name] > Subscriptions > iTimeSheet > Cancel Subscription. The cancellation takes effect at the end of the current billing period; no charge is made beyond that.

Refunds for In-App Purchases and subscriptions are governed by Apple's policy. You may file a refund request directly with Apple at reportaproblem.apple.com. The Publisher has neither the power to grant a refund nor access to payment instruments; on a goodwill basis and without obligation, it may however advocate with Apple where a request seems reasonable.

The mandatory legal warranties of conformity (Articles L. 217-3 et seq. of the French Code de la consommation) and the warranty against latent defects (Articles 1641 et seq. of the French Civil Code) remain applicable without prejudice to the Apple procedure.

8.Your data and privacy

The processing — or rather the non-processing — of your personal data is described in detail in our Privacy Policy. In short: iTimeSheet collects no personal data, uses no third-party analytics and transmits no information to any Publisher server. iCloud backups, when enabled, are stored in your own iCloud space and remain inaccessible to the Publisher.

Your entries (clients, projects, hours, expenses, photos, etc.) remain your exclusive property. The Publisher claims no right over your User Data.

9.Your obligations

You are solely responsible for:

• the security of your device and your Apple ID (passcode, biometrics, iCloud password, two-factor authentication);
• the regular backup of your data (manual iCloud backup of the App and/or general iOS backup) — the Publisher has no access to your data and therefore cannot restore any of it in case of device loss;
• compliance with the legal obligations applicable to your professional activity (tax, accounting, labour law, professional confidentiality, GDPR towards your own clients, etc.);
• the accuracy and truthfulness of the information you enter;
• the regular payment of your subscription through Apple, where applicable.

10.Intellectual property

All elements making up the App and the Site — source code, design, interfaces, texts, illustrations, screenshots, fonts, logos, trademarks, databases — are protected by copyright, trademark law, sui generis database rights and all applicable intellectual property rights. They are the exclusive property of the Publisher or its licensors.

The trademarks "iTimeSheet" and "Kiss My Apps" are trademarks of the Publisher. Apple, the Apple logo, App Store, iPhone, iPad, iCloud, Apple Watch, Face ID, Touch ID, iOS and other Apple marks are trademarks of Apple Inc., used in accordance with Apple's Trademark Guidelines for Third-Party Use.

11.Acceptable use and prohibitions

You agree to use the App and the Site in compliance with applicable laws and regulations, third-party rights and public order. The following are notably prohibited:

• any attempt to circumvent In-App Purchase or subscription enforcement;
• any use for unlawful, fraudulent or defamatory purposes;
• any entry or storage, through the App, of unlawful content or content infringing the rights of third parties;
• any attack, intrusion or overload attempt against the systems of the Publisher, Apple or any third party;
• any misuse of the App through a robot, script or similar device.

The Publisher reserves the right to suspend or terminate your licence to use, without notice, in case of substantial breach of these prohibitions, without prejudice to any other action.

12.Updates, evolution, end of support

The Publisher may, at its discretion, release updates to the App (fixes, improvements, new features) through the App Store. The installation of updates is governed by your iOS settings. Some updates may be required for security or proper operation of the App.

The Publisher reserves the right to modify, suspend, remove or discontinue all or part of the App's features, subject to reasonable notice when the change materially affects an active subscription. In such case, you may cancel your subscription and obtain a pro rata temporis refund of the unused portion from Apple.

The Publisher does not guarantee the compatibility of the App with future versions of iOS or with future iPhone models, beyond the reasonable commercial life of an App distributed on the App Store.

13.Warranties

The App is provided "as is" and "as available". To the maximum extent permitted by applicable law, the Publisher disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, freedom from error or continuity of service.

The Publisher does not warrant: that the App will operate uninterrupted or error-free; that defects will be corrected; that the results obtained will meet your expectations; that the App will be compatible with specific third-party hardware or software.

14.Limitation of liability

To the maximum extent permitted by applicable law, and without prejudice to mandatory consumer rights, the Publisher's total cumulative liability towards you, on any ground combined, in connection with the App, the Site or these Terms, shall not exceed the greater of: (i) the amount actually paid by you to Apple for the App in the twelve (12) months preceding the triggering event, or (ii) fifty euros (€50).

The Publisher shall in no event be liable for indirect, immaterial or consequential damages, including without limitation: loss of revenue, loss of customers, loss of opportunity, loss of image, loss of profit, loss of data (other than under the legal warranty of conformity), business disruption, or third-party claims.

In particular, the Publisher is not liable for: the consequences of the loss of your device, an iOS reset or a corruption of your iCloud backup; entry or calculation errors resulting from use inconsistent with the documentation; the unsuitability of the App for a use not contemplated by the documentation; the consequences of an iOS upgrade or an Apple hardware change.

Nothing in these Terms limits or excludes the Publisher's liability in case of wilful misconduct, gross negligence, personal injury or any liability which cannot be limited or excluded by law.

15.Indemnification

You agree to indemnify, defend and hold harmless the Publisher, its officers, employees and contractors from and against any claim, demand, action, damage, cost, expense or liability (including reasonable defence costs) arising from: (i) your breach of these Terms; (ii) your breach of applicable laws or regulations; (iii) your violation of the rights of a third party (in particular intellectual property rights, the right to privacy or image rights); (iv) your use of the User Data you enter into the App (for example, towards your own clients).

16.Apple App Store specific terms

Apple distributes the App through the App Store and imposes certain clauses that supplement or override these Terms to the following extent:

1. Acknowledgement. These Terms are concluded between you and the Publisher only, and not with Apple. The Publisher, not Apple, is solely responsible for the App and its content.
2. Scope of licence. The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and support. The Publisher is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty. The Publisher 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 App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Publisher's sole responsibility.
5. Product claims. The Publisher, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks, where applicable.
6. Intellectual property rights. In the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, the Publisher, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. Legal compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address. For any question, complaint or claim concerning the App, contact the Publisher at the details set out in Section 3.
9. Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data services agreement).
10. Third-party beneficiary. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of the 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 thereof.

17.Force majeure

The Publisher shall not be liable for any failure or delay in the performance of its obligations resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code, including without limitation: natural disaster, war, terrorist act, failure of telecommunications or electricity networks, generalised outage of iCloud or the App Store, government action, epidemic, generalised strike.

18.Termination

You may terminate these Terms at any time by uninstalling the App from your device and, where applicable, by cancelling your subscription through Apple.

The Publisher may terminate these Terms and the licence granted, without notice and without compensation, in case of substantial or repeated breach by you. Termination shall result in the immediate extinction of your right to use the App; amounts paid for the current period shall not be refundable, except for mandatory consumer rights. The provisions of the sections relating to intellectual property, limitation of liability, indemnification, governing law and jurisdiction shall survive termination.

19.Assignment

You may not assign, transfer or sub-license these Terms without the Publisher's prior written consent. The Publisher may freely assign these Terms to any affiliate, acquirer or assignee of all or part of its business, provided that your rights are not substantially impaired.

20.Governing law and jurisdiction

These Terms are governed by French law, excluding its conflict-of-law rules.

In accordance with Article R. 631-3 of the French Code de la consommation, if you act as a consumer, you may bring proceedings, at your choice, before any court otherwise having jurisdiction under the French Code of Civil Procedure, the court of the place where you resided at the time of formation of the contract or at the time of the harmful event.

If you act as a professional, any dispute relating to the formation, performance or interpretation of these Terms shall be submitted to the exclusive jurisdiction of the Commercial Court of Bobigny (France), notwithstanding multiple defendants, third-party claims or multiple proceedings.

21.Mediation and consumer disputes

Pursuant to Articles L. 612-1 et seq. of the French Code de la consommation, you may resort, free of charge, to a consumer mediator in case of a dispute that remains unresolved with the Publisher after a written complaint. The Publisher's designated mediator is:

Consumer mediator

TO BE APPOINTED  (pending enrolment in a mediation body listed by the French Commission d'évaluation et de contrôle de la médiation de la consommation (CECMC). To be published before commercial launch.)

You may also, under Regulation (EU) No. 524/2013, use the European online dispute resolution (ODR) platform at ec.europa.eu/consumers/odr.

22.Changes to these terms

The Publisher may amend these Terms to reflect a change to the App, a new legal requirement or user feedback. The applicable version is the one in force on the date of your use, published at this URL with its effective date. In case of a material change:

• the effective date at the top of the document is updated;
• a reasonable notification may be displayed in the App or communicated by any appropriate means;
• for ongoing subscriptions, the new terms shall apply at the next renewal, giving you the opportunity to cancel beforehand.

Continued use of the App beyond the effective date of a new version constitutes acceptance thereof.

23.Miscellaneous

Severability. If any provision of these Terms is held to be void, illegal or unenforceable, in whole or in part, by a court of competent jurisdiction, that provision shall be deemed unwritten and the remaining provisions shall remain in full force and effect.

No waiver. The Publisher's failure to enforce any provision of these Terms shall not be construed as a waiver of its right to enforce it later.

Entire agreement. These Terms, together with the Privacy Policy and Apple's applicable App Store terms, constitute the entire agreement between you and the Publisher relating to their subject matter and supersede any prior agreement.

Language. These Terms are drafted in French. An English translation is provided for convenience; in case of any conflict of interpretation, the French version prevails.

24.Contact

Any question, complaint or request relating to these Terms may be sent to:

Email

contact@itimesheet.app

Postal

Kiss My Apps — 17, chemin des Loriots — 93230 Romainville — France