Terms of Service

1. About these terms

These Terms of Service ("Terms") are an agreement between you and Bernardo Ramada, who operates Yearpop ("Yearpop", "we", "us", or "our"), and govern your download, access to, and use of the Yearpop mobile application and related services (the "App").

By downloading, installing, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App. If you use the App on behalf of an organization, you confirm that you have authority to bind that organization.

2. Who may use Yearpop

You must be at least 16 years old to use Yearpop. If you have not reached the age of legal majority where you live, a parent or legal guardian must review and agree to these Terms and supervise your use. You must also be legally permitted to use the App under the laws that apply to you.

3. What Yearpop does

Yearpop is a personal calendar and event-planning tool. It lets you create, edit, display, repeat, delete, and share visual representations of events. Dates, countdowns, reminders, recurrence results, exported images, and other outputs are provided as organizational aids only.

Yearpop is not an emergency, medical, legal, financial, travel, safety, or professional advisory service. You remain responsible for confirming dates, times, time zones, reservations, deadlines, and other important information through an appropriate authoritative source.

The current version of Yearpop is offered without charge and does not require an account. If we later introduce paid features, subscriptions, accounts, or cloud services, we will present any additional terms and pricing before they apply.

4. Local data and backups

The current version stores event information primarily on your device and may create an automatic local backup on that device. Local backup is a convenience feature, not a guaranteed archival or recovery service. It may not survive deletion of the App, loss or damage of the device, operating-system actions, storage corruption, device migration, restoration, or other events outside our control.

You are responsible for maintaining any independent records or backups you need. To the maximum extent permitted by law, we are not responsible for loss, corruption, deletion, failed restoration, or unauthorized access to data stored on your device.

5. Your content

You retain ownership of event names, emojis, dates, images, text, and other material you create or select in the App ("Your Content"). You are responsible for Your Content and must have all rights and permissions needed to use and share it.

When you use a sharing feature, you instruct the App and your device to create or transmit the selected content to the destination you choose. You are responsible for checking the preview, recipients, and destination before sharing. Once content leaves the App, its use is controlled by you, the recipient, and the third-party service involved.

You must not use the App to create, store, or share content that is unlawful, infringing, deceptive, abusive, threatening, discriminatory, sexually exploitative, malicious, or that violates another person's privacy, publicity, intellectual-property, or other rights.

6. Permission to use the App

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, solely for lawful personal use and in accordance with applicable App Store usage rules. The App is licensed, not sold.

7. Restrictions and acceptable use

You may not copy, rent, lease, sell, sublicense, distribute, publicly exploit, or commercially resell the App; reverse engineer, decompile, disassemble, or attempt to derive its source code except where applicable law expressly permits this; bypass security or usage restrictions; introduce malware; interfere with the App or related systems; scrape or access the App through unauthorized automated means; impersonate others; or use the App in a way that violates law or third-party rights.

8. Intellectual property

Except for Your Content and third-party material, the App, its software, design, branding, interfaces, graphics, and other content are owned by or licensed to Yearpop and are protected by intellectual-property laws. No rights are granted except the limited license stated in these Terms. Yearpop and associated branding may not be used without prior written permission.

Emoji artwork, operating-system symbols, fonts, third-party libraries, and other third-party materials may be owned and licensed by their respective owners. Your use of those materials may also be governed by third-party terms.

9. Feedback

If you send ideas, suggestions, or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use, modify, and incorporate that feedback without restriction or compensation, while we remain responsible for handling any personal information in accordance with our Privacy Policy.

10. Third-party services

The App may interact with services provided by Apple or others, such as the App Store, device sharing tools, email apps, websites, fonts, or software libraries. We do not control and are not responsible for third-party services, content, availability, security, or practices. Your use of them is governed by their own terms and privacy policies.

11. Changes, availability, and updates

We may add, change, suspend, or discontinue features, integrations, or the App, and may release updates needed for security, compatibility, legal compliance, or functionality. We do not promise that the App will always be available, uninterrupted, error-free, compatible with every device, or preserved in its current form.

You are responsible for maintaining a supported device, operating system, network connection where needed, and sufficient storage. Beta and TestFlight versions may be incomplete, unstable, or changed without notice and should not be relied upon for important records.

12. Suspension and termination

You may stop using the App at any time. We may suspend or terminate access where reasonably necessary to protect users, comply with law, address security or technical risk, or respond to a material breach of these Terms. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, liability limits, indemnity, and dispute terms.

13. No warranties

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available". We disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and warranties arising from course of dealing or usage of trade. We do not warrant that event data, recurrence calculations, countdowns, backups, exports, or sharing will be accurate, complete, secure, or uninterrupted.

Some jurisdictions do not allow certain warranty exclusions. Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.

14. Limitation of liability

To the maximum extent permitted by law, Yearpop and its owners, officers, employees, contractors, licensors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, events, profits, revenue, goodwill, opportunities, or business interruption, arising from or related to the App or these Terms, even if advised that such harm was possible.

To the maximum extent permitted by law, our total aggregate liability for all claims arising from or related to the App or these Terms will not exceed CHF 40.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence where applicable, death or personal injury caused by negligence, or mandatory consumer rights.

15. Indemnity

To the extent permitted by applicable law, you will defend, indemnify, and hold harmless Yearpop and its owners, officers, employees, contractors, and affiliates from third-party claims, damages, losses, liabilities, and reasonable legal costs arising from Your Content, your unlawful or unauthorized use of the App, or your material breach of these Terms or another person's rights. This section does not apply to the extent a claim was caused by our own unlawful conduct and does not reduce non-waivable consumer protections.

16. Privacy

Our Privacy Policy explains how the App handles personal information and forms part of the rules governing your use of Yearpop. You should review it before using the App. Where consent is legally required for a particular data practice, these Terms do not replace that consent.

17. Export and legal compliance

You must comply with applicable export-control, sanctions, and trade laws. You represent that you are not located in a country or region subject to a comprehensive applicable embargo and are not listed on an applicable prohibited or restricted-party list. You must also comply with all laws that apply to your use of the App.

18. Governing law and disputes

These Terms are governed by the substantive laws of Switzerland, without regard to conflict-of-law rules, and subject to the jurisdiction of the competent courts at the operator's domicile in Switzerland. If you are a consumer, this choice does not deprive you of mandatory protections or the right to bring proceedings in a court available to you under the law of your country of residence.

Before filing a claim, please contact us at support@yearpop.com and describe the issue so we can try to resolve it informally. Nothing here prevents either party from seeking urgent injunctive relief or using a regulator, consumer body, or dispute process that cannot lawfully be waived.

19. Changes to these Terms

We may update these Terms to reflect changes to the App, law, security, or our business. We will provide notice in the App or through another reasonable channel when required. The updated Terms will state their effective date. If applicable law requires consent to a material change, we will request it.

20. Apple-specific terms

If you downloaded the App from Apple's App Store, you acknowledge that these Terms are between you and Yearpop, not Apple. Yearpop, not Apple, is solely responsible for the App and its content, maintenance, support, warranties, and claims relating to the App, subject to applicable law. Apple has no obligation to provide maintenance or support services.

If the App fails to conform to an applicable warranty, you may notify Apple and Apple may refund any purchase price paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligation. Yearpop, not Apple, is responsible for addressing claims concerning product liability, legal or regulatory compliance, and consumer-protection or similar matters.

If a third party claims that the App or your possession and use of it infringes intellectual-property rights, Yearpop, not Apple, is responsible for the investigation, defence, settlement, and discharge of that claim to the extent required by these Terms and applicable law.

You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, when you accept them, Apple may enforce the Apple-specific provisions against you.

21. General

These Terms, the Privacy Policy, and any additional terms presented for a feature form the entire agreement regarding the App. If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, reorganization, sale, or transfer of the App or business, subject to applicable law.

22. Contact

Questions about these Terms may be sent to support@yearpop.com. Yearpop is operated by Bernardo Ramada.