Last updated: July 16, 2024
These Terms of Service (the "Terms"), together with our Privacy Policy, constitute the entire agreement between Phung Ventures UG, Kaiserstraße 56, 60329 Frankfurt am Main ("indistractable", "we", "us", or "our") and you ("you", "your", or the "User"). These Terms govern your use of the aitimetrack.com website, the indistractable web application, the indistractable offline version, and/or the indistractable services (collectively the "Service").
By using the Service, you acknowledge that you have read and accepted these Terms, so please read them carefully. We may update these Terms from time to time. Unless otherwise required by law, we will notify you before making changes and give you the opportunity to review them before they take effect. Once the updated Terms are in effect, you are bound by them if you continue to use the Service. If you do not agree with the updated Terms, you can delete your account at any time.
You acknowledge and agree that we may send you emails related to your account and/or the Service. If you represent a for-profit business, you agree that we may use your company's name or logo in our advertising. This permission remains in effect until you request in writing that we stop using your company's name or logo.
We do not claim intellectual property rights to the data you provide to the Service.
You acknowledge and agree that we own all rights, title, and interest in the Service, including but not limited to all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.
indistractable offers both a free service option with a limited range of features and paid license options that provide access to an expanded range of features. The specific features for each plan variant can be found on our pricing page.
When purchasing a license, users receive the right to use the enhanced features of indistractable according to the plan selected:
This license is assigned to a single device. License terms vary depending on the plan purchased.
Some licenses may include the right to use indistractable features in an offline environment, subject to the same terms as online use.
You can use the Service without registration. As an anonymous user, all your data is public and will be deleted 30 days after last use.
You can create a user account to save your data. You are responsible for keeping your password secure and are solely and exclusively liable for all activities that occur under your username. You also agree not to access or attempt to access the accounts and/or data of other users.
If you delete data in the Service or delete your user account, this data will be marked for removal and deleted from our systems within 30 days and from backups within 90 days. Only one record remains in our CRM system. You can request its deletion with an informal message to our support email.
Users are granted the freedom to use the Service in a manner they deem appropriate, subject to compliance with laws and regulations. However, the following actions are expressly prohibited:
Users are solely responsible for moderating texts in the spaces they create, including content shared via the "Submit questions" link. It is essential that users ensure a respectful and safe environment for all participants. The responsibility for moderating texts and managing the distribution of publicly accessible links to spaces lies exclusively with the user. This includes taking appropriate measures to prevent the spread of harmful or inappropriate content.
We are not responsible for content that represents hate speech, offensive language, or other forms of prohibited content in the spaces. The duty of moderation and content management lies with the user. Although we strive to provide a safe and respectful platform, it is ultimately the user's responsibility to ensure the integrity of content in the spaces they manage. We reserve the right to block or terminate the accounts of users who violate these policies and to remove any prohibited content without prior notice. By using the Service, you acknowledge these terms and agree to comply with the standards of conduct outlined here to ensure a positive and respectful environment for all users of the Service.
If you are not satisfied with the Service, we will issue a refund for your first purchase within 30 days of that purchase. Subsequent purchases are not eligible for refunds. At the end of each billing period, the plan contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the Service.
We offer a 14-day refund policy.
Eligible refunds will be issued to the credit card or PayPal account that was used to make the purchase, according to the refund policy described in the "Payment Terms" section. We will not issue cash refunds under any circumstances. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.
Card refunds typically take 3-5 working days to credit back into the customer's account.
PayPal refunds typically re-appear in a customer's account within 48 hours of requesting the refund.
If you are a Consumer and unless the below exception applies, you have the right to cancel this Agreement and return the Product within 14 days without giving any reason. The cancellation period will expire after 14 days from the day after completion of the Transaction. To meet the cancellation deadline, it is sufficient that you send us your communication concerning your exercise of the cancellation right before the expiration of the 14 day period.
To cancel your order, you must inform us of your decision. To ensure immediate processing, please do so by contacting us at hello@codevagabond.com. Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal.
You also have the right to inform us using the model cancellation form below or by making any other clear, unambiguous statement through our available communication channels. If you contact us via email, we will communicate acknowledgment of receipt of your cancellation request to you without delay.
To indistractable Buyer Support Team
I hereby give notice that I cancel my contract of sale of the following Products
Ordered on
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
If you cancel this Agreement as permitted above, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.
We will make the reimbursement using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of the reimbursement.
Your right as a Consumer to cancel your order does not apply to the supply of Digital Content that you have started to download, stream or otherwise acquire and to Products which you have had the benefit of.
We strive to ensure that the Service is available to you with maximum reliability. Although we endeavor to ensure exemplary uptime, it is important to acknowledge that unforeseen circumstances may affect the availability of the Service. Historically, the Service has achieved 99.99% uptime over any 90-day period, thanks to multiple redundancies in our critical infrastructure.
Updates for the Service are released approximately once a month and lead to a short downtime of 1-2 minutes. These updates are carefully planned during times of minimal usage to minimize the impact on users.
The Service and the materials provided through the Service are available to you on an "as seen" basis. To the extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to all warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.
We and our suppliers are not liable for indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of a third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether we have been informed of the possibility of such damages.
In particular, "consequential damages" includes any form of indirect damage, including but not limited to loss of profit, revenue, business, goodwill, opportunities, or anticipated savings.