Effective date: May 30, 2025
Welcome to Countus ("we", "our", or "us"). These Terms of Service ("Terms") constitute a Custom End User License Agreement ("Custom EULA") governing your use of the Countus mobile application (the "Licensed Application"), an all-in-one counter solution that includes stopwatch, countdown timer, tally counter, and recurring timer features. By downloading, installing, or using the Licensed Application, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Licensed Application.
The Licensed Application is designed to help you track time and habits, such as timing workouts, setting reminders for events, or logging daily activities, all while operating offline to ensure maximum privacy and control. The Licensed Application is licensed, not sold, to you, and Countus reserves all rights not expressly granted herein.
Countus grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that you own or control, subject to these Terms and the Apple Media Services Terms and Conditions (the "Usage Rules"). You may use the Licensed Application for personal, non-commercial purposes, including:
You may not:
If you sell or transfer your Apple device to a third party, you must remove the Licensed Application from the device beforehand. These Terms govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as any upgrades provided by Countus that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a new Custom EULA.
To use the Licensed Application, you must:
If you are using the Licensed Application on behalf of an organization or entity, you represent that you have the authority to bind that organization to these Terms.
The Licensed Application operates offline, and all data (e.g., counters, labels, and timers) is stored locally on your device using React Native’s AsyncStorage. You agree that Countus may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, gathered periodically to facilitate software updates, product support, and other services related to the Licensed Application. Such information will be in a form that does not personally identify you. Countus may use this information to improve its products or to provide services or technologies to you.
As a user of the Licensed Application, you agree to:
The Licensed Application, including its design, code, graphics, and all associated content, is owned by Countus or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not:
Any counters or labels you create within the Licensed Application are stored locally on your device and remain under your control. Countus does not claim ownership of user-generated content.
The Licensed Application may enable access to third-party services and websites (collectively and individually, "External Services"). You agree to use External Services at your sole risk. Countus is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such External Services. Data displayed by any External Service, including but not limited to financial, medical, or location information, is for general informational purposes only and is not guaranteed by Countus. You will not use External Services in any manner that is inconsistent with these Terms or that infringes the intellectual property rights of Countus or any third party. Countus reserves the right to change, suspend, remove, disable, or impose access restrictions on any External Services at any time without notice or liability to you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COUNTUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COUNTUS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COUNTUS, ITS AFFILIATES, OFFICERS, OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COUNTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Countus’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
The Licensed Application is a productivity tool, and you are responsible for verifying the accuracy of any timers, counters, or reminders before relying on them for critical tasks (e.g., medical reminders or time-sensitive events).
This Custom EULA is effective until terminated by you or Countus. Your rights under this Custom EULA will terminate automatically if you fail to comply with any of its terms. Countus reserves the right to suspend or terminate your access to the Licensed Application at our discretion, without notice, if:
You may terminate your use of the Licensed Application at any time by uninstalling it from your device, which will delete all locally stored data associated with the Licensed Application. Countus does not retain or back up any user data.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Licensed Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished Rights reserved under the copyright laws of the United States.
We may update these Terms to reflect changes in the Licensed Application’s functionality, legal requirements, or our policies. Changes will be communicated by:
Your continued use of the Licensed Application after the effective date of any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
Except to the extent expressly provided below, these Terms and the relationship between you and Countus shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Countus agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from these Terms. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Licensed Application from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these Terms shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province, or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to these Terms is the United Nations Convention on the International Sale of Goods.
If you have questions, concerns, or feedback about these Terms or the Licensed Application, please reach out to us:
For the fastest resolution, please include a clear description of your query or issue in your email.