Terms of Service & EULA

1. Agreement to Terms

These Terms of Service and End User License Agreement ("Terms", "Agreement") are a binding legal agreement between you ("you", "User") and BIAN ("BIAN", "we", "us", "our"), governing your access to and use of the Smart Calendar mobile application and any related services (collectively, the "App").

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not download, install, or use the App.

2. License Grant (EULA)

Subject to your compliance with these Terms, BIAN grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on Android devices that you own or control, solely for your personal, non-commercial use.

This is a license, not a sale. BIAN and its licensors retain all right, title, and interest in and to the App. Your use of the App through the Google Play Store is also subject to the Google Play Terms of Service.

3. License Restrictions

You agree that you will NOT, and will not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works of the App;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the limited extent permitted by applicable law;
• Rent, lease, lend, sell, sublicense, distribute, or otherwise commercially exploit the App;
• Remove, alter, or obscure any proprietary notices;
• Use the App to violate any law or the rights of others, or to transmit malware or harmful code;
• Circumvent, disable, or interfere with security or technical features of the App;
• Use any automated means to access the App in a manner that overloads or disrupts it.

4. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the App. By using the App, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

5. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You are solely responsible for the data, events, reminders, notes, and other content you create or manage in the App, and for maintaining the confidentiality and backup of that data.

6. Your Content & Data

You retain all ownership of your content (calendar entries, reminders, to-dos, notes, and similar data). The App stores this data locally on your device by default; BIAN does not claim ownership of it and does not upload it to our servers. You are responsible for backing up your data. Uninstalling the App or clearing its data may permanently delete locally stored content.

7. Reminders, Alarms & Notifications Disclaimer

Reminders, alarms, and notifications depend on your device's operating system, manufacturer software, battery-optimization and background-activity settings, "Do Not Disturb" and volume settings, network availability, and other factors outside BIAN's control. Many Android device manufacturers (for example, Xiaomi, OnePlus, Oppo, Vivo, Samsung, Huawei, and others) aggressively restrict or terminate background apps, which can delay, silence, or prevent reminders and alarms from firing.

Accordingly, the App is provided as a convenience only and is not guaranteed to deliver any reminder, alarm, or notification at any particular time, or at all. You must not rely on the App for any matter where a missed or delayed alert could result in harm, loss, or damage — including, without limitation, medication reminders, medical or health matters, financial deadlines, travel, legal obligations, or other time-critical or safety-critical events. For such matters, use a dedicated, purpose-built, and redundant alerting method. You assume all risk arising from any missed, delayed, duplicated, or silent reminder, alarm, or notification.

8. Voice Features

The App offers an optional voice assistant and an optional "Hey Smart" wake word, both of which are off by default. When enabled, speech is processed offline on your device; audio is not recorded or transmitted. Voice recognition may be inaccurate and is provided "as is." You are responsible for verifying any action created by voice (such as a reminder's time or content). See the Privacy Policy for details.

9. Third-Party Services

The App may interoperate with third-party services, including your device's calendar providers (e.g., Google, Samsung, Microsoft), an optional weather provider (Open-Meteo), an optional public-holidays provider (Nager.Date), and the offline speech-model host (the Vosk project). These services are governed by their own terms and privacy policies. BIAN does not control and is not responsible for third-party services, their availability, accuracy, or data practices. Weather, holiday, and similar information is provided "as is" and may be inaccurate or unavailable.

10. Purchases & Subscriptions

Any optional paid features or subscriptions are sold and processed through Google Play Billing and are subject to Google's terms. Prices and availability may change. Except where required by law or by Google Play policy, payments are non-refundable. You can manage or cancel subscriptions through your Google Play account settings.

11. Intellectual Property

The App, including its software, design, text, graphics, logos, and trademarks (including "BIAN" and "Smart Calendar"), is owned by BIAN or its licensors and is protected by intellectual-property laws. Except for the limited license granted in these Terms, no rights are granted to you. Third-party open-source components remain subject to their respective licenses.

12. Privacy

Your use of the App is also governed by our Privacy Policy, which explains what data the App accesses and how it is handled. By using the App, you consent to those practices.

13. Disclaimer of Warranties

BIAN does not warrant that the App will be uninterrupted, timely, secure, error-free, or that reminders, alarms, notifications, voice recognition, predictions, weather, or other features will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of Liability

To the maximum extent permitted by law, BIAN's total aggregate liability for all claims relating to the App shall not exceed the greater of (a) the total amount you paid to BIAN for the App in the twelve (12) months before the claim, or (b) USD $10.00. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in such cases liability is limited to the smallest amount permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless BIAN and its owners, employees, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the App; (b) your violation of these Terms or any law; or (c) your violation of the rights of any third party.

16. Termination

These Terms remain in effect while you use the App. You may terminate at any time by uninstalling the App. BIAN may suspend or terminate your license at any time if you breach these Terms or for any lawful reason. Upon termination, the license granted to you ends and you must stop using and delete the App. Sections that by their nature should survive termination (including Sections 6, 7, and 11–18) will survive.

17. Changes to the App & Terms

BIAN may modify, update, suspend, or discontinue the App or any feature at any time, with or without notice. We may also update these Terms from time to time; the "Last Updated" date will reflect changes. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms. If you do not agree, stop using the App.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of the jurisdiction in which BIAN is established, without regard to conflict-of-laws principles, except where mandatory consumer-protection laws of your country of residence apply.

18.1 Informal Resolution

Before bringing any formal dispute, you agree to first contact us at support@biantech.org and attempt to resolve the matter informally for at least thirty (30) days.

18.2 Binding Arbitration & Class-Action Waiver

To the extent permitted by applicable law, any dispute that cannot be resolved informally shall be resolved by binding individual arbitration rather than in court, and you and BIAN waive any right to a jury trial and to participate in a class, collective, or representative action. This provision does not apply where prohibited by law, and nothing here prevents either party from seeking relief in small-claims court or from pursuing injunctive relief for intellectual-property infringement. Where binding arbitration or a class-action waiver is not enforceable in your jurisdiction, disputes shall be resolved by the competent courts of BIAN's jurisdiction.

19. General Provisions

• Entire Agreement: These Terms and the Privacy Policy are the entire agreement between you and BIAN regarding the App and supersede any prior agreements.
• Severability: If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be limited to the minimum extent necessary.
• No Waiver: BIAN's failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign these Terms; BIAN may assign them in connection with a merger, acquisition, or sale of assets.
• Force Majeure: BIAN is not liable for any failure or delay due to causes beyond its reasonable control.

20. Contact

Questions about these Terms? Contact us at support@biantech.org.