These Terms of Use (“Terms”) govern your use of the iOS applications Mastery Skill Tracker and Mastery Video Coach (the “Apps”) provided by Kimesoft (“we,” “us”). By downloading or using an App, you agree to these Terms. If you do not agree, do not use the Apps.
We grant you a personal, non-exclusive, non-transferable, revocable license to use the Apps on Apple-branded devices that you own or control, in accordance with the App Store Terms of Service and these Terms. You may not copy, redistribute, sell, reverse-engineer, or attempt to extract the source code of the Apps except as permitted by law.
The Apps store your content (students or athletes, skills, ratings, notes, photos, video, and reports) on your device and in your own iCloud. You are solely responsible for that content, including for obtaining any consents required to record or store information about other people (including minors), and for backing it up. We do not access, monitor, or store your content on our servers. See our Privacy Policy.
You agree to use the Apps lawfully and not to use them to store or process content you do not have the right to use, or in any way that infringes the rights of others.
The Apps are provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Apps will be uninterrupted, error-free, or that data will never be lost. You are responsible for maintaining your own backups.
To the maximum extent permitted by law, Kimesoft will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising from your use of the Apps. Our total liability for any claim relating to the Apps will not exceed the amount you paid for the App in the twelve months before the claim.
These Terms are between you and Kimesoft only, not with Apple. Apple is not responsible for the Apps or their content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. Any maintenance, support, or warranty obligations are ours, not Apple’s, and any claims relating to the Apps’ failure to conform to applicable law are governed by these Terms and the App Store Terms of Service.
We may update these Terms as the Apps evolve. Continued use after an update means you accept the revised Terms. We will revise the “Last updated” date above.
These Terms are governed by the laws of the jurisdiction in which Kimesoft operates, without regard to conflict-of-laws rules, except where local consumer-protection law requires otherwise.
Questions about these Terms? Email kenji@nakatadojo.com.