Privacy policy and terms
HOUR (APP) PRIVACY POLICY & TERMS
This Privacy Policy was last updated on September 12, 2024.
Welcome to HOUR (“Service”), the mobile service provided by Dmytro Stepanenko (“HOUR,” “we,” “us,” or “our”).
This page is used to inform visitors about our policies regarding the collection, use, and disclosure of Personal Information if anyone decides to use our Service.
If you choose to use HOUR, you agree to the collection and use of information in accordance with this policy. The Personal Information we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
OVERVIEW
HOUR is a personal organization platform that provides users with tools for managing tasks, events, notes, and checklists (collectively referred to as "User Activities"). By utilizing the Hour App, you gain access to a customizable planning experience that integrates seamlessly with your calendar apps and notes. As a user, you are responsible for all User Activities created, uploaded, or modified within the app.
The Service is made available on hourapp.co, HOUR mobile apps, and in other forms provided or made available by HOUR. Your use of the Service is subject to these Terms and HOUR’s Acceptable Use Policy. By using the Service, you acknowledge and agree to HOUR’s Privacy Policy and Terms.
You may use the Service only if you can form a binding contract with HOUR and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power, and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.
USING THE SERVICE
Age Requirement
Children may not access or use the Service unless their use is directly authorized by their parent, guardian, or another authorized adult who agrees to be bound by these Terms. For the purposes of these Terms, a child is defined as a person under the age of 17 (or the minimum legal age required to provide consent for the processing of personal data in the country where the child is located).
Access to the Service
Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, and freely revocable license to access and use the Service for business or personal use. HOUR reserves all rights not expressly granted under these Terms. Each person must have a unique account, and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service using your unique username, password, or other security code.
Anti-discrimination
HOUR does not support and will not tolerate the use of its Service to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner that would incite, promote, or support such discrimination, and you must not use the Service to incite or promote hostility or violence.
RESTRICTIONS ON USE OF THE SERVICE
You shall not, yourself or through any third party: (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Copyrighted Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the Copyrighted Content.
SECURITY AND DATA PRIVACY
Information Security. HOUR implements and maintains physical, technical, and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification, or disclosure.
Data Privacy. HOUR’s Privacy Policy describes how HOUR collects, uses, transfers, discloses, and stores your personal data. By creating a HOUR account, you confirm that you have read, understood, and agree to our Data Processing Addendum in full, and that the Data Processing Addendum shall be incorporated into these Terms to the extent that Personal Data subject to Applicable Data Laws is processed by HOUR on your behalf in connection with your use of the Service. In the event of any conflict between these Terms and the Data Processing Addendum, the Data Processing Addendum shall prevail.
USER CONTENT
You represent and warrant that you own all rights, title, and interest in and to your User Content, or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use, and distribution thereof as contemplated by these Terms. As between you and HOUR, you own all rights, title, and interest in and to your User Content. You grant HOUR a royalty-free and sublicensable license to display, host, copy, store, and use your User Content solely to the extent necessary to provide the Service to you.
You agree that if you opt in to do so via privacy settings within your account settings, HOUR, its affiliates, and its third-party service providers that enable functionality within the Service may use your User Content to develop, improve, and provide AI products and services, including through the use of machine learning technologies. We will not use User Content of HOUR for Education for AI training.
USER STATUS
Downloading and accessing the App is free of charge, except for the cost of the connection to the telecommunications network supplied by the service provider contracted by the User. The party who downloads and uses the App is granted user status (hereinafter referred to as the “User”), which involves reading, understanding, and accepting all terms and conditions stipulated herein.
USER LICENSE
HOUR grants the User a non-exclusive, non-transferable, revocable, personal limited license to use the App for personal, private, non-commercial purposes, limited to the terms described in these Conditions of Use. This license is restricted to the period set forth in these Conditions of Use and is subject to the territorial availability of the App. Notwithstanding the above, HOUR may rescind or revoke this license at any time.
INFORMATION COLLECTION AND USE
We collect the following types of information about you:
(a) Information you provide us directly
We may ask for certain information when you register for a HOUR account or correspond with us (such as a username and email address). We also collect any messages you send us through the Service (such as user feedback, search queries, and prompts), and we may collect information you provide in User Content you post to the Service (such as text and photos you upload for your activities). We use this information to operate, maintain, and provide the features and functionality of the Service to you, correspond with you, and address any issues you raise about the Service.
If you don’t provide your personal information to us, your experience of using our Service may not be as enjoyable.
(b) Information we receive from third-party applications
We may receive information about you from third parties. For example, if you access the Service through a third-party connection or login, this information could include, but is not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Service. If you unlink your third-party account, we will no longer receive information collected about you in connection with that service.
If you communicate with us via social media, including Instagram, Facebook, Telegram, or TikTok, and choose to share your content with us, we may receive information such as notes, events, lists you’ve created, your photo, your account name, and your comments about HOUR.
(c) Information we collect from you automatically
We will directly collect or generate certain information about your use of the Service (such as user activity data, analytics event data, and clickstream data) for data analytics and machine learning, as well as to help us measure traffic and usage trends for the Service. We may also use third-party analytics tools that automatically collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. For more information, please see the paragraphs below on cookie information, log file information, clear GIFs, device identifiers, and location data.
(d) Device Identifiers
When you access the Service on a device (including smartphones or tablets), we may access, collect, and/or monitor one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files that uniquely identify your mobile device. A device identifier may convey information to us about how you use the Service. It may also remain persistently on your device to help you log in and navigate the Service more efficiently. Some features of the Service may not function properly if the use of device identifiers is impaired. Device identifiers used by HOUR include the Android Advertising ID and the iOS Advertising Identifier.
(e) Content within Your Account
We receive content that you create within your HOUR account and media you upload for use within it, such as images, documents, videos, and metadata related to your content.
HOW WE USE YOUR INFORMATION
We use the information we collect about you for the purposes set out below:
Providing you with the Service: We use the information you directly provide us to deliver the Service, which includes allowing you to log in to HOUR, operating and maintaining the Service, granting you access to your activities, and billing you for transactions made via the Service. We also use information collected automatically to remember details, so you won’t have to re-enter them during your visit or the next time you use the Service.
For data analytics: We analyze information to improve the HOUR Service and enhance our users’ experience, including by monitoring aggregate metrics such as total visitors, traffic patterns, and demographics.
For analytics and machine learning: We may analyze your activity, content, media uploads, and related data in your account to provide and customize the Service. This data helps us train our algorithms, models, and AI products to develop, improve, and provide our Service.
To communicate with you about the Service: We use your contact information to communicate critical elements of the Service, such as technical issues, security alerts, or administrative matters.
To provide relevant offers and promotions: We use the information collected to ensure you receive the most relevant offers and promotions based on your use of the Service and your preferences. You can opt out of these communications as described below.
To improve the Service: We analyze your use of the Service and your content to understand user engagement better, measure effectiveness, and implement improvements.
Customer support: We use information collected from your account, as well as details provided to our customer support team, to resolve technical issues and enhance the Service for all HOUR users.
For troubleshooting, error resolution, and service improvement: We may review your activities to assist with help requests, correct errors, or improve our services.
For legal compliance: HOUR will use or disclose your information when we believe it is necessary to (a) comply with legal requirements and law enforcement requests; (b) enforce our Terms of Use or protect the security or integrity of our Service; and/or (c) exercise or protect the rights, property, or personal safety of HOUR, our users, or others.
SHARING YOUR INFORMATION
(a) How We Share Your Information
We share your information with third-party service providers for the purpose of providing the Service to you, facilitating HOUR’s legitimate interests, or if you consent. These service providers are vetted by us and will only be granted access to your information as is reasonably necessary for the purpose for which HOUR has engaged them. We require that such third parties comply with applicable laws and maintain security, privacy, and data retention policies consistent with our policies.
Some of the third parties with whom HOUR may share your personal information include service providers who assist HOUR with functions such as:
- Customer support and management
- Email services
- Hosting and storage
- Data analytics and predictive analytics
- Data labeling and machine learning
- Security
- Advertising and marketing services
- Domain name registration
- Other service providers
(b) How You Can Share Your User Information
Public or Direct Sharing
You may share your HOUR activities with your social media accounts or directly with any third parties. You should ensure that you familiarize yourself with the privacy policies of each of these services and any privacy settings that may apply to the activities you choose to share on those accounts.
(c) Sharing in Connection with a Merger, Acquisition, or Reorganization
HOUR may share, sell, or transfer your information to third parties in connection with or in contemplation of (including as part of the due diligence process) any merger, acquisition, reorganization, financing, sale of assets, bankruptcy, or insolvency event involving HOUR or any portion of our assets, services, or businesses. Information such as customer names, email addresses, User Content, and other user information related to the Service may be among the items shared, sold, or otherwise transferred in these types of transactions.
You will be notified via email and/or through a notice on the Service if such a transaction takes place and will be informed of any material changes to the way we handle your data under this policy.
(d) Sharing Aggregate Data
We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
(e) Sharing with Authorities
We may access, preserve, and share your information with regulators, law enforcement, police, intelligence-sharing organizations, and take-down services in accordance with our Authority Request Policy, or where we have a good-faith belief that such action is necessary to detect, prevent, or address fraud, breaches of our Terms of Use or Acceptable Use Policy, harmful or illegal activity, or to protect HOUR, you, or others. This includes activities as part of investigations, regulatory inquiries, or to prevent death or imminent bodily harm.
ADVERTISING
We partner with third-party ad servers, ad networks, and social media platforms (like Facebook, Google, Appsflyer, etc.) to deliver personalized advertisements (“ads”) on our Service and other sites that may be of interest to you, to measure their effectiveness, and to identify potential new users of our Service.
HOUR may share certain information with our third-party advertising partners, such as your email address, location, cookie information, and information related to your use of our Service. We allow partners to perform a match of your information against information from other third-party networks or sites to serve ads either on the Service or on third-party sites, and to measure the effectiveness of these ads. We also share certain information with social media platforms, such as Facebook and TikTok, to display advertising to potential new users whose demographics and behaviors resemble those of our existing users.
HOUR does not sell or rent the information we collect directly from you or about you from third parties to these third-party ad servers or ad networks for their own marketing purposes.
The HOUR Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of these advertisers or contact them directly for more information.
HOW WE TRANSFER, STORE, AND PROTECT YOUR DATA
Your information collected through the Service will be stored and processed in the United States, Ukraine, Australia, Singapore, the European Union, the United Kingdom, the Philippines, and New Zealand, as well as any other country in which HOUR or its subsidiaries, affiliates, or service providers maintain facilities or employ staff or contractors. HOUR transfers information that we collect about you, including personal information, to affiliated entities and other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
As a result, we may transfer information, including personal information, to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. However, we always take steps to ensure that your information remains protected wherever it is stored and processed in accordance with applicable laws. Where required under applicable laws, you consent to the transfer of information to the U.S. or any other country in which HOUR or its parent, subsidiaries, affiliates, or service providers maintain facilities, and to the use and disclosure of information about you as described in this Privacy Policy.
KEEPING YOUR INFORMATION SAFE
HOUR cares about the security of your information and uses appropriate safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, as well as for controlling access to your email communications from HOUR at all times.
However, HOUR cannot ensure or warrant the security of any information you transmit to us, nor can we guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third-party sites and services that you add to the HOUR Service, such as social networks. HOUR is not responsible for the functionality or security measures of any third party.
HOW LONG WE KEEP YOUR INFORMATION
Following the termination or deactivation of your user account, HOUR will retain your profile information and User activities for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, HOUR will retain your information to comply with our legal and audit obligations, as well as for backup and archival purposes.
BILLING
HOUR offers both free and paid Services. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.
a. Subscriptions and Renewals
If you subscribe to HOUR Pro, you can choose between a weekly, monthly or annual subscription. Your subscription will automatically renew on a weekly, monthly or annual basis, as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.
b. Taxes
Your subscription fees include all applicable taxes unless otherwise specified in an agreement with HOUR, within the Service, or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.
c. Cancellation
You can stop using the Service and/or cancel your subscription at any time via your account settings in iCloud. If you cancel your subscription, you will not be entitled to a refund of any fees already paid, and any outstanding fees will become immediately due and payable.
d. Free Trials
HOUR may offer you a free trial to allow you to try our Service. HOUR reserves the right to set eligibility requirements and the duration for free trials.
At the end of your free trial, HOUR will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial.
e. Changes to Pricing
HOUR reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.
HOUR’s INTELLECTUAL PROPERTY
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Copyrighted Content remain the sole property of Dmytro Stepanenko. You assign to HOUR any suggestions, ideas, enhancement requests, or other feedback you provide to HOUR relating to the Service or to Dmytro Stepanenko’s products. Dmytro Stepanenko owns all content, data, software, inventions, ideas, and other technology and intellectual property that develop in connection with the Service and its products.
WARRANTY DISCLAIMER
The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have, HOUR, its owners, and its suppliers expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. HOUR does not warrant that your use of the Service will be uninterrupted or error-free. HOUR does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss.
You understand that the use of the Service necessarily involves the transmission of your data over networks that HOUR does not own, operate, or control, and that HOUR is not responsible for any of your data that is lost, altered, intercepted, or stored across such networks. HOUR will not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside HOUR’s reasonable control.
THIRD PARTY SERVICE
You may elect to use the Service in conjunction with third-party websites, platforms, or apps. Your use of a Third-Party Service is subject to the terms and conditions applicable to that Third-Party Service. HOUR makes no representations or warranties in relation to Third-Party Services and expressly disclaims all liability arising from your use of such services.
YOUR INDEMNITY OBLIGATIONS
You agree, to the extent permitted by law, to defend, indemnify, and hold harmless HOUR and its affiliates, officers, directors, agents, licensors, and employees from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.
LIMITATIONS OF LIABILITY
In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort, by statute, or otherwise) exceed the greater of (i) $100 USD or (ii) the subscription fees paid by you to HOUR during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled "Restrictions on Use of the Service."
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary, or punitive damages, losses, or expenses (including, but not limited to, business interruption, lost business, or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled "Restrictions on Use of the Service."
HOUR is not responsible for, and assumes no liability for, the contents of User activities.
These Terms do not affect consumer rights that cannot be waived or limited by law. These Terms do not exclude or limit liability arising out of either party’s gross negligence, fraud, or willful misconduct.
TERM AND TERMINATION
a. Term
These Terms shall take effect the first time you access the Service and shall continue in full force and effect until (i) the expiration or termination of your subscription if you are a paid subscriber, or (ii) when your account is deleted or terminated if you are using HOUR’s free offering.
b. Violations
If HOUR, in its reasonable discretion, determines that you or your use of the Service, your User Content, or your Designs violate these Terms, including but not limited to HOUR’s Acceptable Use Policy, the section entitled “Restrictions on Use of the Service,” or the section entitled “Anti-discrimination” (any of which is considered a “Violation”), HOUR may take one or more of the following actions: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account; (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.
c. Effect of Termination
In the event of termination of your subscription for cause due to default by HOUR, HOUR shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination and ending on the last day of your then-current subscription. In the event of termination of your subscription due to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.
Upon expiration or termination of your subscription, you must cease using the Service. You will lose access to your User activities and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) following the expiration or termination of your subscription. Unless your account was terminated due to a Violation, you can download or export your User activities using the functionality of the Service prior to the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on any HOUR Service unless you receive HOUR’s written permission.
d. Survival of Terms
The sections titled “Term and Termination,” “Billing,” “HOUR’s Intellectual Property,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous” shall survive any expiration or termination of these Terms.
MISCELLANEOUS
a. Compliance with Applicable Law. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Service. HOUR agrees to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with its provision of the Service.
b. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.
c. Export Restrictions
The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit HOUR from providing you with the Service or require that we discontinue making it available to you without notice. By using the Service, you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make the Service available to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
d. Assignment
You may not assign these Terms or any of your rights under these Terms without HOUR’s consent, except to any successor by way of merger, acquisition, or change of control. HOUR may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
e. Headings and Explanations
Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.
f. Severability
If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions, and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
g. Waiver
HOUR’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor shall it affect HOUR’s ability to enforce any provision thereafter.
h. Notices
All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
i. Changes to These Terms
We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
j. Changes to the Service
HOUR may add, change, or remove features or functionality of the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and HOUR discontinues the Service you are using during your subscription, HOUR will migrate or make available to you a substantially similar service provided by HOUR (if available), and if it is unable to do so, HOUR will provide you with a pro-rata refund of fees prepaid for the remaining period of your subscription.
k. Entire Agreement
These Terms and the terms and policies referenced herein constitute the entire agreement between you and HOUR with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and HOUR, whether written or oral, regarding the Service, including previous versions of the Terms. All terms, conditions, or provisions on a purchase order shall be of no force and effect, notwithstanding any acceptance of such purchase order. The English version of these Terms will control.
This PRIVACY POLICY & TERMS is effective as of September 12, 2024.
CONTACT US
If you have any questions or suggestions about this PRIVACY POLICY & TERMS, please do not hesitate to contact us at hourappco@gmail.com.