These Terms of Service (“Terms”) govern Your access to and use of any mobile, web, tablet, or desktop application published, operated, or made available by Markhor Solutions, doing business as MarkhorSol (“Company”, “We”, “Us”, or “Our”), now or in the future (each, an “Application”, collectively the “Applications”), together with the Company’s website at markhorsol.com (together with the Applications, the “Service”).
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING ANY APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
1. Definitions
- “Application(s)” means any current or future software product published by the Company, including but not limited to productivity, lifestyle, wellness, and utility tools, whether distributed via the Apple App Store, Google Play, or the web.
- “Content” means any text, images, audio, voice recordings, journal entries, or other material You submit to, or that is generated within, an Application.
- “Subscription” means a recurring, auto-renewing purchase that grants access to premium features of an Application.
- “You” / “User” means the individual or entity using the Service.
2. About the Applications
The Company publishes and operates a portfolio of independent productivity, lifestyle, wellness, and utility Applications. The Applications are tools for personal use — they are not social networks, and are not designed for public content-sharing, messaging between strangers, or user-to-user communication. Each Application may have its own specific features, but all Applications are governed by these Terms unless a specific Application provides a separate supplemental agreement, in which case that agreement controls for that Application to the extent of any conflict.
3. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in Your country, if higher) to use the Service. By using the Service, You represent that You meet this requirement, or that You are using the Service with the consent of a parent or legal guardian where required. The Service is not directed at children under 13, and We do not knowingly collect personal information from children under 13. See our Privacy Policy for details.
4. Accounts
Some Applications may require an account. You are responsible for maintaining the confidentiality of Your login credentials and for all activity under Your account. You agree to provide accurate information and to notify Us promptly of any unauthorized use.
5. Subscriptions, In-App Purchases, and Billing
Certain Applications offer free features alongside optional paid Subscriptions or one-time in-app purchases (“IAPs”). Unless otherwise stated at the point of purchase:
- Subscriptions automatically renew for the same duration and at the then-current price, unless canceled at least 24 hours before the end of the current period.
- Payment is charged to Your Apple ID or Google Play account at confirmation of purchase and at the start of each renewal period.
- You can manage or cancel a Subscription at any time via Your Apple ID account settings (App Store > Your Name > Subscriptions) or Google Play account settings (Google Play > Menu > Subscriptions). Canceling stops future renewals but does not refund the current period.
- Free trials, where offered, convert automatically into a paid Subscription unless canceled before the trial ends.
- All purchases are billed and processed exclusively by Apple or Google. We do not process payments directly, do not store full payment card data, and refund requests must be submitted to Apple or Google, subject to their respective refund policies. We are not able to issue refunds directly.
- Prices may vary by region and are subject to change; We will provide notice of price changes to active subscribers as required by the applicable platform and law before any new price takes effect.
6. Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose; (b) reverse-engineer, decompile, or attempt to extract source code from any Application, except where permitted by law; (c) interfere with or disrupt the integrity or performance of the Service; (d) attempt to gain unauthorized access to the Service or its related systems; (e) use the Service to submit content that is unlawful, infringing, or that violates the rights of others; or (f) use automated means to access the Service without Our prior written consent.
7. Your Content
You retain ownership of the Content You create or submit within an Application. By submitting Content, You grant the Company a limited, non-exclusive, worldwide license to host, store, process, and transmit that Content solely as necessary to operate, maintain, and provide the Service to You — including sending relevant Content to third-party providers described in Section 8 where a feature requires it. This license ends when You delete the Content or Your account, except where retention is required for backups, legal compliance, or as described in Our Privacy Policy.
You are solely responsible for Your Content and represent that You have the necessary rights to submit it and that it does not violate any law or third-party right.
8. AI Features and Third-Party Services
Certain Applications include features powered by third-party artificial intelligence and large language model (“LLM”) providers, including Google (Gemini API), OpenAI, and Anthropic (Claude API), as well as other infrastructure providers such as Firebase and analytics providers such as Mixpanel (collectively, “Third-Party Providers”).
- When You use an AI-powered feature, relevant Content You submit may be transmitted to a Third-Party Provider to generate a response. This applies regardless of whether We use a free or paid API tier.
- AI-generated output may be inaccurate, incomplete, biased, or otherwise unsuitable for Your purposes. AI output is not professional, medical, financial, legal, or religious advice, and You should independently verify any output before relying on it.
- We do not control, and are not responsible for, the availability, accuracy, security, or data-handling practices of any Third-Party Provider. Data sent to a Third-Party Provider is governed by that provider’s own terms and privacy policy, and We generally cannot compel a Third-Party Provider to delete or return data once transmitted.
- To the maximum extent permitted by law, the Company disclaims all liability arising from Your use of, or reliance on, AI-generated output, and from any act, omission, outage, or data incident attributable to a Third-Party Provider.
Full detail on data sharing with these providers is set out in our Privacy Policy, which forms part of these Terms.
9. Intellectual Property
The Service, including all software, design, text, graphics, and trademarks (excluding Your Content), is owned by the Company or its licensors and is protected by intellectual property laws. Except for the limited right to use the Applications as intended, no rights are granted to You by implication or otherwise.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY OUTPUT, INCLUDING AI-GENERATED OUTPUT, OBTAINED THROUGH THE SERVICE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING ANY DAMAGES ARISING FROM THIRD-PARTY PROVIDERS (INCLUDING AI SERVICE PROVIDERS, HOSTING PROVIDERS, AND ANALYTICS PROVIDERS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).
Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties, and nothing in these Terms limits any liability that cannot be excluded or limited under applicable law (including, where applicable, statutory obligations relating to data breach notification).
12. Indemnification
You agree to indemnify and hold the Company harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from Your violation of these Terms, Your Content, or Your misuse of the Service.
13. Termination
We may suspend or terminate Your access to the Service at any time, with or without cause, including for violation of these Terms. You may stop using the Service and delete Your account at any time. Sections that by their nature should survive termination (including Sections 8–13) will survive.
14. Apple App Store Terms
If You download an Application from the Apple App Store, the following additional terms apply and take precedence over any conflicting term in these Terms as between You and Apple:
- This agreement is between You and the Company only, not Apple, Inc. (“Apple”). Apple has no obligation to furnish any maintenance or support for the Application.
- In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the Application.
- Apple is not responsible for addressing any claims by You or a third party relating to the Application, including product liability claims, claims that the Application fails to conform to legal or regulatory requirements, or claims arising under consumer protection law.
- Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Application infringes intellectual property rights.
- You represent that You are not located in a country subject to a U.S. government embargo and are not on any U.S. government restricted-party list.
- Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon Your acceptance, Apple has the right to enforce these Terms against You as a third-party beneficiary.
15. Google Play Terms
If You download an Application from Google Play, You acknowledge that these Terms are between You and the Company only, not Google LLC. Google is not responsible for the Application or its content, and Your use must also comply with Google Play’s applicable terms of service.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware, and You consent to the personal jurisdiction of such courts, except where applicable consumer-protection law in Your jurisdiction requires otherwise.
17. Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms on this page and update the “Last updated” date. Material changes will be notified via the Application or email where required. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
18. Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of that provision. You may not assign these Terms without Our written consent; We may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, constitute the entire agreement between You and the Company regarding the Service.
Contact Us
Questions about these Terms can be sent to:
- By visiting: https://markhorsol.com/#contact