By downloading, installing, or using Cultivation Timer (“the App”), you agree to be bound by these Terms of Service (“Terms”). The App is developed and operated by Jason Perry (“we,” “us,” or “our”). If you do not agree to these Terms, do not use the App.
The App is licensed to you under Apple’s standard Licensed Application End User License Agreement (“Apple EULA”), available at apple.com/legal/internet-services/itunes/dev/stdeula, unless a custom license agreement is provided through App Store Connect. These Terms supplement the Apple EULA for matters such as support, acceptable use, subscriptions, privacy, disclaimers, and dispute resolution. If these Terms conflict with Apple’s required terms or App Store rules, Apple’s terms apply to the extent of the conflict.
Cultivation Timer is an iOS application designed for timing and tracking meditation, internal arts, breathwork, and other contemplative practice sessions. The App provides customizable multi-phase timers, exercise and practice set management, session history, and practice statistics.
We may make beta or pre-release versions of the App available, including through Apple’s TestFlight. Beta versions are provided for evaluation and feedback purposes, remain under active development, and may contain errors, may not function as reliably as a final release, and may include features that are changed or removed before release. Data you create in a beta version may be modified, lost, or reset between builds, and you should not rely on it.
Access to a beta version does not entitle you to any paid features, compensation, or continued access to any feature or version of the App. We may modify, suspend, or discontinue beta access at any time. Your use of TestFlight is also governed by Apple’s TestFlight terms and conditions. The disclaimers and limitations in Sections 12 and 13 apply fully to beta versions.
You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction) to use the App. By using the App, you represent that you meet this age requirement.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple devices that you own or control, for your personal, non-commercial purposes.
You agree not to:
The App offers premium features through auto-renewable subscriptions and one-time purchases, processed entirely through the Apple App Store.
Subscription Terms:
Pricing and Payment:
Refunds:
Refund requests are handled by Apple in accordance with their refund policy. To request a refund, visit reportaproblem.apple.com or contact Apple Support.
You retain ownership of all content you create within the App, including exercises, practice sets, practice targets, and session records. We do not claim any rights to your content.
User-created content is stored locally on your device. We do not have access to that content unless you choose to include it in a support email. Your device backups may also include App data, depending on your Apple backup settings.
You are solely responsible for maintaining backups of your data. We are not liable for any loss of data resulting from device failure, App deletion, or any other cause.
Your use of the App is also governed by our Privacy Policy, which describes how the App handles information. By using the App, you acknowledge that you have read and understood the Privacy Policy.
The App, including its design, code, graphics, sounds, user interface, and all associated intellectual property, is owned by Jason Perry and protected by applicable copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our trademarks, trade names, or branding.
If you provide us with any feedback, suggestions, or ideas regarding the App (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, sublicensable, irrevocable, perpetual license to use, modify, and incorporate such Feedback into the App or any other product or service without any obligation to you. You waive any moral rights in such Feedback to the maximum extent permitted by applicable law. Nothing in this section obligates us to implement any Feedback or to compensate you for it.
The App is a timer and practice-tracking tool. It does not provide medical, health, therapeutic, or professional advice of any kind. The App is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before beginning any new exercise, meditation, or wellness practice, particularly if you have any medical conditions.
You use the App and engage in any practices at your own risk. We are not responsible for any physical, mental, or emotional effects that may result from practices you time or track using the App.
The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to 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 free of harmful components, or that any defects will be corrected.
Without limiting the foregoing, we do not warrant the accuracy, reliability, or precision of any timing, notification, or alert functionality in the App. Timer accuracy may be affected by device performance, operating system behavior, background processing limitations, or other factors outside our control.
To the maximum extent permitted by applicable law, in no event shall Jason Perry be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the App, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or related to these Terms or the App, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the amounts you have actually paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US $50.00).
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Jason Perry from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your violation of these Terms; (b) your misuse of the App; or (c) your violation of any applicable law or regulation in connection with your use of the App.
Your use of the App is also subject to the Apple Media Services Terms and Conditions and any other applicable third-party terms. In the event of a conflict between these Terms and Apple’s terms, Apple’s terms shall govern with respect to Apple’s services.
Informal Resolution. Before initiating any formal proceeding, you agree to contact us at cultivationtimer@gmail.com and give us 30 days to attempt to resolve the dispute informally. Most concerns can be resolved this way.
Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved by binding individual arbitration rather than in court, except as described below. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules. Arbitration may be conducted by telephone, video conference, or written submission, and the arbitrator may award any individual relief available under applicable law. Jason Perry shall pay all AAA filing, administration, and arbitrator fees that would exceed the cost of filing the same claim in court.
Class Action Waiver. You and Jason Perry each waive any right to bring or participate in a class action, collective action, or representative proceeding of any kind. Disputes must be brought on an individual basis only.
Small Claims Court. Either party may bring an individual claim in small claims court in the district where the other party resides, provided the claim does not exceed $10,000 (exclusive of costs and interest), without first going through arbitration.
Exceptions. This arbitration agreement does not apply to claims for: (a) intellectual property infringement or misappropriation; or (b) emergency injunctive or other equitable relief to prevent imminent harm.
Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing us at cultivationtimer@gmail.com with the subject line “Arbitration Opt-Out.” Opting out does not affect any other part of these Terms.
Time Limitation on Claims. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or your use of the App must be filed within one (1) year after the cause of action arises, regardless of when you became aware of it. Any claim not brought within this period is permanently barred. This limitation applies to all claims, whether based in contract, tort, statute, or any other legal theory.
Mandatory Consumer Rights. Nothing in this Section or these Terms limits or excludes any non-waivable rights or remedies you may have under the mandatory consumer-protection laws of your jurisdiction. If you are a consumer in a jurisdiction (such as the European Union or United Kingdom) whose laws guarantee you the right to bring proceedings in your local courts, those rights are unaffected by this Section.
You may stop using the App at any time by deleting it from your device and canceling any active subscriptions through your Apple ID account settings.
We may stop providing or supporting the App, or limit future access to updates, if required by law, platform rules, or a material violation of these Terms. Sections 3, 7, 9 through 16, 19, 21, and 23 of these Terms shall survive any termination.
We may modify these Terms at any time by posting the revised Terms on this page with an updated effective date. For material changes - such as modifications to the dispute resolution, limitation of liability, or indemnification provisions - we will provide at least thirty (30) days’ advance notice through the App or this page before the changes take effect. Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should discontinue use of the App before the changes take effect.
These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States, without regard to its conflict of law provisions. Any disputes not subject to arbitration under Section 16 shall be resolved in the state or federal courts located in New Hampshire.
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, operating system updates or changes by third-party platform providers, pandemics, or other force majeure events.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Jason Perry.
You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. Any attempted assignment in violation of this section shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with the Privacy Policy and the Apple EULA, constitute the entire agreement between you and Jason Perry regarding your use of the App and supersede any prior agreements or understandings.
By using the App or contacting us by email, you consent to receiving electronic communications from us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Email us at cultivationtimer@gmail.com and we’ll be happy to help.