These Terms of Service ("Terms") constitute a legally binding agreement between you and HYTimes Group LLC ("we," "us," or "our") governing your use of the Āpex Suite mobile applications published by HYTimes Group LLC — currently Anticipāt, Pāck, Rōute, Trāce, and Spēnd, together with any additional Āpex Suite apps we release and their widgets (each, an "App"). By downloading, installing, or using an App, you agree to be bound by these Terms. If you do not agree, do not use the App.
Subject to your compliance with these Terms, HYTimes Group LLC grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, solely for your personal, non-commercial purposes.
Every Āpex Suite App is free to download. Anticipāt and Trāce are entirely free. Some Apps (such as Pāck and Rōute) are free to try and offer a single one-time in-app purchase that permanently unlocks their full feature set. Once unlocked, that App and all of its future updates are yours forever, at no additional charge. There are no subscriptions and no recurring fees of any kind. Prices are shown on each App's App Store or Google Play listing (set in USD or your local equivalent by Apple or Google). A future "Āpex Suite" bundle may be offered at its own one-time price.
Some Apps include optional affiliate links to third-party products and services. Using those links is entirely optional and is never required to use any feature of an App (see Section 5).
You may not:
Each App, including its design, code, graphics, user interface, brand name, logo, and all content created by HYTimes Group LLC, is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved by HYTimes Group LLC.
The names "Āpex Suite," "Anticipāt," "Pāck," "Rōute," "Trāce," "Spēnd," and the other Āpex Suite app names, together with their distinctive logos, are trademarks of HYTimes Group LLC. You may not use our trademarks without prior written permission.
Content you create within an App — such as your trips, lists, places, expenses, notes, and uploaded photos — remains yours. We claim no ownership over your content.
Depending on which App you use and the features you choose, the Apps integrate with the following third-party services, each subject to its own terms:
HYTimes Group LLC is not responsible for the terms, privacy practices, content, or availability of any third-party service.
Some Apps include affiliate links to third-party products and services. When you tap one, it opens in your device's browser, and HYTimes Group LLC may earn a commission if you make a purchase. This is disclosed in-app as: "HYTimes App Studio may earn a commission on purchases made through links in this app. This never affects our recommendations or your price." Affiliate links are optional, never affect the price you pay, and are never required to use any feature. Any purchase you make from a third-party merchant is solely between you and that merchant, governed by their terms; we are not a party to it and are not responsible for those products, services, or transactions.
You are solely responsible for all content you add to an App, including names, photos, notes, and any other data. You represent and warrant that:
Because all data is stored locally on your device, we cannot access, monitor, or moderate your content. You are responsible for maintaining appropriate backups of your data.
We may release updates to an App from time to time to add features, fix bugs, or maintain compatibility with new OS versions. Updates will be delivered through the App Store or Google Play. Your one-time purchase of a paid App entitles you to all future updates to that App at no additional cost.
We reserve the right to modify, suspend, or discontinue any feature of an App at any time. We will provide reasonable notice of material changes where possible.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HYTimes Group LLC does not warrant that:
Some jurisdictions do not allow disclaimers of implied warranties, so the above may not fully apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYTIMES GROUP LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE ANY APP.
In no event shall HYTimes Group LLC's total liability to you for all claims arising from your use of an App exceed the amount you paid for that App (or, for a free App such as Trāce, USD $0).
Some jurisdictions do not allow the limitation of liability for certain types of damages, so the above may not fully apply to you.
You agree to indemnify, defend, and hold harmless HYTimes Group LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any third-party rights.
These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, United States, without regard to its conflict of law principles.
Any dispute arising from these Terms or your use of an App shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Oklahoma City, Oklahoma under the rules of the American Arbitration Association, on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.
We reserve the right to update these Terms at any time. We will notify you of material changes by updating the effective date and, where appropriate, providing notice within the affected App. Your continued use of an App after changes take effect constitutes acceptance of the revised Terms.
We may terminate or suspend your license to use an App immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the App ceases, but all data stored locally on your device remains accessible to you.
You may stop using an App at any time by deleting it from your device.
HYTimes Group LLC
Oklahoma City, Oklahoma, United States
Email: support@hytimesgroup.com