Mobile App User Terms & Conditions

Last Updated January 2021

Welcome to the End User Terms and Conditions (the “Terms”) which governs your use of the mobile application and/or mobile website (collectively, the “App”, including its supplementary services) created and customized by the business owner individual, vendor, company or organization indicated on the App’s interface (“Sckeem, LLC”). The App was customized and branded for your use by Sckeem, LLC, and is powered by Sckeem, LLC and/or its subsidiaries (collectively, the “Company“, “Sckeem”, “we“, “us” or “our”).

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING THE APP TO YOUR MOBILE PHONE DEVICE, USING OR ACCESSING IT, IN ANY WAY, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR TO ANY PART THEREOF, YOU MAY NOT USE THE APP. BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE USE OF: (A) ELECTRONIC MEANS TO COMPLETE AND CONSENT TO THESE TERMS AND CONDITIONS AND TO BE PROVIDED WITH ANY NOTICES GIVEN PURSUANT TO THESE TERMS; AND (B) ELECTRONIC RECORDS TO STORE INFORMATION RELATED TO THESE TERMS AND CONDITIONS AND YOUR USE OF THE APP.

About the App: This app is for budgeting purposes.

License: Subject to these Terms and Conditions, we hereby grant you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install and use the App on a single device (whether mobile device or other) owned or controlled by you, solely for your private and personal and non-commercial use.

You may not use this App if you are younger than the legal age of the majority in your local jurisdiction. Please note that the App is not directed to children under the age of 13 and is recommended for use by adults 18 and up.

Acceptable Use of the App: You acknowledge and agree that you are solely responsible for all acts or omissions associated with your access and use of the App and the access and use of the App by anyone on your behalf. When using the App, you shall refrain from willfully, or negligently –
Modifying, copying, making available publicly, making derivative works of, disassembling, decompiling, or reverse-engineering the App;

Breaching these Terms and Conditions or any other applicable guidelines related to the App;
Interfering with, damaging, or impairing the functionality of the App or any third party’s use of the App;

Circumventing or manipulating the operation or functionality of the App or attempting to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented in the App.
Breaching the security of the App or identifying any security vulnerabilities in it;
Using or attempting to use robots, crawlers, and similar applications or methods to collect, scrape or compile content from the App;

Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition, and false advertising.

Some of the App features may require you to open an account and provide login details (username, password or equivalent). You hereby represent that you will keep your login details confidential and not share them with or transfer them to any third party. The Company shall not be liable for any unauthorized access to your account or misuse of any benefits associated with your account, where these result from your failure to keep your login details confidential. You agree to notify the Company immediately in regard to any unauthorized access or use of your account. The company shall not be liable for any loss or damage arising from unauthorized access to or usage of your account or from your failure to comply with the above requirements. You agree that the information you provide on your account will be true, accurate, current, and complete.
You may not access or use the App in order to develop or create a similar or competitive product or service.

We may temporarily or permanently prohibit you from using the App and take measures to keep you off the App, if we determine that you have abused your rights to use the App, breached these Terms and Conditions, or performed any act which is harmful or likely to be harmful to the Company, or any other third party.
Payment Processors
In order to purchase the No Ads Plan through the App, you will be requested to provide your credit card details and personal information which are required for processing the payment for the Product(s) (“Credit Card Details”).

The Credit Card Details are submitted by you on a webpage (embedded in the App) of a payment processor, which is a PCI DSS (Payment Card Industry Data Security Standard) compliant (the “Payment Processor”). The Payment Processor will process your payment(s) to the company.
E-Commerce, Third Party Elements, and Conduct
In addition to or in lieu of usage of Payment Processor services, the Company may customize the App and/or assist others to customize the App for it, by adding various sorts of content, materials, data, links, images, promotions, services and other components (collectively “Third Party Elements”), which are all under the sole and exclusive responsibility of the company and the other third parties. We do not own, have control of, or take any responsibility for Third-Party Elements.

WE ARE NOT RESPONSIBLE FOR AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY, APPROPRIATENESS, OR LEGALITY OF ANY THIRD-PARTY ELEMENTS, PRODUCT DESCRIPTIONS, PRODUCT PRICES, OR E-COMMERCE OFFERINGS, DEALINGS, SERVICES TRANSACTIONS, AND INTERACTIONS.

Third-Party Elements and E-commerce Providers have their own governing terms and conditions, terms of purchase, and privacy policies that govern your access to and use of their content, services, and offerings. We urge you to review them prior to using them. In particular, you acknowledge and agree that:

Your use of any Apple or Google pay services is subject to and governed by their terms & privacy policy.

You acknowledge that Third-Party Elements, as well as Product and e-commerce offerings, may be modified or removed at any time.

The App may include promotions, advertisements, and commercial or non-commercial information (the “Ads“). By clicking the Ads you may be transferred to an advertiser’s website or location or receive any other messages, information, or offers from the advertiser and from others. We are not responsible for any of the advertisers’ practices including their privacy practices, or for the content of their websites, information, messages, or offers.

Privacy: We respect your privacy. Our privacy policy explains the privacy practices on the App. Our User Privacy Policy is incorporated by reference to these Terms. You must not use the App us unless you accept the terms of our End User Privacy Policy.

Intellectual Property: All rights, title, and interest in and to the App, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by or licensed to the Company.
Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, execute or make available publicly, adapt, commercially use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of the App or any of the content thereon or thereof, either by yourself or by a third party on your behalf, in any way or by any means.

You may not adapt or use otherwise any name, mark, or logo that is identical, or confusingly similar to our or any Brand Owner’s trademarks, services marks, and logos. You must refrain from any action or omission which may dilute, or tarnish our or any Brand Owner’s goodwill.

Location-Based Services: You may be provided offers and/or promotions based on your location as collected by us (“Location-Based Services”). Location-Based Services may apply whenever your geo-location is made available to us by your mobile phone operating system.

Changes in the App: You grant the Company your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements, and any other form of code or settings changes in or to the App, which, among others, may:

Automatically and without additional notice, restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or

Change the App’s layout, design, or display.

We may also, at any time and without prior notice, change the scope or availability of the App’s related content or services, add or remove features and change the functionality and/or name of features.

Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
App Availability
The availability and functionality of the App depend on various factors, including software, hardware, and communication networks that are provided by third parties. These factors are not fault-free. THE COMPANY DOES NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS, OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES, OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.

Changes to the Terms: From time to time, we may change these Terms. Changes will take effect within 7 days as of publishing through the App. Your continued use of the App after the amended Terms have been entered into effect will constitute your acceptance of the amended Terms. In case of a legal requirement, we may also introduce immediate changes to these Terms and require that you affirmatively accept them, in which case you will not be able to continue using the App if you do not accept the amended Terms. In any event, the most updated version of these Terms will always be accessible through the App’s settings menu.

DISCLAIMER OF WARRANTY: THE APP IS PROVIDED FOR YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND THIRD-PARTY ELEMENTS, INCLUDING ANY WARRANTIES OF BRAND OWNER-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, OR ACCURACY. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP AND ALL THIRD-PARTY ELEMENTS IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY: THE COMPANY, INCLUDING THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (THE “INVOLVED PERSONS”) SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE APP OR THIRD PARTY ELEMENTS, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE APP OR THIRD PARTY ELEMENTS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT OR THIRD PARTY ELEMENTS AVAILABLE ON OR THROUGH THE APP, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE APP – WHETHER OR NOT THE INVOLVED PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE APP.

Indemnification: To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, the Involved Persons and anyone acting their behalf, at your own expense and immediately after receiving written notice thereof, from and against any damages, loss, costs, and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with your use of the App, your breach of the Terms, any other terms, rules or regulations applicable to the App, or your violation, or infringement of other personal rights.
The term, Termination, and Survival: The Company may at any time, at their sole discretion, terminate or suspend the operation of the App, its services, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice a reasonable time beforehand. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination or suspension of the App’s operations, services or features.

You may terminate these Terms at any time, by uninstalling the App from all devices in your possession or control. We may terminate these Terms and your license to use the App, at any time by issuing you notice of such termination or in any other manner contemplated by these Terms. Upon termination by the Company, you must discontinue any use of the App and uninstall the App from all devices in your possession or control.

Subject to any applicable law, upon the termination of the App’s operation or any service or feature provided by the App, any benefits or rights to benefits which you have earned during the usage of the App may expire immediately, subject to the sole discretion of the Company.

The following sections shall survive the termination or expiration of the Terms: Third-Party Elements, Privacy, Intellectual Property, Receipt of Messages, User Contributed Content, Requests to Remove Content, Disclaimer of Warranty, Limitation of Liability, Indemnification, this section (Term, Termination, and Survival) and Governing Law & Jurisdiction.

Application Marketplace: Your use of the App may be subject to additional third-party terms and conditions that govern that application marketplace or app store from which you downloaded the App. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.

The following terms apply if you downloaded the App from Apple’s App Store. You and the Company agree and acknowledge as follows:

These Terms are concluded between yourself and the Company, and not with Apple Inc. (“Apple“). Apple is not responsible for the App. With respect to any donation feature in the App (if the App includes such feature), you acknowledge and agree that Apple is not the fundraiser.

In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.

The license granted to you for the App is limited to a non-transferable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claiming that the App or your possession and use of the App infringe that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.

You must comply with applicable third-party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon Your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law, Jurisdiction: Any and all disputes, whether of fact or law, of any nature whatsoever, arising from or respecting this Agreement, shall on the written request of either client or Sckeem, LLC served on the other, be settled by arbitration before the Judicial Arbitration and Mediation Service, Inc. located in Dallas County, Texas, pursuant to the Texas Rules of arbitration and discovery under the Texas Code of Civil Procedure. The arbitration will take place in Dallas County, Texas, or any other place mutually agreed upon by Sckeem, LLC, and the client. At the request of Sckeem, LLC or client, arbitration proceedings will be conducted in secrecy; in such case all documents, testimony, and records shall be received, heard, and maintained by the arbitrator in secrecy under seal, available for inspection only by the client or by Sckeem, LLC and their respective attorneys and respective experts who shall agree, in advance and in writing, to receive all such information confidentially and to maintain such information in secret until such information shall become generally known, if ever. The arbitrator shall be able to decree any and all relief of any equitable nature, including but not limited to a temporary restraining order, a temporary and/or permanent injunction, and shall also be able to award damages, with or without an accounting and costs.

General: These Terms and Conditions constitute the entire agreement between you and the Company concerning the subject matter herein and may only be modified by a written amendment duly executed by the Company. No waiver or alteration from the Terms by the Company will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Legal Disclaimer
The services provided within this mobile application are not intended to provide legal, tax, or investment/retirement planning advice or intended to serve as tax preparation services. All information used on this mobile application is for educational purposes only.
Contact Us: At any time, you may contact us with any question, claim, or complaint that you may have with respect to the App, at:

Sckeem, LLC
info@sckeem.com
sckeemapp@gmail.com