End User License Agreement & Terms of Use

PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE CALLOUT APPLICATION ("APP"). BY INSTALLING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE APP.

This Agreement is between you and Bartlett Software LLC ("Developer," "we," "us," or "our"). It serves as both the license agreement for the App and the terms of use governing your use of it.

1. License Grant

Subject to your compliance with this Agreement, the Developer grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on Android devices that you own or control, solely for your personal, non-commercial purposes.

The App is licensed to you, not sold. The Developer and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights.

2. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent that you meet this requirement and that you have the legal capacity to enter into this Agreement.

3. Restrictions

You may not: (a) copy, modify, or distribute the App; (b) reverse-engineer, decompile, or disassemble the App, except to the extent such restriction is prohibited by applicable law; (c) rent, lease, lend, sell, or sublicense the App; (d) remove or alter any proprietary notices or labels on the App; (e) use the App for any unlawful purpose or in violation of any applicable law or regulation; or (f) use the App to harass, alarm, or disturb any other person.

4. Your Content

The App lets you create routines and add labels, spoken text-to-speech callouts, audio recordings you make with your device's microphone, and audio files you import from your device ("Your Content").

Your Content stays on your device. The Developer does not collect, receive, host, review, moderate, or back up Your Content. See the Privacy Policy for details.

You are solely responsible for Your Content, including:

• Ensuring you have the legal right to record, import, and use any audio you add to the App, including obtaining the consent of anyone whose voice you record where consent is required by law.
• Complying with all applicable recording, wiretapping, copyright, and privacy laws in your jurisdiction.
• Backing up Your Content. Because all data is stored locally, uninstalling the App, clearing its data, resetting your device, or losing your device will delete Your Content, and it cannot be recovered by the Developer. Android's own backup service may retain a copy in your cloud storage account if you have it enabled, but that is outside the Developer's control and must not be relied on; you remain responsible for maintaining your own backup of anything that matters.

5. DISCLAIMER — NOT FOR SAFETY-CRITICAL USE

THE APP IS PROVIDED FOR PERSONAL CONVENIENCE ONLY. THE APP IS NOT DESIGNED, INTENDED, OR WARRANTED FOR USE IN ANY SITUATION WHERE THE FAILURE, DELAY, OR INACCURACY OF AN ALARM OR NOTIFICATION COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE, FINANCIAL LOSS, OR ANY OTHER HARM.

YOU MUST NOT RELY ON THIS APP AS YOUR SOLE MEANS OF WAKING UP FOR, BEING REMINDED OF, OR BEING ALERTED TO ANY SAFETY-CRITICAL, MISSION-CRITICAL, MEDICAL, EMERGENCY, OR TIME-SENSITIVE EVENT OR OBLIGATION.

ALARMS AND NOTIFICATIONS MAY FAIL TO FIRE, FIRE LATE, OR NOT SOUND AUDIBLY DUE TO DEVICE SETTINGS, VOLUME OR DO-NOT-DISTURB SETTINGS, BATTERY OPTIMIZATION OR POWER-SAVING FEATURES, REVOKED PERMISSIONS, OPERATING SYSTEM BEHAVIOR, DEVICE MANUFACTURER CUSTOMIZATIONS, SOFTWARE BUGS, OR OTHER FACTORS BEYOND THE DEVELOPER'S CONTROL. THE DEVELOPER MAKES NO GUARANTEE THAT ANY ALARM OR NOTIFICATION WILL BE DELIVERED ACCURATELY OR AT ALL.

You are responsible for testing the App on your own device and for maintaining an independent backup method for anything that matters.

6. Device Permissions and Settings

The App requires certain Android permissions and settings to function, including notifications, exact alarms, full-screen intents, starting on boot, and — for recording callouts and voice-activated snooze — optional microphone access. If you deny, revoke, or restrict these permissions, or if your device's battery optimization settings restrict the App, alarms and callouts may not fire. The Developer is not responsible for missed alarms resulting from permission or system settings.

7. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, MISSED APPOINTMENTS OR OBLIGATIONS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP.

THE DEVELOPER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APP.

Nothing in this Agreement limits liability that cannot be limited under applicable law.

9. Third-Party Services and Software

9.1 Google Play

The App is distributed through the Google Play Store. Your download and any purchase are also subject to Google's terms. Google is not a party to this Agreement and has no responsibility for the App.

9.2 Device Text-to-Speech

Verbal callouts are spoken by a text-to-speech engine installed on your device, and you choose which installed engine and voice the App uses. That engine is provided by your device manufacturer or a third party and is governed by their terms and privacy policy, not this Agreement. The Developer does not supply, and is not responsible for, the engines or voices available on your device.

9.3 Open Source Software

The App includes open source software components. Those components are licensed under their own terms, which are available in the App under Settings, Open Source Licenses. Where a component's license conflicts with this Agreement, that license governs that component.

10. Updates and Support

The Developer may, but is not obligated to, provide updates, bug fixes, or support for the App. Updates may add, change, or remove features. The Developer may discontinue the App at any time without liability to you.

11. Feedback

If you send the Developer suggestions, ideas, or feedback about the App, you grant the Developer a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation or compensation to you. Do not include confidential information or personal data in feedback.

12. Privacy

Your use of the App is also governed by the Privacy Policy, available in the App under Settings, Privacy Policy, which is incorporated into this Agreement by reference.

13. Binding Arbitration and Class Action Waiver

13.1 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to this Agreement or the App ("Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in court for intellectual property matters. The arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association ("AAA") or JAMS, at the claimant's election, in accordance with their respective consumer arbitration rules.

13.2 Location

The arbitration shall take place in the county in which the Developer resides or, at your election, may be conducted by telephone, videoconference, or based on written submissions.

13.3 Class Action Waiver

YOU AND THE DEVELOPER AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court.

13.5 Opt-Out

You may opt out of this arbitration provision by sending written notice to the Developer within 30 days of first accepting this Agreement. If you opt out, Disputes will be resolved in the courts described in Section 14.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions. If the arbitration provision in Section 13 does not apply, you consent to the exclusive jurisdiction of the state and federal courts located in North Carolina.

15. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies. Sections 4, 5, 7, 8, 11, 13, and 14 survive termination.

16. Changes to This Agreement

The Developer reserves the right to modify this Agreement at any time. The current version is always available in the App under Settings, Terms of Use & License. Material changes will be communicated through the App or other reasonable means. Your continued use of the App after such changes constitutes acceptance of the modified Agreement.

17. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Developer regarding the App and supersedes all prior agreements and understandings.

18. Severability and Waiver

If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect. The Developer's failure to enforce any provision is not a waiver of its right to do so later.

19. Contact

For questions about this document, contact the Developer: