These Terms of Use ("Terms") form a binding agreement between you ("you," "your," or "User") and AGM Apps ("we," "our," or "us") regarding your use of the Weekmarks mobile app for Android (the "App").
By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not install or use the App.
These Terms are entered into between you and AGM Apps. Google LLC is not a party to these Terms and is not responsible for the App or its content, except as described in Section 14 (Google Play Terms).
Weekmarks is a local-first lifestyle and reflection app that draws your life as a map of weeks and lets you leave private marks on the weeks that matter. Features include:
The App is intended solely for personal reflection and entertainment. It does not provide professional, financial, medical, actuarial, or other advice.
PLEASE READ THIS SECTION. Weekmarks performs arithmetic on two numbers you supply: a date of birth and a life horizon you pick yourself. It is a way of picturing time. It is NOT a life-expectancy prediction, a medical or actuarial estimate, or a health assessment of any kind, and nothing in it is advice.
AGM Apps is not a physician, actuary, insurer, financial adviser, or counselor, and is not licensed as any of these. The App's "horizon" is a user-adjustable population average used purely as a lens for reflection. It is an estimate for perspective — never a prediction of your lifespan, and never medical, health, or actuarial advice. The number of weeks it shows you is not a forecast of how long you or anyone else will live. Do not use it to make decisions about your health, your insurance, your finances, or your affairs.
Where you record a loved one or a child on a Perspective card, any horizon shown for that person is a number you assigned to them, not an estimate we made. Do not present it to anyone as a prediction about their life.
Weekmarks is meant to make time feel real enough to use well. For some people, seeing it laid out that way is uncomfortable rather than motivating. If using the App causes you distress, please stop using it and delete it. If you are struggling, talk to someone you trust or a qualified professional. In the United States you can call or text 988 for the Suicide & Crisis Lifeline; elsewhere, findahelpline.com lists local services. The App is not a crisis service, is not monitored, and cannot detect or respond to distress.
The App is intended for users aged 13 and older. If you are under the age of majority in your jurisdiction, you may use the App only with the involvement of a parent or legal guardian who agrees to be bound by these Terms. By using the App, you represent that you have the legal capacity to enter into this agreement, or that a parent or guardian has done so on your behalf.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on any Android device that you own or control, solely for your personal, non-commercial use, as permitted by the Google Play Terms of Service.
This license does not include any right to resell or commercially use the App, distribute it, or use it on behalf of any third party.
You agree that you will not, and will not permit any third party to:
Everything you enter stays on your device. We do not receive it, store it, or claim any rights in it. Deleting, resetting, or clearing the App removes the local store, and we cannot recover it for you.
Photos. Where you bookmark a photo, the App stores only a reference (typically a content URI) and asks the provider to display it. Originals remain in your photo library, Files, Google Drive, or other provider. You are responsible for having the right to use any photo you bookmark.
Export / import. If you export metadata, you choose where the file is saved or shared. Export files contain photo identifiers, not the pictures themselves, and restored links may need to be reconnected. Treat export files as private.
Other people's information. When you record a name and date of birth for someone else, you represent that you have the right to record it. Please record only what you need, and be especially careful with a child's details. If you share a card that includes someone else's information, it travels with the image to whoever you send it.
This version of the App is free to download and use. It is supported by advertising served through Google AdMob (banner, interstitial, and optional rewarded formats) and contains no in-app purchases. How advertising data is handled is described in our Privacy Policy.
We may adjust or remove advertising, or introduce optional in-app purchases, in a future version. If we do, we will update these Terms and our Privacy Policy before that version is released, and any paid features would be processed by Google through Google Play and governed by Google Play's terms.
If you enable the weekly check-in, it is scheduled on your device for the weekday and time you choose. On Android, delivery may arrive a little later than the exact time to protect battery life. The home-screen widget shows a small on-device summary only. Do not rely on the App for any reminder that matters.
The App, including its source code, design, graphics, text, logos, and branding, is owned by AGM Apps and is protected by United States and international copyright, trademark, and other intellectual property laws.
Except for the limited license granted in Section 5, no rights are granted to you in or to the App, our trademarks, or any related content. All rights not expressly granted are reserved.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, 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, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY FIGURE, PHOTO BOOKMARK, EXPORT, OR ESTIMATE IT DISPLAYS IS ACCURATE. YOU USE THE APP AT YOUR OWN DISCRETION AND RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGM APPS, ITS OWNERS, OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP, OR (B) US $20.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless AGM Apps and its owners from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party right or applicable law; or (d) your recording, use, export, or sharing of information about any other person through the App. This Section does not apply to consumers resident in the European Economic Area or the United Kingdom.
This section applies because the App is downloaded from Google Play.
These Terms are between you and AGM Apps, not Google. Google is not responsible for the App or its content, and has no obligation to furnish any maintenance or support services for it.
Your download and use of the App must also comply with the Google Play Terms of Service. If these Terms conflict with the Google Play Terms of Service with respect to your use of Google Play, the Google Play Terms of Service control.
The App is currently free. If paid features are ever offered, purchases would be processed by Google Play and subject to Google Play's refund policy; AGM Apps cannot directly issue refunds for Google Play transactions.
AGM Apps, not Google, is responsible for addressing any claims relating to the App, including product liability, regulatory compliance, and consumer-protection claims.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND AGM APPS TO RESOLVE MOST DISPUTES BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT CONTAINS A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AT NO COST — SEE SECTION 15.7.
These Terms, and any dispute arising out of or relating to them or to the App, are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Sections 15.3 through 15.7 are governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, nothing in this Section deprives you of the protection of the mandatory consumer-protection provisions of the law of the country where you habitually reside, and you may bring proceedings in the courts of that country. Sections 15.3 and 15.4 do not apply to you.
Before starting arbitration or any other formal proceeding, you and AGM Apps agree to try in good faith to resolve the dispute informally for at least sixty (60) days. To begin, send an individually signed Notice of Dispute to [email protected] with the subject line "Notice of Dispute," containing: (a) your full name and mailing address; (b) the email address or store account you use with the App and roughly when you started using it; (c) a specific description of what happened and why you believe you have a claim; and (d) the specific relief you want, including any amount. A Notice submitted on behalf of multiple users, or missing any of these elements, does not satisfy this Section and does not start the sixty-day clock. AGM Apps will send you an equivalent notice before starting any claim against you. Completing this process is a condition precedent to starting arbitration. All applicable limitation periods are paused while it is under way.
If a dispute is not resolved under Section 15.2, you and AGM Apps agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App — including claims that arose before you accepted these Terms, and claims arising after these Terms end — will be resolved exclusively by final and binding individual arbitration, and not in court, except as provided in Sections 15.5 and 15.7.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration begins — available at adr.org or 1-800-778-7879. A single arbitrator will preside. If your claim is for US $25,000 or less, it will be decided on the documents alone unless the arbitrator decides a hearing is needed; any hearing may be held by telephone or video, and any in-person hearing will take place where you live. The arbitrator may award any individual relief a court could award, but only in favor of the individual party seeking it. The award is final and binding, and judgment may be entered on it in any court of competent jurisdiction. Because the App is free, if AAA's rules require you to pay a filing fee, AGM Apps will reimburse it on your written request for any claim seeking US $10,000 or less, unless the arbitrator finds the claim was frivolous or brought for an improper purpose. Each party pays its own attorneys' fees and costs unless a statute or the award provides otherwise.
Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement — except that only a court, and not an arbitrator, may decide any dispute about the enforceability, validity, or scope of the Class Action Waiver in Section 15.4.
Coordinated filings. If twenty-five (25) or more Notices of Dispute or arbitration demands raising substantially similar claims are submitted against AGM Apps within any ninety (90) day period by or with the help of coordinated counsel, those claims will be administered under AAA's Mass Arbitration Supplementary Rules and resolved in sequential batches of no more than fifty (50) claimants, with one arbitrator and one set of fees per batch. All limitation periods stay paused for claims awaiting a batch.
YOU AND AGM APPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND AGM APPS EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY. This waiver applies whether or not you opt out of arbitration under Section 15.7.
Blow-up provision. If a court or arbitrator decides that any part of this Section 15.4 is unenforceable as to a particular claim or request for relief, that claim or request will be severed, brought in court, and stayed pending arbitration of everything else. However, if the first paragraph of this Section 15.4 is held unenforceable as to all of your claims, then Sections 15.3 and 15.4 are null and void in their entirety as to those claims, and the dispute will be resolved in court under Section 15.5. Under no circumstances do the parties consent to class, collective, consolidated, or representative arbitration. This paragraph controls over the general severability provision elsewhere in these Terms.
Despite the above: (a) either party may bring an individual claim in a small-claims court that has jurisdiction, so long as it stays an individual claim there; (b) either party may seek injunctive or other equitable relief in court to stop actual or threatened infringement or misappropriation of intellectual property, or unauthorized access to our systems; and (c) either party may bring an action to compel arbitration or to enforce an award.
For any claim not subject to arbitration, and for all claims if Sections 15.3 and 15.4 are held unenforceable or you opt out under Section 15.7, you and AGM Apps consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Florida, United States, and each party waives any objection to that venue, including on grounds of forum non conveniens — except where mandatory consumer-protection law entitles you to bring proceedings where you live.
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the App must be started within one (1) year after the claim accrues, or it is permanently barred. This does not apply where the law of your jurisdiction prohibits shortening the limitation period.
You can decline arbitration and keep your right to go to court. Email [email protected] with the subject line "Arbitration Opt-Out" within thirty (30) days after you first accept these Terms — or, if you were already using the App before the Last Updated date shown at the top of this page, within thirty (30) days after that date. Include your full name, the email address or store account you use with the App, and a clear statement that you are opting out. Opting out is free, takes effect when we receive it, applies only to you, and will not affect your access to the App or any feature whatsoever. If you opt out, Section 15.3 and the class action waiver in the first paragraph of Section 15.4 do not apply to you; the jury trial waiver in Section 15.4 and Sections 15.1, 15.5, and 15.6 continue to apply.
You may stop using the App at any time by deleting it from your device. We may suspend or terminate your access to the App or any of its features at any time, with or without notice, if we believe you have violated these Terms or if continued operation would expose us to legal or security risk.
Upon termination, Sections 6, 7, 10 through 15, 18, and 19 survive.
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date above and, where appropriate, notify you within the App. Continued use of the App after changes take effect constitutes your acceptance of the updated Terms. If you do not agree, delete the App before the effective date.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. The blow-up provision in Section 15.4 controls over this Section with respect to the class action waiver. These Terms, together with our Privacy Policy, constitute the entire agreement between you and AGM Apps regarding the App.
We are committed to making the App usable by as many people as possible, including people with disabilities. The App is designed to work with the accessibility features built into Android, such as TalkBack (screen reader), system font scaling, and dark mode, and we work toward substantial conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as they apply to mobile applications.
Accessibility is an ongoing effort, and some content may not yet be fully accessible. If you have a disability and encounter a barrier that prevents you from using any part of the App — or if you need these Terms, our Privacy Policy, or any other content in an alternative format — please email us at [email protected] with the subject line "Accessibility". We will make reasonable, good-faith efforts to remove the barrier or provide the content in a suitable format within a reasonable time.
Questions about these Terms? Contact us:
[email protected]Developer: AGM Apps · agmapps.net