Website Terms of Use

These Website Terms of Use (the “Website Terms”) form an agreement between you and Bartlett Software LLC (“Bartlett Software”, “we”, “us”, “our”) covering your use of this website. They do not govern the Callout mobile application, which has its own agreements that you accept inside the app.

1. Who we are and what these terms cover

This website is published and operated by Bartlett Software LLC, the developer of Callout, a smart alarm and verbal reminder app for Android (package com.calloutalarm.app). You can reach us using the details on our contact page.

The site is a small set of static informational pages: a company page at the root listing our apps, a contact page beside it, and under /callout/ a description of the app and this collection of legal documents. There are no accounts, no forms, no sign-ups, and nothing here to buy. These Website Terms apply to every page served from this domain. They do not apply to lonestarbids.com, our other app’s site, which the root page links to and which has its own terms.

2. Acceptance

By accessing or browsing this website you agree to these Website Terms. If you do not agree with them, please stop using the site.

We may revise these Website Terms from time to time, as described in section 12.

3. Relationship to the Callout app agreements

Downloading, installing, and using the Callout app is governed by separate documents:

• the End User License Agreement & Terms of Use, which is the licence for the app; and
• the App Privacy Policy, which describes how the app handles information on your device.

Both documents are bundled inside the app and can be read offline, and the in-app copies are the authoritative versions that users accept. If anything on this website conflicts with the End User License Agreement & Terms of Use on a question about the app, that agreement controls. These Website Terms control only for questions about the website itself.

How this website handles visitor information is described separately in the Website Privacy Notice and the Cookie Policy. Every document is listed on the Legal page.

4. Permitted use of this website

Subject to these Website Terms, you may:

• read, browse, and navigate the pages;
• print pages, or save copies of them, for your own personal, non-commercial reference, keeping any copyright and trademark notices intact; and
• link to this site from elsewhere, provided the link does not suggest an affiliation with, or an endorsement by, Bartlett Software that does not exist.

No other rights are granted to you. Anything not expressly permitted here or by applicable law requires our prior written permission.

5. Prohibited use

You agree not to:

• crawl, scrape, index, or otherwise harvest the site by automated means at a rate or volume that burdens, degrades, or disrupts it, or that interferes with anyone else’s use of it;
• attempt to gain unauthorised access to the site or to any server, network, or account associated with it, or breach, disable, or circumvent any security or access control;
• probe, scan, or test the vulnerability of the site or the systems that host it, or launch any denial-of-service or similar attack;
• misrepresent your affiliation with Bartlett Software or Callout, impersonate us or anyone acting on our behalf, or use our name, logo, or content in a way that implies endorsement, sponsorship, certification, or partnership;
• reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of any part of this website or of the Callout app, except to the extent applicable law expressly permits it despite this restriction;
• copy, republish, redistribute, sell, licence, or otherwise exploit the content of this site commercially, or incorporate it into another product or service, without our prior written permission;
• frame or mirror the site in a misleading way, or remove, obscure, or alter any notice on it;
• upload, transmit, or introduce malware, harmful code, or any automated agent designed to damage or overload the site; or
• use the site for any unlawful purpose, or in any other way that breaches these Website Terms.

We may restrict or block access to the site, in whole or in part, if we reasonably believe it is being used in any of these ways.

6. Intellectual property and trademarks

All content on this website — the text, page designs, layouts, illustrations, icons, screenshots, and the depictions of the app’s user interface — is owned by Bartlett Software LLC or used with permission, and is protected by copyright and other intellectual property laws. The Callout name, the Callout logo and megaphone mark, and the visual design of the app’s user interface belong to us. Callout itself is closed-source software; notices for the third-party open-source components it ships are provided inside the app.

Nothing on this site transfers any ownership or grants any licence to our intellectual property beyond the limited permission described in section 4.

6.1 Third-party trademarks

Google Play and the Google Play logo are trademarks of Google LLC. Android is a trademark of Google LLC. Any other product or company names mentioned on this site may be trademarks of their respective owners. Those names are used for identification only and do not imply any affiliation with, or endorsement by, their owners.

7. The website is provided as is

This website is provided “as is” and “as available”. It may be unavailable or interrupted, and it may be incomplete, out of date, or contain errors or typographical mistakes. We may change, suspend, or discontinue any part of it at any time without notice.

To the maximum extent permitted by law, we disclaim all warranties of any kind relating to this website, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranty that the site will be uninterrupted, timely, secure, or error-free.

Information on this site is descriptive marketing material about the app, not a specification and not a contract. The app’s actual behaviour, the rights you receive in it, and the way it handles your information are governed by the End User License Agreement & Terms of Use and the App Privacy Policy, together with the app as it is actually installed on your device. Where a description here differs from those documents, those documents control. Features, availability, device requirements, and pricing may change.

8. No promise that an alarm will sound

Callout is provided for personal convenience only. Nothing on this website — no feature description, screenshot, illustration, example routine, or turn of phrase — is a promise, warranty, or guarantee that any alarm, callout, or notification will be delivered on time, accurately, or at all.

You must not rely on Callout 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. 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.

Whether an alarm actually sounds depends on conditions outside our control, including your device’s settings, its volume and Do Not Disturb configuration, battery optimisation and power-saving behaviour, permissions you grant or later revoke, operating system behaviour, manufacturer customisations, and software faults. Callout needs notification, exact alarm, and full-screen intent permissions before an alarm can fire at all, and aggressive battery optimisation on some devices can stop alarms from firing even when everything is set up correctly.

The full disclaimer, which you accept when you use the app, is in section 5 of the End User License Agreement & Terms of Use. The app repeats this warning on its own home screen and in its settings.

9. Limitation of liability

To the maximum extent permitted by applicable law, Bartlett Software LLC and its members, officers, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, revenue, goodwill, or opportunity, or for any missed appointment, event, or obligation, arising out of or relating to your access to or use of — or your inability to access or use — this website, or your reliance on any information published on it, regardless of the legal theory and even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims relating to this website will not exceed the greater of the amount you actually paid us for the Callout app or five United States dollars (USD $5.00). This limit matches the limitation of liability in the app’s End User License Agreement & Terms of Use; that figure is a liability ceiling, not a price.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of incidental or consequential damages, so some or all of the exclusions and limitations in sections 7, 8, and 9 may not apply to you. In that case, our liability is limited to the smallest amount permitted by applicable law, and nothing in these Website Terms excludes or limits any liability that cannot lawfully be excluded or limited.

10. Links to third-party sites

This website links to the Google Play listing for Callout. The app is not published yet, so that listing is not live at the time of writing; when it is, the listing, any download, and any purchase will be handled entirely by Google and will be subject to Google’s own terms and privacy policy.

We do not control third-party websites or services and are not responsible for their content, availability, accuracy, security, or practices. A link is not an endorsement. Following one takes you off this site, and the terms and privacy policy of that destination apply from that point on.

11. Governing law and disputes

These Website Terms, and any dispute arising out of or relating to this website, are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-law rules, and by the federal laws of the United States where applicable. This matches the choice of law in the app’s End User License Agreement & Terms of Use.

Subject to the paragraph below, you and Bartlett Software agree to bring any dispute about this website exclusively in the state or federal courts located in the State of North Carolina, and each party consents to the personal jurisdiction and venue of those courts. Nothing here prevents either party from bringing an individual claim in a small-claims court that has jurisdiction over it.

These Website Terms do not add any arbitration agreement. Disputes concerning the Callout app — including its licence, its purchase, and its performance — remain subject to the dispute resolution provisions of the End User License Agreement & Terms of Use, which include binding individual arbitration and a class-action waiver with a 30-day opt-out. Please read that section before you use the app.

12. Changes to these terms

We may revise these Website Terms at any time. A revised version takes effect when it is posted on this page, and the “Last updated” date at the top of the page will change with it. We are not obliged to notify you of a revision, so please check this page when you visit. Continuing to use the site after a revision means you accept the revised Website Terms; if you do not accept them, stop using the site.

Changes to the app’s own legal documents are handled differently: the app asks you to agree again, inside the app, whenever an update changes them.

13. Severability, waiver, and entire agreement

If any provision of these Website Terms is held invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will stay in full force and effect.

Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless we give it in writing.

These Website Terms, together with the Website Privacy Notice and the Cookie Policy, are the entire agreement between you and Bartlett Software LLC regarding this website, and they replace any earlier understanding about it. They do not replace, amend, or limit the End User License Agreement & Terms of Use or the App Privacy Policy, which stand on their own and continue to govern the app. You may not assign these Website Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

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14. Contact

Questions about these Website Terms, permission requests, and anything else about this site can be sent to us by email. The address is on the contact page. We are a small independent developer, so please allow a few days for a reply.

Bartlett Software LLC
bartlettsoftwarellc.com/contact