Terms of Use

Agreement to these terms

These Terms of Use (the “Terms”) are a binding agreement between you and Gunja Consulting, Inc. (“Gunja Consulting”, “we”, “us”, or “our”), a corporation organized under the laws of Illinois, United States. They govern your use of:

• the website at gunjaconsulting.com and its subdomains (the “Site”); and
• the mobile, desktop, and web applications we publish (each, an “Application”, and together with the Site, the “Services”).

By using the Services you agree to these Terms. If you do not agree, do not use the Services. If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind it, and “you” refers to that organization.

Our Privacy Policy is incorporated into these Terms by reference. An Application may also have its own supplemental terms; where they conflict with these Terms, the supplemental terms govern for that Application.

Who may use the Services

You must be at least 13 years old to use the Services, and at least the age of digital consent in your jurisdiction if it is higher. If you are under 18, you may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms.

You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if we have previously terminated your access.

Consulting services

The Site describes consulting services we offer. Nothing on the Site is an offer, a quote, or a commitment to perform work, and no client relationship is created by browsing it or by emailing us.

Consulting engagements are governed exclusively by a separate written agreement — a statement of work, master services agreement, or equivalent — signed by both parties. Where that agreement conflicts with these Terms, the signed agreement governs for that engagement.

Content on the Site is provided for general information. It is not legal, financial, security, or professional advice, and you should not act on it without engaging appropriate professional help.

License to use our Applications

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Applications for your personal or internal business purposes.

For Applications obtained through the Apple App Store, this license is further limited to use on Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that an Application may be accessed by other accounts associated with you via Family Sharing or volume purchasing.

The Applications are licensed to you, not sold. We and our licensors retain all right, title, and interest in and to the Services, including all software, designs, text, graphics, trademarks, and other intellectual property. These Terms grant you no rights other than the license described above.

What you may not do

You agree not to:

• copy, modify, translate, or create derivative works of the Services, except as expressly permitted by law;
• reverse engineer, decompile, or disassemble any part of the Services, or attempt to derive their source code, except to the extent that applicable law prohibits this restriction;
• rent, lease, lend, sell, sublicense, or otherwise commercially redistribute the Services;
• remove, obscure, or alter any proprietary notice, license text, or attribution;
• circumvent, disable, or interfere with security, authentication, rate-limiting, or billing features;
• access the Services by automated means at a rate that degrades service for others, or scrape them at scale without our written permission;
• probe, scan, or test the vulnerability of our systems except as permitted by our security policy;
• use the Services to store or transmit unlawful, infringing, defamatory, or malicious content, including malware;
• use the Services to harass, abuse, impersonate, or harm another person; or
• use the Services in violation of any applicable law, including export control and sanctions law.

Accounts

Some Applications require an account. You agree to provide accurate information, to keep it current, and to keep your credentials confidential. You are responsible for everything that happens under your account, except to the extent it results from our own failure. Tell us at support@gunjaconsulting.com promptly if you suspect unauthorized access.

You may delete your account at any time. Where an Application supports accounts, it provides an in-app deletion option, and each Application also has a web page describing how to request deletion. Deleting your account permanently removes your content on the timeline described in our Privacy Policy, and does not automatically cancel a subscription — see Subscriptions and purchases.

Your content

You retain all ownership of the content you create, upload, or store using an Application (“Your Content”). We claim no ownership over it.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, and display Your Content solely to the extent necessary to operate and provide the Services to you — for example, storing it on our servers and syncing it between your devices. This license ends when you delete Your Content or your account, except for copies retained in routine backups until they rotate out.

We do not use Your Content to train machine learning models, sell it, or share it with advertisers. You are responsible for Your Content and for having the rights necessary to store it with us.

Subscriptions and purchases

Some Applications offer paid features through one-time purchases or auto-renewing subscriptions. The specific title, duration, and price are shown in the Application before you buy, and prices may vary by region and change over time.

Billing through Apple

For purchases made in an iOS Application, Apple processes the transaction, not us. The following terms apply, as required by Apple:

• Payment is charged to your Apple Account at confirmation of purchase.
• A subscription automatically renews at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours prior to the end of the current period.
• You can manage your subscription and turn off auto-renewal in your Apple Account settings after purchase. On iOS: open Settings, tap your name, tap Subscriptions, then select the subscription.
• Cancelling stops future renewals. It does not retroactively refund the current period, and you keep access until that period ends.
• If a free trial is offered, any unused portion is forfeited when you purchase a subscription covering the same content. Cancel at least 24 hours before the trial ends to avoid being charged.

Refunds

Purchases made through the App Store are refunded by Apple under Apple’s refund policy, and we cannot issue those refunds ourselves. Purchases made through Google Play are handled under Google’s policy. Where you have a statutory right to a refund or to cancel — for example, the 14-day right of withdrawal for consumers in the EEA and UK — that right applies regardless of anything in this section.

If a purchase went wrong and the store will not help, email support@gunjaconsulting.com and we will do what we reasonably can.

Price changes

We may change subscription prices. Any change applies from your next renewal, and we will give you notice with enough time to cancel before it takes effect, as required by the applicable app store.

Third-party services and terms

The Services may interoperate with services we do not control. Your use of those services is governed by their own terms, and you agree to comply with any applicable third-party terms when using our Applications. We are not responsible for third-party services and do not endorse them by linking to or integrating with them.

Availability, changes, and termination

We may modify, suspend, or discontinue any part of the Services at any time. Where a change materially reduces functionality you have paid for, we will give reasonable advance notice and, where required, a pro-rated refund of amounts you have prepaid for the unused period.

You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if continuing to provide the Services to you would create a security or legal risk. Where circumstances allow, we will tell you why and give you an opportunity to fix the problem first.

Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — survive it.

Intellectual property and feedback

Gunja Consulting, Inc., the Gunja Consulting name, and our logos are our trademarks. You may not use them without our prior written permission, except to refer accurately to us or our products.

If you send us feedback, suggestions, or feature ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you. Please do not send us ideas you consider confidential or want to be paid for.

If you believe content in our Services infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act to legal@gunjaconsulting.com.

Disclaimer of warranties

The Services are provided “as is” and “as available” without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any content is accurate or complete. You are responsible for maintaining your own backups of anything important to you.

Some jurisdictions do not allow the exclusion of implied warranties. In those places, the exclusions above apply only to the extent permitted, and you may have additional rights that these Terms do not affect — including, for consumers in the EEA and UK, statutory conformity rights, and in Australia, the consumer guarantees under the Australian Consumer Law.

Limitation of liability

To the fullest extent permitted by law, Gunja Consulting, Inc. and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Services — whether based in contract, tort, negligence, strict liability, or any other theory, and even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the Services is limited to the greater of (a) the amount you paid us for the applicable Service in the twelve months before the event giving rise to the claim and (b) one hundred United States dollars (US$100). This limit does not apply to liability arising from a consulting engagement, which is governed by the limits in the signed agreement for that engagement.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under any non-waivable consumer protection law.

Indemnification

You agree to indemnify and hold harmless Gunja Consulting, Inc. and its officers, directors, employees, and agents from any claim, demand, loss, or expense (including reasonable legal fees) arising out of your misuse of the Services, your violation of these Terms, your violation of any law, or your infringement of a third party’s rights. We will notify you of any such claim and may participate in its defense at our own expense; you may not settle a claim in a way that imposes an obligation on us without our written consent.

Additional terms for Applications obtained from Apple

The following terms apply to any Application you obtain through the Apple App Store, and are included to satisfy Apple’s minimum end user license agreement requirements. In the event of a conflict between this section and the rest of these Terms, this section governs with respect to that Application.

1. These Terms are between you and us only. This agreement is concluded between you and Gunja Consulting, Inc. alone, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Application and its content.
2. Scope of license. The license granted to you for the Application is as set out in License to use our Applications above.
3. Maintenance and support. We are solely responsible for providing maintenance and support for the Application, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the Application.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit or HomeKit frameworks.
6. Intellectual property rights. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
7. Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address. Questions, complaints, or claims with respect to the Application should be directed to:
   Gunja Consulting, Inc. Registered in Illinois, United States Postal address available on request support@gunjaconsulting.com
9. Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the Application.
10. Third-party beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

Export control and government users

The Services may be subject to United States export control laws. You may not export or re-export them in violation of those laws, and you represent that you are not subject to sanctions that would prohibit your use.

If you are a United States government end user, the Services are “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, and are licensed with only those rights granted to all other end users under these Terms.

Governing law and disputes

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. If you have a dispute, email legal@gunjaconsulting.com with a description of the problem and what you want. Most things are resolved this way, and we ask that you give us 30 days to try before starting formal proceedings.

If that does not resolve it, you and we agree to the exclusive jurisdiction of the state and federal courts located in the State of Illinois, and each party consents to personal jurisdiction there.

Consumers. If you are a consumer, nothing in this section deprives you of the protection of the mandatory laws of your country of residence, or of your right to bring proceedings in the courts of that country where local law gives you that right. Consumers in the EU may also use the European Commission’s online dispute resolution platform.

Changes to these Terms

We may update these Terms. The “last updated” date at the top reflects the current version. For material changes we will give notice — in the Application, on the Site, or by email — at least 14 days before they take effect, unless a change is required sooner by law. Continuing to use the Services after the effective date means you accept the revised Terms. If you do not accept them, stop using the Services and, if you have a subscription, cancel it before the change takes effect.

General

• Entire agreement. These Terms, our Privacy Policy, and any supplemental terms for a specific Application are the entire agreement between you and us regarding the Services, and supersede prior discussions.
• Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest of the Terms remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control.
• Notices. We may give notice by email or by posting on the Site. You give notice to us at the address in Contact.

Contact

Questions about these Terms:

Email: legal@gunjaconsulting.com
Support: support@gunjaconsulting.com

Gunja Consulting, Inc. is registered in Illinois, United States. We handle correspondence by email; a postal address for formal notices is available on request from legal@gunjaconsulting.com.