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END-USER LICENSE AGREEMENT FOR CADENCE

Last Updated: October 13, 2025

IMPORTANT – READ CAREFULLY: This End-User License Agreement ("Agreement" or "EULA") is a legal agreement between you ("End-User" or "you") and Cadence.day ("Company," "we," "us," or "our") for the Cadence Visual Time Tracking mobile application ("Licensed Application" or "App"), which you have downloaded from the Apple App Store. By downloading, installing, accessing, or using the Licensed Application, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, access, or use the Licensed Application.

ACKNOWLEDGEMENT​

1.1. You acknowledge and agree that this Agreement is concluded between you and Cadence.day only, and not with Apple Inc. ("Apple"). 1.2. Cadence.day, not Apple, is solely responsible for the Licensed Application and the content thereof. 1.3. This Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions.

SCOPE OF LICENSE​

2.1. Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to: (a) Download, install, and use the Licensed Application for your personal, non-commercial use on any Apple-branded device that you own or control; and (b) Access and use the Licensed Application on other devices associated with your account via Family Sharing or volume purchasing, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. 2.2. You may not: (a) Distribute, sell, sublicense, rent, lease, or lend the Licensed Application; (b) Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or any part thereof; (c) Remove, alter, or obscure any proprietary notice (including copyright or trademark notices) on the Licensed Application; (d) Use the Licensed Application in any manner that violates applicable laws, regulations, or third-party rights; (e) Use the Licensed Application to transmit or store material that infringes on third-party intellectual property rights; (f) Interfere with or disrupt the integrity or performance of the Licensed Application; (g) Use the Licensed Application for any unlawful or unauthorized purpose. 2.3. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

3. TECHNICAL REQUIREMENTS AND APP FUNCTIONALITY​

3.1. The Licensed Application is a visual time tracking tool that allows you to create time entries, track tasks, and manage your time visually. 3.2. The Licensed Application requires a compatible Apple device and may require an internet connection for certain features such as cloud sync. 3.3. All data is stored locally on your device by default. Cloud sync is optional and requires explicit opt-in. 3.4. The Company reserves the right to modify the technical specifications and requirements from time to time. 3.5. You acknowledge that it is your responsibility to confirm and ensure that the Licensed Application is compatible with your device.

ELIGIBILITY​

4.1. You must be at least 18 years old and legally capable of entering into a binding contract to use the Licensed Application. 4.2. By using the Licensed Application, you represent and warrant that you meet these requirements. 4.3. The Licensed Application is not intended for children under 16 years of age. We do not knowingly collect or store personal information from children.

MAINTENANCE AND SUPPORT​

5.1. The Company is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. 5.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. 5.3. Support inquiries should be directed to the contact information provided in Section 16 below.

USER ACCOUNTS AND DATA​

6.1. You may optionally create an account to access cloud sync features of the Licensed Application. 6.2. If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. 6.3. You agree to provide accurate, current, and complete information during registration (such as your email address) and to update such information to keep it accurate, current, and complete. 6.4. Account information such as email addresses is stored in hashed or encrypted form. 6.5. The Company's collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at docs.cadence.day/legal/privacy, which is incorporated by reference into this Agreement.

TIME TRACKING DATA AND PRIVACY​

7.1. The Licensed Application collects and stores the following data: (a) Time entries (start and end times, task labels) created by you; (b) App interactions for debugging and improvement (anonymized); (c) Device information (device model, OS version, app version) for compatibility and diagnostics (non-personal). 7.2. All data is stored locally on your device unless you explicitly opt-in to cloud sync. 7.3. All data transmitted to our cloud backend is end-to-end encrypted during transmission using TLS and encrypted at rest using AES-256 encryption. 7.4. The Company does not: (a) Collect personally identifiable information unless explicitly provided by you; (b) Access your device contacts, photos, camera, microphone, or location; (c) Track you across other apps or websites; (d) Sell, rent, or share your personal data with third parties for advertising or marketing. 7.5. You have the right to: (a) Access the data we store about you; (b) Request deletion of your data; (c) Withdraw consent and stop data syncing at any time. 7.6. To exercise any of these rights, contact us at admin@cadence.day. 7.7. If you delete the Licensed Application or request deletion, all associated data is permanently erased.

INTELLECTUAL PROPERTY RIGHTS​

8.1. All content, features, and functionality of the Licensed Application (including text, graphics, logos, and software) are the exclusive property of Cadence.day and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. 8.2. You acknowledge that in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. 8.3. No part of the Licensed Application may be copied, modified, distributed, or used without the Company's prior written consent, except as expressly permitted in this Agreement.

WARRANTY​

9.1. The Company warrants that the Licensed Application will perform substantially in accordance with the documentation provided. 9.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 9.3. The Company does not warrant that: (a) The Licensed Application will meet your requirements; (b) The operation of the Licensed Application will be uninterrupted or error-free; (c) Defects in the Licensed Application will be corrected; (d) The Licensed Application or the servers that make it available are free of viruses or other harmful components. 9.4. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. 9.5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

PRODUCT CLAIMS​

10.1. You acknowledge that the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (a) Product liability claims; (b) Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; (c) Claims arising under consumer protection, privacy, or similar legislation. 10.2. This Agreement does not limit the Company's liability to you beyond what is permitted by applicable law.

LIMITATION OF LIABILITY​

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CADENCE.DAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE LICENSED APPLICATION; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE LICENSED APPLICATION; (c) ANY CONTENT OBTAINED FROM THE LICENSED APPLICATION; (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. 11.2. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. 11.3. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you.

12.1. 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; (b) You are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. 12.2. You agree to comply with all applicable laws and regulations in connection with your use of the Licensed Application.

THIRD-PARTY TERMS OF AGREEMENT​

13.1. You must comply with applicable third-party terms of agreement when using the Licensed Application. 13.2. If you use the Licensed Application in a manner that requires a wireless data connection (such as when using cloud sync features), you acknowledge that you are solely responsible for any data charges that may apply and you agree not to violate your wireless data service agreement when using the Licensed Application. 13.3. The Licensed Application may contain links to third-party websites or services. The Company is not responsible for the content, accuracy, or practices of any third-party websites or services.

THIRD-PARTY BENEFICIARY​

14.1. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. 14.2. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

TERMINATION​

15.1. This Agreement is effective until terminated by you or the Company. 15.2. The Company reserves the right to suspend or terminate your access to the Licensed Application at our sole discretion, without notice, for any reason or no reason, including but not limited to violation of this Agreement. 15.3. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term(s) of this Agreement. 15.4. Upon termination: (a) You must cease all use of the Licensed Application; (b) You must delete all copies of the Licensed Application from your devices; (c) All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to warranty disclaimers, indemnity, and limitations of liability.

DEVELOPER NAME AND CONTACT INFORMATION​

  • Company Name: Cadence.day
  • CEO: Oleg Moshkovich
  • Team: Bruno Adam, Oleg Moshkovich, Andrea Lausevic
  • Address: Danziger Str. 2, 10435 Berlin, Germany
  • Email: admin@cadence.day
  • Website: docs.cadence.day For any questions, complaints, or claims with respect to the Licensed Application, please contact us at the above email address.

INDEMNIFICATION​

17.1. You agree to defend, indemnify, and hold harmless Cadence.day, its members, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) Your use of and access to the Licensed Application; (b) Your violation of any term of this Agreement; (c) Your violation of any third-party right, including any intellectual property right or privacy right; (d) Your violation of any applicable law or regulation.

CHANGES TO THIS AGREEMENT​

18.1. The Company reserves the right to modify this Agreement at any time without prior notice. 18.2. If we make material changes to this Agreement, we will notify you by email (if you have provided one) or through a notice in the Licensed Application prior to the effective date of the changes. 18.3. Your continued use of the Licensed Application after the effective date of any modifications constitutes your acceptance of the modified Agreement. 18.4. We encourage you to review this Agreement periodically for any changes.

GOVERNING LAW AND JURISDICTION​

19.1. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. 19.2. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Berlin, Germany, and you consent to the personal jurisdiction of such courts. 19.3. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction.

SEVERABILITY​

20.1. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from this Agreement. 20.2. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall remain in full force and effect.

WAIVER​

21.1. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. 21.2. Any failure by the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

ENTIRE AGREEMENT​

22.1. This Agreement, together with the Privacy Policy (docs.cadence.day/legal/privacy) and Terms & Conditions (docs.cadence.day/legal/terms), constitutes the entire agreement between you and Cadence.day concerning the Licensed Application. 22.2. This Agreement supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Company with respect to the Licensed Application.

EXPORT CONTROLS​

23.1. The Licensed Application may be subject to export laws and regulations of the United States, the European Union, and other jurisdictions. 23.2. You agree to comply with all applicable export and re-export control laws and regulations. 23.3. You represent and warrant that you are not located in any country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

ASSIGNMENT​

24.1. You may not assign or transfer this Agreement, by operation of law or otherwise, without the Company's prior written consent. 24.2. The Company may assign or transfer this Agreement, at its sole discretion, without restriction. 24.3. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

FORCE MAJEURE​

25.1. The Company shall not be liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond the Company's reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

DATA RETENTION AND DELETION​

26.1. Data is retained only as long as necessary to provide the Licensed Application's services or as required by law. 26.2. If you delete the Licensed Application or request deletion of your data, all associated data is permanently erased from our systems. 26.3. The Company may disclose data only when legally required (e.g., to comply with a valid subpoena or court order).

LANGUAGE​

27.1. This Agreement is drafted in English, French, Danish, Spanish, and German. In the event of any discrepancy between versions, the English version shall prevail.

CONTACT INFORMATION​

If you have any questions about this Agreement, please contact us at: Cadence.day 2 Danziger Str, Berlin 10435, Germany Email: admin@cadence.day Website: https://docs.cadence.day/ BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE LICENSED APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT USE THE LICENSED APPLICATION AND SHOULD DELETE IT FROM YOUR DEVICE IMMEDIATELY.