Terms of Use
Effective Date: January 8, 2025
Last Updated: January 8, 2025
Welcome to Hourglass Leadership, LLC (“we,” “us,” or “our”). These Terms of Use (the “Terms”) govern your access to and use of our downloadable software application (the “App”) and related services (collectively, the “Services”). By accessing or using the App, you agree to these Terms. If you do not agree to these Terms, you may not use the App.
Acceptance of Terms
By accessing or using the App, you represent and warrant that:
Age Requirements:
If you are 18 years of age or older, you agree to these Terms on your own behalf.
If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf, and they are responsible for your compliance with these Terms.
The App is not intended for children under the age of 13.
Parental or Guardian Responsibility:
If we become aware that we have collected personal information from a child under 13 without verifiable parental consent, we will delete such information promptly. Parents or guardians who believe their child under 13 has provided personal information without consent may contact us at hourglassleadership@gmail.com.
Parents or legal guardians of users under 18 are fully responsible for the supervision and actions of their minor dependents while using the App.
By allowing a minor to use the App, the parent or guardian consents to these Terms and agrees to ensure compliance.
Users Under 13:
The App is not intended for children under the age of 13. If we become aware that we have collected personal information from a child under 13 without verifiable parental consent, we will delete such information promptly. Parents or guardians who believe their child under 13 has provided personal information without consent may contact us at hourglassleadership@gmail.com.
2. License and Ownership
2.1 License Grant
We grant you a non-exclusive, non-transferable, revocable license to use the App for personal or business purposes, subject to these Terms.
2.2 License Restrictions
You agree not to:
Sell, sublicense, distribute, or lease the App to third parties.
Modify, reverse engineer, or decompile the App.
Use the App for any illegal or unauthorized purposes.
2.3 Ownership
All rights, title, and interest in and to the App, including its software, features, and content, are owned by Hourglass Leadership, LLC or its licensors. These Terms do not transfer any intellectual property rights to you.
3. User Accounts
3.1 Account Creation
To use certain features of the App, you must create an account and provide accurate, complete, and up-to-date information.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Notify us immediately of any unauthorized access or suspected breaches.
3.3 Account Termination
We may terminate your account if you violate these Terms, fail to pay subscription fees, or engage in illegal activity.
4. Payments and Subscriptions
4.1 Fees
The App operates on a subscription-based model with a one-time setup fee of $500 and a recurring monthly subscription fee on a per-user basis.
4.2 Payment Processing
Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for recurring fees.
4.3 Refund Policy
All payments are final, and no refunds will be issued under any circumstances.
5. Installation and Updates
5.1 System Requirements
iOS Requirements: Minimum iOS 15; compatible with iPhone; requires App Store access and camera permissions.
Android Requirements: Minimum Android 6.0; works on most Android devices; requires Google Play Store access and camera permissions.
Web App Requirements: Requires an internet connection and an up-to-date browser.
5.2 Updates
Web updates will occur automatically.
Mobile updates will depend on your device’s update settings and may require manual updates from the App Store or Google Play Store.
5.3 Maintenance
The App may experience downtime during scheduled maintenance or unforeseen technical issues. We are not liable for interruptions to availability.
6. Acceptable Use Policy
6.1 Permitted Use
You may use the App only for its intended purposes and in compliance with applicable laws.
6.2 Prohibited Activities
You may not:
Attempt to disrupt the App’s operation, including through hacking, malware, or other unauthorized activities.
Share your account credentials with unauthorized users.
Use the App in a way that infringes upon the intellectual property rights of others.
7. Data Collection and Privacy
Your use of the App is subject to our Privacy Policy, which explains how we collect, use, and protect your data.
8. Third-Party Services
The App integrates with third-party services, including Stripe for payment processing. We are not responsible for the content, terms, or policies of third-party services, which you access at your own risk.
9. Service Availability
9.1 Internet Access
An active internet connection is required for the App to function.
9.2 Discontinuation of Services
If the App or its services are discontinued, we will make reasonable efforts to notify you in advance. Upon discontinuation, all access and functionality will cease.
10. Feedback and Suggestions
Any feedback or suggestions you provide about the App will become our sole property, and we may use them without obligation to you.
11. Disclaimer of Warranties
The App is provided "as is" and "as available," without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
12. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of the App. Our total liability is limited to the amount you paid in the 12 months preceding the claim.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of Texas, without regard to its conflict of laws principles.
13.2 Mediation
Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the App shall be resolved exclusively through mediation. The mediation will take place in Abilene, Texas, or virtually if both parties agree.
Mediation Costs: Each party will bear its own costs and expenses related to the mediation, and the fees of the mediator will be shared equally.
Good Faith Requirement: Both parties agree to participate in mediation in good faith and make reasonable efforts to resolve the dispute amicably.
Non-Binding Nature: The outcome of the mediation is non-binding unless agreed to in writing by both parties.
Right to Seek Remedies: If the dispute is not resolved through mediation within 30 days, either party may pursue other remedies as permitted by law.
14. General Provisions
14.1 No Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.
14.2 Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 Survival
Sections related to ownership, limitation of liability, dispute resolution, and indemnification will survive termination of these Terms.
14.4 Force Majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, governmental actions, or network outages.
15. Contact Information
If you have any questions about these Terms of Use, please contact us:
Email: hourglassleadership@gmail.com
Phone: (530) 615-8188
Mailing Address: 226 Bacacita Farms Road, Abilene, TX 79602
16. Entire Agreement
These Terms of Use, along with our Privacy Policy, constitute the entire agreement between you and Hourglass Leadership, LLC regarding your use of the App, superseding any prior agreements.