Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and SFG Consulting Limited, a company registered in England and Wales under company number 16111570, trading as "3act" ("Company", "3act", "we", "us", "our").

These Terms govern your access to and use of the 3act mobile application (the "App") and any related services, features, content, and functionality (collectively, the "Service").

By using the Service, you represent and warrant that:

• You are at least 13 years of age (or the minimum age required in your jurisdiction)
• You have the legal capacity to enter into this Agreement
• You are not prohibited from using the Service under any applicable laws
• You will comply with all applicable laws and regulations
• All information you provide is accurate, current, and complete

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

3act is a habit tracking and accountability application that provides:

• Habit and cycle tracking functionality
• Action/task management
• Metric tracking and logging
• Journaling and reflection features
• Photo documentation capabilities
• Streak and XP/gamification features
• Social accountability features (Crews, Partners)
• Data backup and restore functionality
• Optional Apple Health integration

The Service is provided primarily as a local, on-device application with optional cloud-based features for users who create accounts.

3. License Grant and Restrictions

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a compatible device that you own or control, solely for your personal, non-commercial use.

3.2 Restrictions

You agree NOT to:

• Copy, modify, adapt, translate, or create derivative works of the App or Service
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use the Service for any illegal, unauthorized, or prohibited purpose
• Interfere with, disrupt, or overburden the Service or its servers
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems, bots, or scripts to access the Service
• Transmit viruses, malware, or other harmful code
• Harvest, collect, or store personal information of other users
• Impersonate any person or entity
• Use the Service in any manner that violates applicable laws or regulations
• Sublicense, sell, resell, rent, lease, or otherwise transfer your rights to the App
• Use the Service to develop a competing product or service
• Circumvent any access controls or usage limits

3.3 Reservation of Rights

All rights not expressly granted herein are reserved by the Company. The Company retains all right, title, and interest in and to the Service, including all intellectual property rights.

4. User Accounts

4.1 Account Creation

Certain features of the Service require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Termination by You

You may delete your account at any time through the App's settings (Settings → Account → Delete Account) or by contacting us at [email protected].

4.4 Account Termination by Us

We reserve the right to suspend, disable, or terminate your account and access to the Service at any time, with or without cause, with or without notice, including but not limited to:

• Violation of these Terms
• Conduct that we determine is harmful to other users, third parties, or the Service
• Fraudulent, abusive, or illegal activity
• Non-payment of applicable fees
• Extended periods of inactivity
• Upon request by law enforcement or government agencies
• Discontinuation or material modification of the Service
• Technical or security issues
• For any other reason at our sole discretion

We shall not be liable to you or any third party for any termination of your access to the Service.

5. User Content

5.1 Definition

"User Content" means any content you create, upload, submit, store, or transmit through the Service, including but not limited to:

• Habit and cycle data
• Action and task entries
• Metric entries and tracking data
• Journal entries and reflections
• Photos and images
• Profile information (name, avatar)
• Posts, comments, and reactions in Crews
• Backup files
• Any other content you provide

5.2 Ownership

You retain ownership of your User Content. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content solely for the purpose of operating, providing, improving, and promoting the Service.

5.3 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not infringe any third-party rights
• Your User Content complies with all applicable laws
• Your User Content does not contain illegal, harmful, or objectionable material

5.4 Prohibited Content

You agree not to upload, post, or transmit User Content that:

• Is illegal, fraudulent, or deceptive
• Infringes intellectual property rights of others
• Contains viruses, malware, or harmful code
• Is defamatory, obscene, pornographic, or sexually explicit
• Promotes violence, hatred, or discrimination
• Harasses, threatens, or bullies others
• Violates the privacy rights of others
• Contains personal information of others without consent
• Is spam or unauthorized advertising
• Impersonates any person or entity

5.5 Content Removal

We reserve the right, but not the obligation, to monitor, review, and remove any User Content at our sole discretion, without notice, for any reason, including content that we determine violates these Terms or is otherwise objectionable.

5.6 No Obligation to Store

We have no obligation to store, maintain, or provide copies of your User Content. You are solely responsible for creating backups of your User Content.

6. Data Storage, Loss, and Recovery

6.1 Local Data Storage

The majority of your data (habits, actions, metrics, journals, photos, streaks, XP) is stored locally on your device. You acknowledge and agree that:

• Device dependency: Local data exists only on the device where it was created
• No automatic sync: Local data is not automatically synchronized to our servers or other devices
• Device-specific: Local data cannot be accessed from other devices unless you use Backup & Restore
• App removal: Deleting the App from your device will permanently delete all local data
• Device reset: Resetting or restoring your device may permanently delete all local data
• Device loss: Losing, selling, or damaging your device may result in permanent loss of local data
• Device transfer: Transferring to a new device may not transfer local App data
• iOS updates: Operating system updates may, in rare cases, affect App data

6.2 Cloud Data Storage

If you create an account and use cloud features (Crews, Backups), some data is stored on our servers. You acknowledge and agree that:

• Server availability: We do not guarantee 100% uptime or availability of server-stored data
• Data integrity: We do not guarantee the integrity, accuracy, or completeness of server-stored data
• Backup success: We do not guarantee successful completion of backup or restore operations
• Service modifications: We may modify, suspend, or discontinue cloud storage features at any time
• Data migration: We may migrate data between servers or providers, which may temporarily affect availability

6.3 Photo Storage

Regarding photos uploaded through the Service, you acknowledge and agree that:

• Photos attached to daily logs are stored locally on your device
• Photos uploaded to Crews are stored on our servers
• Photos included in backups are stored on our servers
• We are not responsible for photo quality degradation, corruption, or loss
• We may compress, resize, or modify photos for storage optimization
• GPS metadata is stripped from uploaded photos (this process may occasionally fail)
• We do not guarantee indefinite storage of photos
• Deleted photos may not be recoverable

6.4 Backup and Restore

The Backup & Restore feature is provided as a convenience. You acknowledge and agree that:

• Backups are created and restored at your request and risk
• We do not guarantee successful backup creation, storage, or restoration
• Backups may be incomplete, corrupted, or incompatible with future App versions
• We may limit the size, number, or retention period of backups
• Backups may be deleted if you delete your account or violate these Terms
• We are not responsible for any data loss resulting from backup or restore failures
• The backup feature may be modified, suspended, or discontinued at any time

6.5 Data Export

We provide a Data Export feature that allows you to export your data in JSON format. You acknowledge that:

• Exported data is provided "as is" without warranty
• We are not responsible for the usability or compatibility of exported data
• The export feature may not include all data or may be modified at any time
• You are responsible for securely storing and managing exported data

6.6 Streaks, XP, and Gamification Data

Regarding streaks, XP, levels, and other gamification elements, you acknowledge and agree that:

• These metrics are calculated based on your logged activity
• Data corruption, bugs, or sync issues may result in incorrect or lost streak/XP data
• We are not obligated to restore lost streaks or XP for any reason
• We may modify the calculation, display, or value of streaks, XP, and levels at any time
• Gamification data has no monetary value and cannot be exchanged for anything

6.7 Disclaimer of Liability for Data Loss

7. Subscriptions and Payments

7.1 Free and Paid Features

The Service includes both free and paid features. Certain advanced features require an active paid subscription ("Pro Subscription").

7.2 Subscription Terms

By purchasing a Pro Subscription, you agree that:

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Subscriptions automatically renew unless cancelled before the renewal date
• Subscription fees are non-refundable except as required by applicable law
• We may change subscription prices with reasonable notice
• Price changes apply to subsequent billing cycles

7.3 Payment Processing

All payments are processed by Apple through the App Store. By making a purchase, you agree to Apple's terms and conditions. We do not store or process your payment information directly.

7.4 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of your paid period.

7.5 Refunds

Refund requests must be submitted to Apple in accordance with their refund policies. We do not directly process refunds. Refunds are granted at Apple's sole discretion.

7.6 Free Trials

We may offer free trial periods for paid subscriptions. At the end of a free trial, your subscription will automatically convert to a paid subscription unless cancelled before the trial ends.

7.7 Feature Changes

We reserve the right to modify, add, or remove features from any subscription tier at any time. We will provide reasonable notice of material changes.

8. Third-Party Services and Integrations

8.1 Third-Party Services

The Service integrates with or relies upon third-party services, including:

• Apple: App distribution, authentication (Sign in with Apple), payment processing, push notifications
• Google: Authentication (Sign in with Google)
• Supabase: Cloud database, authentication, file storage
• RevenueCat: Subscription management
• Apple HealthKit: Health data integration (optional)

8.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of third-party services.

8.3 Apple HealthKit

If you choose to integrate with Apple HealthKit:

• You authorize us to read the health data categories you select
• HealthKit data is used solely to reduce manual data entry
• We do not store HealthKit data on our servers or share it with third parties
• We do not use HealthKit data for advertising purposes
• You can revoke HealthKit access at any time through iOS Settings

8.4 No Liability for Third Parties

We are not liable for any acts, omissions, failures, or interruptions of third-party services. We do not endorse and are not responsible for any third-party content, products, or services.

9. Disclaimers

9.1 "As Is" and "As Available"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS
• UNINTERRUPTED OR ERROR-FREE OPERATION
• FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS
• SECURITY OF DATA OR TRANSMISSIONS
• RESULTS OR OUTCOMES FROM USING THE SERVICE

9.2 No Health or Medical Advice

The Service is a productivity and habit-tracking tool. It is NOT:

• Medical advice or a substitute for professional medical care
• A diagnostic tool for any health condition
• A treatment or cure for any disease or condition
• A replacement for consultation with qualified healthcare professionals

Always consult appropriate professionals before making health-related decisions. We are not responsible for any health outcomes resulting from your use of the Service.

9.3 No Guarantee of Results

We make no representations or guarantees regarding the effectiveness of the Service in helping you achieve any goals, form habits, improve productivity, or obtain any other results. Your results depend entirely on your own actions and circumstances.

9.4 Availability and Reliability

We do not guarantee that the Service will be:

• Available at all times or at any particular time
• Uninterrupted, timely, secure, or error-free
• Free from viruses or other harmful components
• Compatible with all devices or operating systems

9.5 Accuracy of Information

We do not warrant the accuracy, completeness, or usefulness of any information provided through the Service. Any reliance on such information is at your own risk.

10. Limitation of Liability

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS
• LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• LOSS OR CORRUPTION OF USER CONTENT, PHOTOS, OR ANY DATA
• LOSS OF STREAKS, XP, LEVELS, OR GAMIFICATION PROGRESS
• COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY
• ANY OTHER MATTER RELATING TO THE SERVICE

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR
• FIFTY POUNDS STERLING (£50.00)

10.3 Basis of the Bargain

You acknowledge that the limitations and exclusions in this Section 10 reflect a fair and reasonable allocation of risk between you and the Company, and that these limitations are an essential basis of the bargain between us. The Service would not be provided without these limitations.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any dispute between you and any third party
• Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of any such claims.

12. Service Modifications and Discontinuation

12.1 Modifications

We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice, including but not limited to:

• Features and functionality
• User interface and design
• Pricing and subscription tiers
• Data storage limits and policies
• Supported devices and operating systems
• Third-party integrations
• Any other aspect of the Service

12.2 Discontinuation

We may discontinue the Service entirely at our sole discretion. While we will endeavor to provide reasonable notice, we are not obligated to do so. Upon discontinuation:

• Your access to the Service will terminate
• Your server-stored data may be deleted
• Backup and restore features will no longer be available
• We are not obligated to maintain, export, or provide access to your data

12.3 No Liability

We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Intellectual Property

13.1 Our Intellectual Property

The Service and all content, features, and functionality (excluding User Content) are owned by the Company or its licensors and are protected by intellectual property laws. This includes:

• The App and all software code
• Trademarks, logos, and trade names (including "3act")
• Visual design, graphics, and user interface
• Text, documentation, and other content
• Algorithms, data structures, and methodologies
• All improvements, modifications, and derivatives thereof

13.2 Feedback

If you provide any suggestions, feedback, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, implement, modify, and commercialize the Feedback without any compensation or attribution to you.

13.3 Copyright Infringement

If you believe any content on the Service infringes your copyright, please contact us at [email protected] with:

• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement under penalty of perjury that your claims are accurate
• Your physical or electronic signature

14. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms and any dispute arising from or relating to the Service shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

15.2 Jurisdiction

Subject to Section 15.3 below, you agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising from or relating to these Terms or the Service.

15.3 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

15.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than through arbitration, you waive any right to a jury trial.

15.5 Time Limitation

Any claim or cause of action arising from or relating to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

16. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, or extreme weather
• War, terrorism, riots, or civil unrest
• Pandemics, epidemics, or public health emergencies
• Government actions, laws, or regulations
• Strikes, labor disputes, or work stoppages
• Internet or telecommunications failures
• Third-party service failures or outages
• Cyberattacks, hacking, or security breaches
• Power outages or infrastructure failures
• Any other events beyond our reasonable control

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service, superseding any prior agreements.

17.2 Severability

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

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of the Company.

17.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Notices

We may provide notices to you through the App, via email (if you have an account), or by posting on our website. Notices to us must be sent to [email protected].

17.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company.

17.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the App and have the right to enforce these Terms against you.

17.8 Headings

Section headings are for convenience only and have no legal effect.

17.9 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to Sections 5, 6, 9, 10, 11, 13, 15, and 17.

18. Apple-Specific Terms

If you download the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and SFG Consulting Limited, not Apple Inc. ("Apple")
• Apple has no obligation to furnish any maintenance or support services for the App
• Apple is not responsible for any product warranties, whether express or implied
• Apple is not responsible for addressing any claims relating to the App
• Apple is not responsible for any third-party intellectual property claims
• Apple and its subsidiaries are third-party beneficiaries of these Terms
• Upon your acceptance of these Terms, Apple has the right to enforce them against you
• You must comply with any applicable third-party terms when using the App

19. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you through the App or via email (if you have an account)
• Provide reasonable notice before changes take effect

Your continued use of the Service after any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

We encourage you to review these Terms periodically.

20. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us: