HiBart End User License Agreement (EULA)
Licensed Application End User License Agreement
This End User License Agreement ("Agreement") is between you and HiBart ("Licensor") for the HiBart mobile application ("Licensed Application").
By downloading or using the Licensed Application, you agree to be bound by the terms of this Agreement.
1. Scope of License
Licensor grants you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
This license does not allow you to:
- Distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time
- Rent, lease, lend, sell, redistribute, or sublicense the Licensed Application
- Copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law)
- Use the Licensed Application for commercial purposes without written permission
2. Eligibility
You must be at least 13 years of age to use the Licensed Application. By agreeing to this EULA, you represent that you meet this age requirement.
3. Consent to Use of Data
You agree that the Licensed Application may collect and use data as described in our Privacy Policy at https://www.hibart.app/privacy.html. This includes:
- Task text sent to Google Gemini AI for natural language parsing
- Voice audio sent to Apple's Speech Recognition servers for transcription
- Accelerometer data processed on-device for BART character animation (never stored or transmitted)
- Task and activity data synced to Firebase Firestore if you enable cloud sync
- Widget data shared between the app and its home screen widgets via a sandboxed App Group container on your device
4. Termination
This license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Licensor reserves the right to modify, suspend, or discontinue the Licensed Application (or any part or content thereof) at any time with or without notice to you, and Licensor will not be liable to you or any third party should it exercise such rights.
5. External Services
The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents.
You agree not to use the External Services in any manner that is inconsistent with the terms of this license or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Licensed Application or that could damage, disable, overburden, or impair the functioning of the Licensed Application in any manner.
External Services used by the Licensed Application include:
- Firebase (authentication and data sync)
- Google Gemini AI (task processing)
- Apple services (authentication, payments, notifications)
Licensor does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by any External Service.
6. No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor's total liability to you for all damages exceed the amount of fifty dollars ($50.00) or the amount you actually paid for the Licensed Application in the preceding 12 months, whichever is greater.
8. Medical / Health Disclaimer
THE LICENSED APPLICATION IS A PRODUCTIVITY TOOL AND IS NOT A MEDICAL DEVICE.
The Licensed Application is not intended to diagnose, treat, cure, or prevent any disease or medical condition, including but not limited to ADHD (Attention Deficit Hyperactivity Disorder), anxiety, depression, or any other mental health condition.
The Licensed Application has not been evaluated or approved by the FDA, any regulatory body, or any medical authority. Any features described as helping with "focus," "task initiation," "time awareness," or similar are general productivity aids and are not medical interventions.
If you have or suspect you have ADHD, executive function challenges, or any other medical or mental health condition, you should consult with a qualified healthcare professional. Do not use the Licensed Application as a substitute for professional medical advice, diagnosis, or treatment.
9. Export Compliance
You may not use or export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.
10. Government End Users
The Licensed Application and related documentation are "Commercial Items" as defined in 48 C.F.R. ยง2.101. Government end users acquire the Licensed Application with only those rights set forth herein.
11. Governing Law
This Agreement is governed by the laws of the State of Delaware, United States, excluding its conflicts of law rules.
12. Contact Information
For questions about this Agreement:
Email: legal@hibart.app
Website: https://www.hibart.app/eula.html
Support: https://www.hibart.app/feedback.html
13. Agreement
By downloading, installing, or using the Licensed Application, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms.
If you do not agree to the terms of this Agreement, do not download, install, or use the Licensed Application.
HiBart - Making Productivity Fun and Accessible