MRR - Terms of Service

These Terms of Service ("Terms") govern your use of the MRR Tracker mobile application (the "App") operated by Gold Penguin LLC ("we," "our," or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using MRR Tracker, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the App.

2. Description of Service

MRR Tracker is a financial tracking application designed to help business owners, agency owners, and entrepreneurs track their monthly recurring revenue (MRR). The App provides tools for monitoring revenue sources, analyzing financial trends, and forecasting future revenue.

3. Subscription Plans and Pricing

3.1 Free Tier

The free version of MRR Tracker includes:

  • Up to 3 revenue sources
  • Basic MRR tracking functionality
  • Calendar view of revenue timeline
  • Local data storage only (no cloud sync)

3.2 Premium Subscription

Premium subscriptions are available with the following options:

  • Monthly Plan: $2.99 per month
  • Annual Plan: $24.99 per year

Premium features include:

  • Unlimited revenue sources
  • Advanced analytics and insights
  • Cloud synchronization across all your devices via iCloud
  • Priority access to new features

3.3 Billing and Renewal

  • Payment will be charged to your iTunes Account at confirmation of purchase
  • Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan
  • Subscriptions may be managed and auto-renewal may be turned off by going to your device's Account Settings after purchase: Settings → [Your Name] → Subscriptions
  • Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription

3.4 Cancellation and Refunds

  • You may cancel your subscription at any time through your iOS device settings
  • Cancellation takes effect at the end of the current billing period, and you will retain access to Premium features until that time
  • No refunds or credits will be provided for partial subscription periods
  • All sales are final, and refunds are handled according to Apple's App Store refund policies

4. Acceptable Use

You agree to use MRR Tracker only for lawful purposes and in accordance with these Terms. Specifically:

  • The App is intended for personal and business financial tracking purposes only
  • You are responsible for the accuracy of all data you enter into the App
  • You must not use the App for any fraudulent, illegal, or unauthorized purpose
  • You must not attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App
  • You must not interfere with or disrupt the App or servers or networks connected to the App

5. Important Disclaimers

5.1 Not Financial Advice

MRR Tracker is a tracking and calculation tool only. It does not provide:

  • Financial advice or recommendations
  • Tax preparation or filing services
  • Accounting or bookkeeping services
  • Investment advice

You should consult with qualified financial, tax, and legal professionals regarding your specific financial situation and tax obligations.

5.2 No Warranty

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.3 Accuracy of Calculations

  • All calculations, forecasts, and analytics provided by the App are estimates based on the data you enter
  • We do not guarantee the accuracy, completeness, or reliability of any calculations or projections
  • You are responsible for verifying all figures and calculations for accuracy
  • Revenue forecasts and predictions are estimates only and not guarantees of future performance

5.4 Data Responsibility

  • You are solely responsible for maintaining backups of your data
  • While we strive to provide reliable data storage and synchronization, we are not responsible for any data loss, corruption, or inability to access your data
  • We strongly recommend regularly exporting your data when that feature becomes available
  • You are responsible for ensuring your device has adequate storage and a stable internet connection for cloud sync features

5.5 Tax Compliance

  • You are solely responsible for all tax reporting obligations related to your revenue and business
  • MRR Tracker does not generate tax reports or ensure compliance with tax laws
  • You should maintain separate records and consult with a tax professional for all tax-related matters

6. Technical Requirements and Limitations

6.1 System Requirements

  • The App requires iOS 17.0 or later
  • Premium cloud sync features require an active iCloud account and internet connection
  • Some features may require specific hardware capabilities

6.2 Feature Limitations

  • Cloud synchronization is only available to Premium subscribers
  • Free tier users are limited to 3 revenue sources
  • Feature availability may vary based on your subscription status and device capabilities

6.3 Service Availability

  • We strive to provide continuous access to the App, but we do not guarantee that the App will be available at all times
  • The App may be unavailable during maintenance periods, updates, or due to circumstances beyond our control
  • Cloud sync features depend on Apple's iCloud service availability

7. Intellectual Property Rights

7.1 Our Rights

The App, including all content, features, functionality, software, and designs, is owned by Gold Penguin LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Rights

You retain all rights to the data you enter into the App. By using the App, you grant us a limited license to store, process, and sync your data solely for the purpose of providing the App's functionality.

7.3 Restrictions

You may not:

  • Copy, modify, distribute, sell, or lease any part of the App
  • Reverse engineer, decompile, or attempt to extract the source code of the App
  • Remove, alter, or obscure any proprietary notices on the App
  • Use the App to create a competing product or service

8. Account Termination

8.1 Termination by You

  • You may stop using the App at any time
  • You may delete all your data by uninstalling the App from all your devices
  • To remove data from iCloud, delete the App from all devices where you have enabled cloud sync
  • Uninstalling the App does not automatically cancel your subscription; you must cancel through iOS Settings

8.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at our sole discretion, without notice, for conduct that we believe:

  • Violates these Terms
  • Is harmful to other users, us, or third parties
  • Violates applicable laws or regulations
  • Is fraudulent or involves misuse of the App

While we do not anticipate needing to exercise this right for a personal finance tracking app, we reserve it to protect the integrity of our service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLD PENGUIN LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the App
  • Any conduct or content of any third party on or through the App
  • Unauthorized access, use, or alteration of your data
  • Any errors, mistakes, or inaccuracies in calculations or forecasts
  • Any data loss or corruption

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gold Penguin LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any data you enter into the App

11. Changes to Terms

We may modify these Terms at any time at our sole discretion. When we make changes, we will:

  • Update the "Last Updated" date at the top of these Terms
  • Notify you of material changes through the App or via the App Store update notes
  • For significant changes, we may provide additional notice through the App

Your continued use of the App after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the App.

12. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

13. Third-Party Services

The App integrates with Apple services including:

  • App Store and StoreKit: For subscription processing and management
  • iCloud and CloudKit: For optional cloud synchronization (Premium users only)

Your use of these services is subject to Apple's terms and conditions and privacy policies. We are not responsible for the practices or policies of Apple or any other third-party services.

14. Governing Law and Dispute Resolution

14.1 Governing Law

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

14.2 Dispute Resolution

Any disputes arising from or relating to these Terms or the App shall be resolved through:

  1. Informal Resolution: First, contact us to attempt to resolve the dispute informally
  2. Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association
  3. Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration

14.3 Jurisdiction

You agree to submit to the personal jurisdiction of the courts located in the United States of America for the purpose of litigating any disputes not subject to arbitration.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gold Penguin LLC regarding the App and supersede all prior agreements and understandings, whether written or oral.

17. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

18. Assignment

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

19. Apple-Specific Terms

As the App is distributed through the Apple App Store, the following additional terms apply:

  • These Terms are between you and Gold Penguin LLC only, not with Apple
  • Apple has no obligation to provide maintenance or support services for the App
  • Apple is not responsible for any product warranties or claims related to the App
  • Apple is not responsible for addressing any claims by you or third parties relating to the App
  • In the event of any third-party claim that the App infringes intellectual property rights, Gold Penguin LLC, not Apple, shall be responsible for the investigation and resolution of such claim
  • You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government prohibited or restricted party list
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you

20. Contact Information

If you have any questions, concerns, or feedback about these Terms or the App, please contact us at:

Gold Penguin LLC
team@goldpenguin.org

21. Acknowledgment

BY USING MRR TRACKER, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.