Terms of Use

Acceptance of Terms

By downloading, installing, or using the Fern app ("the App"), you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the App. The App is operated by GNK Softworks Ltd ("we", "our", or "us").

Description of Service

Fern is a goal and habit tracking application designed to help you build positive habits and achieve your goals. The App provides:

• Habit tracking and streak monitoring
• Goal setting and progress tracking
• Progress insights and analytics
• Reminders and notifications

Service Tiers

Fern offers different service tiers:

• Fern (Free): Access to core features with advertisements displayed within the App. By using the free tier, you consent to the display of advertisements.
• FernPlus: An ad-free experience with additional features, available via in-app subscription.

We reserve the right to modify, suspend, or discontinue any features or service tiers at any time.

Acceptable Use

You agree not to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorised access to our systems
• Interfere with or disrupt the App's functionality
• Use automated systems to access the App without permission
• Circumvent or disable any security features, including advertisement delivery

Advertising

The free tier of Fern is supported by advertisements. By using the free tier, you acknowledge and agree that advertisements will be displayed to you. These advertisements are provided by third-party advertising partners. We are not responsible for the content of third-party advertisements. If you prefer an ad-free experience, you may upgrade to FernPlus.

External Services

The App may enable access to third-party services and websites, including advertising networks and analytics providers (collectively, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party services.

Data displayed by any External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by us or our agents. You agree not to use the External Services in any manner that is inconsistent with these Terms or that infringes the intellectual property rights of any third party, or in any manner to harass, abuse, stalk, threaten, or defame any person or entity.

External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

Licence and Intellectual Property

The App is licensed, not sold, to you. The App, including its design, features, content, and underlying technology, is owned by GNK Softworks Ltd and is protected by intellectual property laws. Subject to your compliance with these Terms and the Apple Media Services Terms and Conditions (including the Usage Rules), we grant you a limited, non-exclusive, non-transferable, revocable licence to use the App on any Apple-branded device that you own or control, for personal, non-commercial purposes. All rights not expressly granted are reserved.

You may not:

• Distribute or make the App available over a network where it could be used by multiple devices at the same time
• Transfer, redistribute, or sublicense the App to any third party
• Copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, except to the extent that such restriction is prohibited by applicable law or by open-source licensing terms governing any included open-source components

If you sell or transfer your device to a third party, you must remove the App from the device before doing so.

Your Data

You retain full ownership of the content you create within the App (habits, goals, etc.). Your data is stored locally on your device. We do not have access to your personal habit or goal data.

You consent to the App collecting and using technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the App. We may use this information in a form that does not personally identify you, to improve our products or to provide services or technologies to you. For full details on what data we collect and how we use it, please refer to our Privacy Policy.

Subscriptions & Payments

FernPlus subscriptions are processed through the Apple App Store. By purchasing a subscription:

• Payment will be charged to your Apple ID account
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage and cancel subscriptions in your App Store account settings
• Refunds are handled according to Apple's refund policies

Disclaimers

YOUR USE OF THE APP IS AT YOUR SOLE RISK. The App and any services performed or provided by the App are provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, either express, implied, or statutory, including but not limited to the implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.

No oral or written information or advice given by us or our authorised representatives shall create a warranty. Should the App prove defective, you assume the entire cost of all necessary servicing, repair, or correction.

We do not guarantee that the App will be uninterrupted, error-free, or secure. Fern is a productivity tool and is not intended to replace professional advice for health, mental health, or any other professional services.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

Limitation of Liability

To the maximum extent permitted by law, GNK Softworks Ltd shall not be liable for any incidental, special, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the App, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

Our total liability to you for all damages shall not exceed the amount you paid us in the twelve months prior to the claim, or fifty pounds (£50), whichever is greater. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

Termination

This licence is effective until terminated by you or us. Your rights under this licence will terminate automatically if you fail to comply with any of its terms.

You may terminate this licence at any time by deleting the App from your device. We reserve the right to discontinue the App or restrict your access if you violate these Terms. Upon termination, you shall cease all use of the App and destroy all copies, full or partial, of the App.

Export Controls

You may not use or otherwise export or re-export the App except as authorised by United States law, the laws of England and Wales, and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported:

• Into any country subject to a U.S. Government embargo
• To anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List

By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by applicable law, including but not limited to the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

U.S. Government End Users

The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with these provisions, the App is licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, excluding its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If you are a citizen of the European Union, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes through the App or via email. Your continued use of the App after changes take effect constitutes acceptance of the new Terms.

Contact Us

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