Terms of Service

These Terms of Service (“Terms”) govern your use of AnyTally, a software application provided by Bitzag LLC (“we,” “us,” or “our”). By downloading, installing, or using AnyTally, you agree to these Terms. If you do not agree, do not use AnyTally.

1. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use AnyTally for personal or commercial purposes in accordance with these Terms. Your access to AnyTally is licensed, not sold. We retain all rights, title, and interest in the application, including all intellectual property rights.

2. Your Content

You retain full ownership of all data and content you create in AnyTally (“Your Content”). We do not claim any rights over Your Content, and we never receive or store it — it stays on your device and in your own iCloud account.

You are solely responsible for Your Content and for maintaining your own backups. We have no ability to access, recover, or restore Your Content.

3. Subscriptions & Payments

AnyTally is offered as a subscription. Subscriptions are sold and billed through Apple’s App Store and are subject to Apple’s terms and policies. We do not process payments or handle any billing information.

• Subscriptions automatically renew unless cancelled at least one day before the end of the current billing period.
• You can manage or cancel your subscription at any time through your Apple account settings.
• Payment, refunds, and billing are handled by Apple in accordance with their App Store terms.

We reserve the right to change subscription pricing. Any price change will apply to the next billing cycle after the change is announced.

4. Apple and the App Store

You acquire AnyTally through Apple’s App Store, and your use is also subject to Apple’s Licensed Application End User License Agreement. These Terms are between you and Bitzag LLC only, not with Apple. Apple is not responsible for AnyTally or its content, and Apple has no obligation to provide support or maintenance for the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

5. iCloud & Sync

AnyTally can sync your data across your own devices using Apple’s iCloud (CloudKit) service. Syncing requires that you are signed in to iCloud with iCloud Drive enabled, and depends on Apple’s services, which are outside our control. We are not responsible for the availability of iCloud, for sync delays or conflicts, or for any data loss arising from the use of iCloud. You are responsible for maintaining independent backups of any important data.

6. Acceptable Use

You agree not to:

• Use AnyTally for any unlawful purpose
• Attempt to reverse-engineer, decompile, or disassemble the application, except to the extent permitted by law
• Resell, redistribute, or sublicense the application
• Use the application in any way that infringes the rights of others

7. Availability & Support

We strive to keep AnyTally reliable, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the application at any time without prior notice. Support is provided on a best-effort basis via email at support@bitzag.com.

8. Disclaimer of Warranties

AnyTally is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the app will be free of bugs, errors, or interruptions, or that your data will never be lost. You are responsible for maintaining your own backups.

9. Limitation of Liability

To the maximum extent permitted by law, Bitzag LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, arising from your use of or inability to use AnyTally.

Our total liability for any claim arising from these Terms or your use of AnyTally shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or fifty US dollars ($50), whichever is lesser.

10. Termination

You may stop using AnyTally at any time by deleting the app. Your locally stored data is removed with the app, and your iCloud data can be managed through your iCloud settings. We may terminate or suspend your license if you violate these Terms.

11. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of law provisions.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of AnyTally shall be resolved exclusively by binding individual arbitration administered in Jefferson County, Kentucky, by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action or class-wide arbitration against Bitzag LLC.

Exceptions. Either party may bring a qualifying claim in small claims court in Jefferson County, Kentucky. Nothing in this section prevents Bitzag LLC from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date at the top of this page. Your continued use of AnyTally after any changes constitutes acceptance of the updated Terms.

13. Age Requirement

AnyTally is not directed to children under the age of 13. If you are under 13, you may not use AnyTally.

14. Indemnification

You agree to indemnify and hold harmless Bitzag LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to your use of AnyTally, Your Content, your violation of these Terms, or your violation of any rights of any third party.

15. General

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. We may assign or transfer our rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, or sale of assets; you may not assign yours.

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control. Sections 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 11 (Governing Law & Dispute Resolution), and 14 (Indemnification) shall survive any termination of these Terms.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bitzag LLC regarding your use of AnyTally and supersede any prior agreements.

16. Contact Us

If you have questions about these Terms, contact us:

Bitzag LLC
6844 Bardstown Rd #504
Louisville, KY 40291
General inquiries: info@bitzag.com
Support & legal: support@bitzag.com