Terms of Use

Last Updated 23/01/2025

Welcome to Gammel! 

Gammel is an iOS App designed to allow users to input dates related to friends, family, or anniversaries and display the ages of these events in unique and engaging ways (“App”). The App does not guarantee the accuracy of the information entered by the user and displayed through the App. 

By accessing or using Gammel, You agree to be bound by these Terms and by our Privacy Policy. These Terms apply to all visitors, subscribers and others who access the Service. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App. These Terms apply whenever you use the App, regardless of the device or platform you access it from.

We may revise these Terms from time to time by updating them. The revised Terms will take effect upon notice, which may be provided through the App, via email, or other means.

DEFINITIONS

  • "Agreement" means these Terms of Service.

  • "Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

  • "Data" means any data inputted by You or with Your authority into the Website, or data acquired via your authorisation (including your transaction information).

  • "Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

  • "Service" means the services described and provided by the Gammel App and gammel.app Website.

  • "User" means any user of the Service and/or App.

  • "You" means the Ordinary User. "Your" has a corresponding meaning.

PRIVACY AND YOUR INFORMATION

For information about Gammel’s data protection practices, please read Gammel Privacy Policy, which details our protection of your private and personal information when you access https://gammel.app and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

ACCOUNT INFORMATION 

To avoid any doubt, Gammel does not collect your personal data

We do collect anonymized crash reports via Apple (in the event you choose to share crash reports with us).

To again avoid any doubt, Gammel does not share or sell any of your data with any third parties. You have complete control to delete your data from the App.

YOUR USE OF THE SERVICE

Your right to access and use the App and the Service is personal to you and is not transferable by you to any other person or entity. You must access and use Gammel, the Website and the Service for lawful purposes and in accordance with these Terms and Conditions.

Your access and use of Gammel may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Gammel or other actions that we elect to take.

You also agree that Gammel may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Gammel a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Gammel in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Gammel reserves the right to discontinue or cancel your use, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms and Conditions; (b) where we conclude that your conduct impacts on our name or reputation; or (c) where we conclude that your conduct violates our rights or those of another party.

You acknowledge that Gammel may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the App, Website and/or the Service and you agree we are not liable to you or any third party for such variation, modification or discontinuance.

USE OF GAMMEL WITH OTHER DEVICES

Use of these Services and App may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. 

TO THE EXTENT PERMITTED BY LAW, GAMMEL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

APP ALERTS

You are wholly in control over how the App and Services alert you in respect of anniversaries you are tracking via the App. To this end, you may choose to insert the Services via the home screen, lock screen, via widgets, via Apple Shortcuts or simply through the App. All such choices are made at your discretion and can be managed via iOS.

RIGHTS YOU GRANT US

By submitting information to Gammel through the Service, you are licensing that content to Gammel solely for the purpose of providing the Service. Gammel may use and store the content, but only to provide the Service to you and such storage will only occur on your personal iCloud account - which is wholly inaccessible to Gammel. By submitting this content to Gammel, you represent that you are entitled to submit it to Gammel for use for this purpose, without any obligation by Gammel to pay any fees or other limitations.

YOU ACKNOWLEDGE AND AGREE THAT WHEN GAMMEL IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM APPLE, GAMMEL IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property in relation to the Website, App the Service and the content on the App (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics comprised in the Website and App) (“Intellectual Property”) belongs to Gammel.

Gammel retains all right, title, and interest in and to the App, Website, Service and all related content and Intellectual Property, and nothing you do on or in relation to the Website or App, or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.

You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website or App.

The contents of Gammel belong or are licensed to Gammel or its software or content suppliers. Gammel grants you the right to view and use the App and Website subject to these terms. Any distribution, reprint or electronic reproduction of any content from Gammel in whole or in part for any other purpose is expressly prohibited without our prior written consent.

ACCESS TO THE APP

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Gammel or any portion of Gammel or the Service, without Gammel’s express written consent, which may be withheld in Gammel’s sole discretion;

  • interfere with the computer systems which support the App or Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;

  • collect or store personal data about other users of the App or Website;

  • impersonate or falsely represent your association with any person or organization; 

  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Gammel, other than the search engines and search agents available through the Service and other than generally available third-party web browsers ;

  • post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;

  • delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;

  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Gammel or the Service; or

  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Gammel or the Service.

Furthermore, Gammel does not warrant that functions contained in the App, Website and Service will be uninterrupted or error free, that defects will be corrected or that Gammel or our hosting server, are free of viruses or bugs.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall Gammel, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Gammel limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).

You specifically acknowledge that Gammel shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Service is controlled and offered by Gammel from its facilities and makes no representations that the Service is appropriate or available for in any locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Gammel, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Service.

ABILITY TO ACCEPT THIS AGREEMENT

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

We provide these Terms with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gammel without restriction.

GENERAL

You agree that: (i) These Terms and Conditions are governed by the laws of the New South Wales, Australia, and you irrevocably submit to the exclusive  jurisdiction of the courts of the State of New South Wales; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Gammel, either specific or general, in jurisdictions other than New South Wales, Australia.. These Terms, together with the Privacy Policy and any other legal notices published by Gammel on the Service, shall constitute the entire agreement between you and Gammel concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms shall be deemed a further or continuing waiver of such term or any other term, and Gammel's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You and Terms agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.These Terms and Conditions constitute the entire agreement between Gammel and you in relation to the Website and the Service and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website. The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services. If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.