PathKept Terms of Service

PathKept is a personal task and project app for your Mac, published by Dawked Up Productions LLC. Your data stays on your device. Subscriptions are sold and billed by Apple through the App Store. PathKept is a productivity tool, not a medical, diagnostic, or therapeutic service. Use of the app means you accept these Terms.

These Terms of Service (“Terms”) are a binding agreement between you and Dawked Up Productions LLC (“Dawked Up Productions,” “we,” “us,” or “our”) governing your download and use of the PathKept application and any updates to it (the “App”). By downloading, installing, or using the App, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the App.

Because the App is distributed through the Apple App Store, Apple’s Licensed Application End User License Agreement (the “Standard EULA”) also applies to your use of the App. These Terms supplement the Standard EULA. Where these Terms grant you greater rights than the Standard EULA, these Terms control; where they conflict on a point Apple requires, the Standard EULA controls.

PathKept is a single-user productivity app that helps you capture, organize, and surface tasks, projects, and notes, and view selected calendar events as a planning aid. It is designed to work entirely on your own Mac.

PathKept is not a medical device, and it does not provide medical, psychological, clinical, diagnostic, or therapeutic advice. The App is informed by research into how people focus and follow through, but it is a general productivity tool and not a substitute for professional care, diagnosis, or treatment. Nothing in the App should be interpreted as a clinical assessment or as advice about any health condition. If you have concerns about your health or wellbeing, consult a qualified professional. You are solely responsible for decisions you make using the App.

Subject to these Terms and the Standard EULA, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use one copy of the App for your own personal, non-commercial purposes on Apple-branded devices that you own or control, as permitted by the App Store usage rules. We reserve all rights not expressly granted to you.

PathKept offers a free trial followed by an auto-renewing subscription available on a monthly or annual basis. The current trial length, subscription periods, and prices are shown in the App before you purchase. All purchases are processed by Apple through the App Store using your Apple ID; we do not sell subscriptions directly and we never receive or store your payment card details.

• Free trial. If a free trial is offered, it gives you full access for the stated period. Any unused portion of a free trial is forfeited when you purchase a subscription, as disclosed by Apple at the time of purchase.
• Auto-renewal. Subscriptions automatically renew at the then-current price for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple ID is charged for renewal within 24 hours before the period ends.
• Managing and canceling. You can manage or cancel your subscription, and turn off auto-renewal, in your Apple ID account settings on your device. Deleting the App does not cancel your subscription.
• Refunds.Payments and refunds are handled by Apple under Apple’s policies. We do not process refunds directly. Requests should be made through Apple.
• Price changes. If we change subscription prices, the change will not affect your current period; Apple will seek your consent to a price increase where required before it takes effect.

You retain all rights to the tasks, projects, notes, attachments, and other content you create in the App (“Your Content”). As described in our Privacy Policy, Your Content is stored locally on your device; we do not have access to it, do not sync it, and cannot recover it for you.

You are responsible for Your Content and for maintaining your own backups. If you choose to store information about other people in the App, you are responsible for doing so lawfully and for any consent that may be required. You agree not to store content that is unlawful or that infringes the rights of others.

Because Your Content lives only on your device, deleting the App or losing your device may permanently delete Your Content. We are not responsible for any loss of Your Content.

You agree not to:

• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent this restriction is prohibited by applicable law.
• Copy, modify, distribute, sell, rent, sublicense, or create derivative works of the App.
• Use the App for any unlawful purpose or to store or transmit unlawful content.
• Circumvent, disable, or interfere with the App’s subscription, security, or licensing mechanisms.
• Use the App in any way that violates the App Store usage rules or applicable law.

The App, including its software, design, “PathKept” name, logos, and all related intellectual property, is owned by Dawked Up Productions LLC and is protected by law. These Terms do not grant you any rights in our trademarks or branding. All rights not expressly granted are reserved.

The App relies on Apple services such as the App Store and StoreKit for distribution, purchases, and subscription management. Your use of those services is governed by Apple’s terms and privacy policy, not ours. We are not responsible for Apple’s services or for any third-party platform on which you choose to store your local backups.

You acknowledge that these Terms are between you and Dawked Up Productions LLC only, and not with Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims relating to the App, including product-liability, regulatory, or intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-party list.

The App is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that it will meet your requirements. You use the App at your own risk.

To the maximum extent permitted by law, in no event will Dawked Up Productions LLC be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of or inability to use the App, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the App will not exceed the greater of the amount you paid for the App in the twelve months before the claim or ten U.S. dollars (US$10).

You agree to indemnify and hold harmless Dawked Up Productions LLC from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the App, your violation of these Terms, or your violation of any law or the rights of a third party.

These Terms remain in effect while you use the App. We may suspend or terminate your license if you materially breach these Terms. You may stop using the App at any time by deleting it. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and indemnification — survive.

We may update these Terms from time to time. When we do, we will revise the effective date above and update this page, along with the version in the App where applicable. Material changes will be made apparent in the App. Your continued use of the App after a change takes effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Rhode Island, without regard to its conflict-of-law rules. You agree that the state and federal courts located in Rhode Island will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App, and you consent to personal jurisdiction in those courts. The foregoing does not limit any mandatory consumer-protection rights you have under the laws of your place of residence.

Questions about these Terms? Email support@dawkedupproductions.com.