Kickstart Crew LLC ("Company," "We," or "Us") provides the PerDiem mobile application (the "App") and related services (collectively, the "Service"). By downloading, installing, or using the Service, you agree to be bound by these Terms of Service (the "Terms"). If you do not agree, you must uninstall the App immediately.

PLEASE NOTE: These Terms include a binding arbitration clause and class action waiver in Section 13. Please read it carefully.

1. Eligibility

You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction. You further represent that you are not barred from using the Service under any applicable law.

2. License Grant

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, for your personal or internal business use.

Restrictions. You shall not:

Reverse engineer, decompile, or attempt to extract the source code of the App;
Rent, lease, lend, sell, or sublicense the App;
Use the App for any illegal purpose;
Remove, alter, or obscure any proprietary notices in the App.

3. Local Data Storage

The App stores all user data (expenses, budgets, categories, notes) locally on your device. The Company does not operate servers that receive or store your financial data.

Data Loss: Because we do not store your data, we cannot recover it if lost. You are solely responsible for backing up your device. We are not liable for any loss of data resulting from device loss, damage, deletion of the App, or operating system errors.
Privacy Policy: Your use of the Service is also subject to our Privacy Policy.

4. Fees and In-App Purchases

The App is free to download and use with advertisements. The App offers a one-time in-app purchase to remove advertisements permanently. By making a purchase, you agree to pay all applicable fees as displayed on the Apple App Store or Google Play Store.

Refunds: All purchases are processed by Apple or Google. Refund requests must be directed to the respective app store.
Price Changes: The Company reserves the right to change pricing at any time. Changes will not affect prior completed purchases.

5. Advertisements

The free version of the App displays advertisements provided by third-party ad networks (Google AdMob). By using the free version, you consent to the display of advertisements. You may remove ads by purchasing the "Remove Ads" in-app purchase.

6. No Financial Advice

The App is a budgeting tool for informational and tracking purposes only. It does not constitute financial, tax, investment, or professional advice. Budget projections, averages, and calculations are estimates based on the data you enter. You should not rely solely on the App for financial decision-making. The Company is not responsible for any financial decisions you make based on information displayed in the App.

7. User Conduct

You agree not to:

Use the Service for any illegal or unauthorized purpose;
Attempt to interfere with or disrupt the Service;
Transmit any software viruses or malware through the Service;
Violate any intellectual property rights of any party.

8. Modifications and Updates

The Company may provide updates, patches, or new features at its discretion. You agree that the Company has no obligation to provide any updates or to continue to provide any particular features or functionality. The Company may also modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the modified Terms.

9. iOS Mobile Apps (Apple Required Terms)

If you downloaded the App from the Apple Inc. ("Apple") App Store:

These Terms are between you and Kickstart Crew LLC only, not Apple. Apple is not responsible for the App or its content.
Apple has no obligation to furnish any maintenance or support services with respect to the App.
In the event of any failure of the App 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.
Kickstart Crew LLC, not Apple, is responsible for addressing any claims relating to the App.
Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.

10. Term and Termination

These Terms are effective until terminated. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you shall cease all use of the App and delete all copies from your devices.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT BUDGET CALCULATIONS WILL BE ACCURATE OR THAT THE SERVICE WILL BE ERROR-FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KICKSTART CREW LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, USE, OR PROFITS. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE APP IN THE SIX MONTHS PRECEDING THE CLAIM.

13. Binding Arbitration and Class Action Waiver

ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT.

Arbitration: The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Austin, Texas, or another location reasonably convenient to both parties.
Class Action Waiver: YOU AND THE COMPANY AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED ON A CLASS BASIS.
Opt-Out: If the Company implements any material change to this section, you may reject the change by sending written notice within 30 days.

14. Indemnification

You agree to indemnify, defend, and hold Kickstart Crew LLC and its officers, directors, employees, and agents harmless from and against any claim, demand, loss, damage, cost, liability, and expense (including reasonable attorneys' fees) arising from or relating to: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any third-party right.

15. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles.

16. Export Control

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Contact Information

If you have any questions about these Terms, please contact us:

Email: rob@kickstartcrew.com
Company: Kickstart Crew LLC