Terms of Use

These Terms of Use (the "Terms") govern your access to and use of Ascend: Life Tracker (the "App", "Service"), operated by Matthew Larkin ("we", "our", or "us"), available at myascendd.com and as a native application distributed through the Apple App Store. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Service Description

Ascend is a personal performance tracking service that lets you record daily habits, fitness activity, and personal finance entries. The Service calculates a daily score and tier progression based on the data you enter manually. Ascend does not provide medical, financial, or professional advice and is intended for personal motivation and self-tracking only.

2. Eligibility & Accounts

You must be at least 13 years old to use Ascend. You are responsible for keeping your account credentials secure and for all activity that occurs under your account. You agree to provide accurate information when creating an account and to keep it up to date.

We use Clerk for authentication. By creating an account you also agree to Clerk's terms of service for the authentication portion of the Service.

3. Subscriptions & Auto-Renewal

Ascend offers an optional paid subscription, "Ascend Pro", which unlocks additional features (leaderboards, extended insights, unlimited goals, and others described in-app). Subscriptions are offered on a monthly or annual basis.

• Payment is charged to your Apple ID (for iOS purchases) or your payment method on file via Stripe (for web purchases) at the time of confirmation.
• Subscriptions automatically renew at the end of each billing period (one month or one year) unless you cancel at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the listed renewal price.
• You can manage and cancel your subscription at any time. For iOS purchases, go to Settings → [Your Name] → Subscriptions on your device. For web purchases, use the Manage Billing link in your Ascend account settings.
• No refunds are provided for partial subscription periods. Refund requests for Apple App Store purchases must be submitted through Apple at reportaproblem.apple.com.
• If we change subscription pricing, you will be notified before the new price takes effect on your next renewal.

All subscription products, billing periods, and prices are displayed in the App and in the App Store prior to purchase.

4. Free Tier

Ascend offers a free tier with limited features. The free tier does not require payment and does not auto-renew. We may change which features are included in the free tier at any time.

5. Acceptable Use

When using the Service, you agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to reverse engineer, decompile, or otherwise access the source code of the App.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, other users, or our servers.
• Submit false data to manipulate leaderboards, rankings, or scores.
• Harass, threaten, or harm other users via any social feature of the Service.
• Resell, sublicense, or commercially exploit the Service without our written permission.

6. Your Content

You retain ownership of any data and content you enter into the Service (habits, workouts, financial entries, notes, etc.). You grant us a limited license to store, process, and display your content solely for the purpose of providing the Service to you. We do not sell your personal data. For details on how we handle data, see our Privacy Policy.

7. Intellectual Property

The Ascend name, logo, app design, source code, content, and overall service are owned by Matthew Larkin and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial use, in accordance with these Terms.

8. Health & Fitness Disclaimer

Ascend is not a medical device and does not provide medical advice. The scores, recommendations, and insights generated by the Service are for informational and motivational purposes only and are not a substitute for professional medical, mental health, nutrition, or fitness advice. Always consult a qualified professional before starting any new exercise, diet, or financial plan.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASCEND OR ITS OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR USD $50, WHICHEVER IS GREATER.

11. Termination

You may stop using the Service and delete your account at any time from the Settings screen in the App. We may suspend or terminate your access to the Service if you violate these Terms or for any other reason at our discretion. On termination, your right to use the Service ends and we may delete your data in accordance with our Privacy Policy.

12. Apple App Store Terms

If you use the Service through the Apple App Store, the following additional terms apply:

• These Terms are entered into between you and us, not Apple. Apple is not responsible for the Service or its content.
• Apple has no obligation to provide any maintenance or support services for the App.
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App; to the maximum extent permitted by law, Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims you have relating to the App, including product liability, consumer protection, or intellectual property infringement claims.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms in the App and on this page with a new "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict of laws principles. Any dispute arising from these Terms or your use of the Service will be resolved exclusively in the state or federal courts located in New Mexico.

15. Contact

If you have any questions about these Terms, please contact us at:
matthewtlarkin01@gmail.com