Terms of Service

Effective date: 2025-07-20

These Terms of Service (the “Terms”) form a legally binding agreement between you (“you” or “User”) and KILAM LLC, a Texas limited‑liability company (“KILAM,” “we,” “our,” or “us”), covering your use of the FineTime mobile application and the website https://finetime.app (collectively, the “Service”).

Plain‑English heads‑up: FineTime turns waking up on time into a game. If you fail or skip the morning challenge (push‑ups, puzzles, step counts, etc.) we automatically charge a pre‑authorised penalty and forward the money to beneficiaries (usually 501(c)(3) charities) that you pick. The app is premium—an active Apple subscription is required—and you must be an adult to play.

1. Acceptance of These Terms

By downloading, installing, creating an account, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy (together, the “Agreements”). If you do not agree, do not access or use the Service.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.

2. Accounts & Eligibility

  • You must provide accurate, current information when you create an account and keep it up to date.

  • Keep your login credentials confidential. You are responsible for all activity that occurs under your account.

  • We may suspend or terminate your account, without notice, if we believe you have violated these Terms or engaged in fraud, abuse, or unlawful conduct.

3. Subscriptions (Apple‑Handled)

  • Premium‑only. FineTime requires an active auto‑renewing subscription purchased through the iOS App Store. No in‑app purchases bypass the subscription requirement.

  • Billing cycle. Apple bills monthly or annually, depending on the plan you select. Manage or cancel renewals in Settings → Apple ID → Subscriptions on your device.

  • Free trials. If offered, free trials convert to paid subscriptions unless cancelled at least 24 hours before the trial ends.

  • Price changes. Apple will give reasonable notice before price increases; continued use after the change means you accept the new price.

  • Refunds. All refund requests are handled by Apple under its App Store policies.

4. Penalty Payments for Failed Alarms

When you oversleep or fail a challenge:

  1. Stripe charge. A penalty amount (chosen by you when configuring the alarm) is processed through Stripe using the payment method stored in your FineTime wallet.

  2. Fees. Stripe’s processing fee plus a small KILAM service fee are deducted from each penalty. Exact fees are displayed before you confirm your beneficiaries.

  3. Holding & payout. Penalties are pooled in a non‑interest‑bearing Stripe balance until they are batched and paid out once per year at the start of the next calendar year. We may hold funds for up to 24 months to resolve disputes.

  4. Beneficiaries. Funds are routed to the beneficiaries you selected. If a custom beneficiary cannot be onboarded and you have no fallback, KILAM will retain the amount as profit.

  5. Rounding. Amounts may be rounded up or down to achieve an even split across multiple beneficiaries.

  6. Visibility. Completed payouts appear in your in‑app History screen.

  7. Tax caution. Because payouts can be delayed, do not claim them as charitable deductions until they have actually been disbursed.

5. Challenges, Safety & Health Disclaimer

  • Some challenges involve physical activity (e.g., push‑ups, jumping jacks) and cognitive tasks (e.g., puzzles). Participate only if you are physically and medically able.

  • Consult a physician before beginning any new exercise routine. Your participation is at your own risk.

  • KILAM is not a medical or fitness provider and the Service does not give medical advice.

  • You may upload images, sounds, or other content (“User Content”) for custom alarms or as proof of task completion.

  • You retain ownership of your User Content but grant KILAM a worldwide, royalty‑free licence to store, process, and display it for operating the Service.

  • Do not upload content that is illegal, harmful, obscene, infringing, or violates anyone’s rights. We may remove or suspend any content at our discretion.

6. User Content

7. Acceptable Use

You agree not to:

  1. Use the Service for unlawful, harmful, or fraudulent purposes.

  2. Attempt to reverse‑engineer, decompile, or exploit the Service.

  3. Introduce viruses or malicious code.

  4. Interfere with servers or networks connected to the Service.

  5. Share, sell, or sublicense your account or any part of the Service.

  6. Harass, abuse, or harm other users.

8. Intellectual Property

FineTime, the FineTime logo, and all related trademarks, service marks, graphics, and content are the exclusive property of KILAM or its licensors. All rights not expressly granted are reserved.

10. Warranty Disclaimer

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, KILAM disclaims all warranties—express, implied, statutory—including fitness for a particular purpose, non‑infringement, and uninterrupted availability. Use the Service at your own risk.

9. Third‑Party Services & Links

The Service integrates third‑party services (Apple, Stripe, Google Firebase). We are not responsible for their content, policies, or practices. Your use of those services is governed by their respective terms.

11. Limitation of Liability

To the fullest extent permitted by law, KILAM and its officers, directors, employees, or agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, arising from your use of the Service. Our aggregate liability will not exceed the greater of (a) the amount you paid to us in the 12 months preceding the claim or (b) USD 100.

12. Indemnification

You agree to defend, indemnify, and hold harmless KILAM and its affiliates from any claims, damages, liabilities, and expenses arising from your use of the Service or violation of these Terms.

13. Termination

We may suspend or terminate your account at any time for any reason, including breach of these Terms. Upon termination, your right to use the Service stops immediately. Sections intended to survive termination (e.g., intellectual property, limitations of liability) will remain in effect.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict‑of‑law rules. Any dispute arising out of or relating to the Service shall be resolved in the state or federal courts located in Tarrant County, Texas, and you consent to personal jurisdiction and venue in those courts. You waive any right to participate in a class‑action lawsuit.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced in‑app and by e‑mail at least seven days before they take effect. Continued use after the effective date constitutes acceptance of the revised Terms.

16. Contact

  • Best way: e‑mail admin@alixmalik.com – fastest response.

  • Registered (filing) address: 1424 Summit Ave Apt 5059, Fort Worth TX 76102 USA (state filings only; mail here may not be monitored).

  • Mailing address: KILAM LLC – Legal, 268 W Lucille Ave, Mountain House CA 95391 USA.

Last updated 2025‑07‑20