These Terms of Use ("Terms") are a legal agreement between you and AGM Apps ("we," "our," or "us") governing your use of the Weekmarks application for iPhone and iPad (the "App"). By downloading, installing, or using the App, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the App and delete it.
Weekmarks is a local-first life calendar and memory bookmarker. Features include:
The App runs on your device, is free to use, and is supported by advertising. 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 knows nothing about your health, your family history, your circumstances, or your future, because it never asks and never receives any of it. The number of weeks it shows you is not a forecast of how long you or anyone else will live. Nothing in the App is medical, health, insurance, financial, legal, or professional advice. Do not use it to make decisions about your health, your insurance, your finances, or your affairs. Consult a qualified professional for those.
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.
You must be at least 13 years old to use the App. If you are between 13 and the age of majority where you live, you may use it only with the involvement of a parent or legal guardian who accepts these Terms on your behalf and is responsible for your use of it. The App is intended for adults, is not directed to children, and is not offered in the Apple Kids Category. By using it you represent that you meet these requirements and have the capacity to enter into this agreement.
Subject to these Terms, AGM Apps grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms. This is a license, not a sale; we retain all rights not expressly granted.
Everything you enter — your birth date, your horizon, your Weekmarks, captions, tags, people, milestones, Perspective cards, and preferences — belongs to you and stays on your device. We do not receive it, store it, or claim any rights in it.
Because it lives only on your device, you are responsible for backing it up if you want a copy. Deleting or resetting the App deletes the local store, and we cannot recover it for you.
Photos. Where you bookmark a photo to a week, the App stores only a reference to it and asks Photos to display it. The picture itself remains in your Photos library and is never copied into the App, never uploaded, and never seen by us. 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.
A responsibility that is genuinely yours. When you record a name and a date of birth for a parent, a partner, a friend, or a child, you are recording personal information about a real person who is not using the App. You represent that you have the right to record it and that doing so does not violate their privacy or any law that applies where you live. Please record only what you need — a first name or an initial is enough — 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, and that is your decision and your responsibility, not ours.
The App is free and supported by advertising served through Google AdMob, which may include banner, full-screen, and rewarded formats. Where a rewarded ad is offered (for example, to unlock a theme), watching it is always optional. There are no in-app purchases in this version. We do not control which specific ads are shown and do not endorse any advertiser, product, or service that appears; any dealing you have with an advertiser is between you and them. What data advertising involves, and how to limit it, is set out in our Privacy Policy.
If you enable reminders, they are scheduled and delivered by iOS on your device. Delivery depends on iOS, your notification settings, your battery and Focus settings, and whether the device is on. The home-screen widget shows a small on-device summary only. Do not rely on the App for any reminder that matters — it is not a guaranteed delivery service, and we are not responsible for a notification that arrives late or not at all.
We may change, suspend, or discontinue the App or any of its features at any time, and we are under no obligation to provide updates, bug fixes, or continued support. The App is offered free of charge, and nothing in these Terms obliges us to keep it available.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGM APPS DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FIGURE, DATE, GRID, PHOTO BOOKMARK, EXPORT, OR PROJECTION IT DISPLAYS IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGM APPS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR TWENTY U.S. DOLLARS (US $20). THIS LIMIT APPLIES IN THE AGGREGATE TO ALL CLAIMS, AND MULTIPLE CLAIMS DO NOT ENLARGE IT. THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND REFLECT AN AGREED ALLOCATION OF RISK THAT FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER RESIDENT IN THE EEA OR THE UNITED KINGDOM, THIS SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY THE MANDATORY CONSUMER LAW OF YOUR COUNTRY.
You agree to indemnify and hold harmless AGM Apps from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your misuse of the App, your violation of these Terms, your violation of any law, or your recording, use, export, or sharing of information about any other person through the App. We may, at our own expense, assume the exclusive defense and control of any such matter, in which case you will cooperate with us; you will not settle any matter that imposes an obligation or admission on AGM Apps without our written consent. This Section does not apply to consumers resident in the European Economic Area or the United Kingdom.
These Terms apply until terminated. You may terminate at any time by deleting the App. We may terminate or suspend your license immediately if you breach these Terms. On termination, the license in Section 5 ends and you must stop using the App and delete it. Data on your device is unaffected by termination and remains yours; we hold no copy to return. The disclaimers, the limitation of liability, the indemnity, and Section 16 survive.
These Terms are between you and AGM Apps only, not with Apple Inc. AGM Apps, not Apple, is solely responsible for the App and its content.
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 16.7.
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 16.3 through 16.7 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 16.3 and 16.4 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 16.2, 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 16.5 and 16.7.
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 16.4.
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 16.7.
Blow-up provision. If a court or arbitrator decides that any part of this Section 16.4 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 16.4 is held unenforceable as to all of your claims, then Sections 16.3 and 16.4 are null and void in their entirety as to those claims, and the dispute will be resolved in court under Section 16.5. 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 16.3 and 16.4 are held unenforceable or you opt out under Section 16.7, 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 16.3 and the class action waiver in the first paragraph of Section 16.4 do not apply to you; the jury trial waiver in Section 16.4 and Sections 16.1, 16.5, and 16.6 continue to apply.
If any provision of these Terms is held invalid, illegal, or unenforceable, it will be limited or severed to the minimum extent needed, and the remaining provisions stay in full force. The blow-up provision in Section 16.4 controls over this Section with respect to the class action waiver. These Terms, together with our Privacy Policy, are the entire agreement between you and AGM Apps regarding the App, and supersede all prior understandings, communications, and App Store descriptions on that subject.
Our failure or delay in exercising any right is not a waiver of it, and a waiver is effective only if we give it in writing. You may not assign these Terms without our written consent; AGM Apps may assign them without restriction, including in connection with a sale of the assets relating to the App. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, natural disaster, war, civil unrest, governmental action, change in law, failure of the internet or telecommunications, power failure, cyberattack, or the failure, suspension, or policy change of any third-party service we depend on, including Apple and Google.
The App is subject to United States export control and economic sanctions laws. You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions; that you are not on any U.S. Government restricted-party list, including the Specially Designated Nationals list, and are not owned or controlled by any such party; and that you will not use, export, or transfer the App in violation of any such law.
Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against a party merely because that party drafted them. These Terms are made in English; where we provide a translation, the English version controls in the event of any conflict, except where applicable law requires otherwise.
We may update these Terms — for example when we add features or respond to a change in law. For material changes we will give at least thirty (30) days' notice by updating the "Last Updated" date above and presenting a notice in the App where practical, and we will ask you to accept the updated Terms before you continue where required. If you do not agree, you may reject the change by deleting the App before the effective date. Non-material changes — corrections, clarifications, and formatting — take effect when posted. No change applies retroactively to a dispute for which a Notice of Dispute was delivered before the change took effect.
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 iOS, such as VoiceOver (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 can go to:
[email protected]Developer: AGM Apps · agmapps.net