Terms of Service

Last Updated: March 15, 2026

Acceptance of Terms

Welcome to Durably ("we," "our," or "us"). By downloading, accessing, or using the Durably mobile application (the "App") available on iOS and Android platforms, you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, please do not use the App.

The developer of Durably is based in Michigan, United States. These Terms constitute a legally binding agreement between you and Durably.

Eligibility

By using the App, you represent and warrant that:

• You are at least 13 years of age

• You have the full power and authority to enter into this agreement

• You are not located in a country that is subject to a U.S. government embargo

• You are not on any U.S. government list of prohibited or restricted parties

Account Registration and Security

Account Creation

You may use Durably in two ways:

1. Anonymous Usage: You can use the App without creating an account. Please note that anonymous usage may limit certain features.

2. Registered Account: You may create an account using your email address and choose a username. You are responsible for maintaining the confidentiality of your account credentials.

Account Responsibility

You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.

App Features and Functionality

Offline-First Design

Durably is designed as an offline-first application. Your items, product information, and associated image paths are stored locally on your device. You acknowledge that:

• This data is your responsibility to maintain and back up

• We cannot recover locally stored data if you lose access to your device

• Uninstalling the App may result in permanent loss of locally stored data

Cloud Storage

If you create a registered account, your username is stored in the cloud to enable account functionality. Your items and product information remain on your device and are not synced to the cloud.

OpenAI Chatbot Feature

The App includes an optional chatbot feature powered by OpenAI. By using this feature, you acknowledge and agree that:

• Your conversations are processed in real-time and are not stored by Durably

• You will not use the chatbot to generate harmful, illegal, or inappropriate content

• OpenAI's own terms of service and privacy policy apply to your use of this feature

• We are not responsible for the content generated by the chatbot

User Conduct

You agree not to use the App to:

• Violate any applicable laws or regulations

• Infringe upon the intellectual property rights of others

• Transmit any harmful, threatening, abusive, or offensive material

• Attempt to gain unauthorized access to our systems or other users' accounts

• Interfere with or disrupt the App's functionality

• Use the App to store or share illegal content

• Reverse engineer, decompile, or disassemble the App

• Use the App in any way that could damage, disable, or impair our services

Intellectual Property Rights

Our Rights

The App, including its code, design, layout, graphics, and original content, is owned by Durably and protected by copyright, trademark, and other intellectual property laws. You are granted a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

Your Rights

You retain all ownership rights to the items, product information, and content you create and store in the App. By using the App, you grant us permission to perform the actions necessary to provide the service (such as storing your username in the cloud).

Third-Party Services

Firebase

The App uses Firebase services (Authentication and Cloud Firestore) provided by Google. Your use of these features is subject to Google's Terms of Service and Privacy Policy.

OpenAI

If you use the chatbot feature, your use is subject to OpenAI's Terms of Use and Privacy Policy. We are not responsible for OpenAI's practices or the content generated by their service.

Disclaimer of Warranties

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

• MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

• UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO THE APP

• ACCURACY, RELIABILITY, OR COMPLETENESS OF THE APP'S FUNCTIONALITY

• THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DURABLY, ITS DEVELOPER, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL

• DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE APP

• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA

• CONDUCT OF ANY THIRD PARTIES, INCLUDING OPENAI

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP (IF ANY) OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless Durably and its developer from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App

• Your violation of these Terms

• Your violation of any third-party rights

• Any content you create or store using the App

Termination

We reserve the right to terminate or suspend your account and access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.

Upon termination:

• Your right to use the App will immediately cease

• Your username may be removed from our cloud database

• Locally stored data on your device will remain unless you uninstall the App

You may terminate this agreement at any time by deleting the App and, if applicable, requesting account deletion through the App or by contacting us.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by:

• Posting the updated Terms in the App

• Updating the "Last Updated" date at the top of these Terms

• Providing in-app notification for material changes

Your continued use of the App after such modifications constitutes your acceptance of the updated Terms.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall take place in Michigan, and judgment upon the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class, consolidated, or representative action.

Severability

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

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Durably regarding your use of the App and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms, please contact us at:

Durably Support
proactive.team.dev@gmail.com
Michigan, United States