Terms of Service

By accessing or using any BMcks Apps application, website, or service (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not access or use the Services.

These Terms constitute a legally binding agreement between you and BMCKSAPPS LLC ("BMcks Apps," "we," "us," or "our"), a company operated by a founder based in Silicon Valley, California.

By using the Services you represent that you are at least 13 years old (or the minimum age required by law in your jurisdiction). Users under 18 may not purchase subscriptions or paid content without parental consent.

BMcks Apps is a portfolio of consumer web applications spanning wellness, finance, fitness, nutrition, spiritual development, and education. The Services include:

We may add, modify, or discontinue any application or feature at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Core features of most apps work without an account — stored locally on your device. Some features require account registration, including cross-device sync, SmartTutor school access, and subscription management.

• You must provide accurate and complete information when creating an account
• You must be at least 13 years of age (or the applicable minimum age in your jurisdiction) to create an account
• You are responsible for maintaining the accuracy of your registration information
• Each person may maintain only one account; duplicate accounts may be suspended

We offer sign-in via Google OAuth as a convenience. When you authenticate through Google:

• We receive your Google account email address, name, and profile picture from Google
• We use this information only to create and manage your BMcks Apps account
• Revoking BMcks Apps' access in your Google account settings will prevent future Google sign-ins but will not delete your BMcks Apps account
• Google's own terms and privacy policy govern Google's handling of your authentication data

• You are responsible for keeping your login credentials confidential
• You are solely responsible for all activity that occurs under your account
• Notify us immediately at info@bmcksapps.com if you suspect unauthorised access to your account
• We reserve the right to require you to change your password if we believe your account security has been compromised
• Do not share your account credentials with other individuals

You may close your account at any time by contacting us at info@bmcksapps.com. We may suspend or terminate your account if:

• You violate these Terms of Service
• You engage in fraudulent or abusive behaviour
• We are required to do so by law or court order
• Continued provision of your account is no longer commercially viable

Upon termination, your right to use the Services ceases immediately. Subscription fees already paid are non-refundable except where required by applicable law.

Certain features require a paid subscription or credit pack. All purchases are processed securely by Stripe. By purchasing a subscription or credit pack, you agree to the following terms.

• Subscriptions — Refundable within 30 days of purchase only if no AI features have been accessed and no credits have been consumed. After 30 days or if features have been used, no refund is available.
• All-Access Lifetime — Refundable within 30 days of purchase subject to the same conditions above.
• Credit packs — Non-refundable once purchased regardless of usage.
• To request a refund (where eligible), email info@bmcksapps.com with your Stripe receipt within the applicable window.

All monthly and annual subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled before the renewal date. You authorise BMcks Apps (via Stripe) to charge your payment method on file on each renewal date.

• Cancellation: Cancel anytime before your renewal date through your account settings or by contacting info@bmcksapps.com. Cancellation takes effect at the end of the current billing period — you retain access until then.
• Price changes: We will notify you of material price changes at least 30 days in advance. Continued use after the effective date constitutes acceptance of the new price.
• Failed payments: If a charge fails, we may retry the charge. Failure to resolve the payment may result in suspension of your subscription.

• All prices are in USD and include applicable taxes where required by law
• Credits are non-transferable, have no cash value, and expire with your account
• Chargebacks initiated outside of our refund policy may result in account suspension
• Payment card data is handled exclusively by Stripe — we never store your card number

Several BMcks Apps include AI-powered features (coaching, insights, meal plans, journaling, recommendations) generated using third-party AI models, including OpenAI's API.

• AI features are optional premium upgrades — all core app features work without AI
• AI-generated responses may not be accurate, complete, or appropriate for your specific situation
• We do not guarantee the availability, accuracy, or continued access to AI features
• When you use AI features, relevant data (such as journal entries, meal logs, or sleep data) is transmitted to OpenAI for processing — see our Privacy Policy
• BMcks Apps is not responsible for decisions you make based on AI-generated content

Users on the All-Access Lifetime plan are subject to a fair-use limit of 150 AI queries per month. This limit resets on the first day of each calendar month.

SmartTutor is BMcks Apps' AI-powered education platform designed for use in K–12 schools. Additional terms apply to SmartTutor users, including students, teachers, and school administrators.

• Schools that access SmartTutor agree to act as the authorised party responsible for student data and parental consent
• We collect student educational records (including usage data, quiz results, and learning progress) solely to provide the SmartTutor service
• Student data is not used for advertising, model training, or any purpose other than educational service delivery
• School administrators may request deletion of all student data by contacting info@bmcksapps.com

BMcks Apps operates as a "school official" under the Family Educational Rights and Privacy Act (FERPA) with a legitimate educational interest in the data accessed. We:

• Use student education records only as directed by the school and for purposes authorised under FERPA
• Do not re-disclose student education records without the school's authorisation, except as permitted by law
• Maintain reasonable security safeguards for student data
• Return or destroy student data upon request or upon termination of the school's use of SmartTutor

SmartTutor may be used by children under 13 only within the context of a school environment where the school has obtained appropriate parental consent as required by the Children's Online Privacy Protection Act (COPPA). We:

• Do not knowingly collect personal information from children under 13 outside of a school-authorised context
• Rely on schools to obtain and maintain required parental consent for students under 13
• Do not subject student data to behavioural advertising
• Collect only the minimum student data necessary to provide the educational service

• Teachers and administrators are responsible for ensuring that students only access appropriate content
• Teachers must not share their administrator credentials with students
• Teachers are responsible for monitoring student use of AI features and providing appropriate context and guidance
• Schools are responsible for ensuring SmartTutor use complies with their own institutional policies and applicable law

• Students may only access SmartTutor through school-authorised channels
• Students must not attempt to access other students' accounts or data
• Students must use SmartTutor solely for legitimate educational purposes
• Academic honesty policies set by the student's school apply to work produced with or assisted by SmartTutor's AI features

You agree to use the Services only for lawful purposes and in accordance with these Terms. The following are expressly prohibited:

• Abuse or harassment — You may not use the Services to harass, abuse, threaten, or harm any other person
• Reverse engineering — You may not attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any part of the Services
• Scraping & automated access — You may not use automated tools (bots, crawlers, scrapers) to access, extract, or copy content from the Services at scale without our express written permission
• Interference — You may not attempt to disrupt, disable, or interfere with the availability, integrity, or performance of the Services or any related infrastructure
• Circumventing access controls — You may not bypass, disable, or circumvent any security, authentication, or access-control measures
• Fraudulent activity — You may not use the Services to engage in fraud, impersonation, or any deceptive practices
• Unlawful purposes — You may not use the Services in any manner that violates applicable local, national, or international law or regulation
• Minor restrictions — Users under 13 may not create accounts outside of the SmartTutor school context; users under 18 may not purchase subscriptions without parental consent

Violation of these provisions may result in immediate account suspension or termination, and may subject you to civil or criminal liability.

The Services — including all software, code, design, graphics, text, user interface elements, databases, and AI-generated content produced by the platform — are the exclusive property of BMCKSAPPS LLC, protected by copyright, trademark, and other applicable intellectual property laws.

• The BMcks Apps name, logo, and product names are trademarks of BMCKSAPPS LLC
• You may not use our trademarks, logos, or trade dress without our express written permission
• No rights or licences to the platform's intellectual property are granted to you except the limited right to use the Services as described in these Terms
• You may not copy, reproduce, distribute, or create derivative works from any part of the Services without our written consent

Content you create within the Services — journal entries, workout logs, meal records, budgets, notes, and other personal data — belongs to you. We do not claim ownership over your personal content.

• You grant BMcks Apps a limited, non-exclusive, royalty-free licence to store, display, and process your content solely for the purpose of providing the Services to you
• This licence terminates when you delete your content or close your account
• We do not use your personal content for advertising, model training, or any purpose other than delivering the Services you requested
• You may export or delete your data at any time using in-app tools or by submitting a Data Deletion Request

If you provide feedback, suggestions, or ideas about the Services, you grant us an irrevocable, royalty-free, worldwide right to use that feedback for any purpose without any obligation to you.

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted, secure, or error-free.

For mental health crises, call or text 988 (Suicide & Crisis Lifeline) or go to your nearest emergency room.

BudgetBoss and any financial tracking features provide general tools for personal organisation only. Nothing in the Services constitutes financial, investment, tax, or legal advice. Consult a qualified professional for financial decisions.

To the fullest extent permitted by applicable law, BMCKSAPPS LLC and its developer shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of — or inability to use — the Services, including but not limited to:

• Physical injury or health consequences from exercise, diet, or wellness information
• Financial loss from decisions informed by the apps
• Data loss, corruption, or unauthorised access to your data
• Reliance on AI-generated advice, recommendations, or content
• Any interruption, suspension, or discontinuation of the Services

Our total cumulative liability to you for any claims arising under these Terms shall not exceed the greater of (a) the total amount you paid us in the 12 months preceding the claim or (b) USD $100.

Some jurisdictions do not allow the limitation of implied warranties or exclusion of certain damages, so the above limitations may not apply to you in full.

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, store, and protect your data.

• Core app features are device-first — data is stored locally and no account is required
• Some features (AI coaching, journal sync, subscription management) transmit data to our servers or third-party providers
• We do not sell your personal data to advertisers or data brokers
• You may request deletion of server-side data at any time via our Data Deletion Request form

For the full details of our data practices, see our Privacy Policy at bmcksapps.com/privacy. Questions? Email info@bmcksapps.com.

We reserve the right to update or modify these Terms of Service at any time. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• For material changes, provide notice through the Services or via email (if we have your email on file) at least 14 days before the changes take effect
• For minor changes or clarifications, update the page without advance notice

Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of those Terms. If you do not agree to the revised Terms, you must stop using the Services before the effective date.

These Terms of Service and any dispute arising from your use of the Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in California, and you hereby consent to the personal jurisdiction of those courts.

Before bringing formal legal action, we encourage you to contact us at info@bmcksapps.com so we can attempt to resolve any dispute informally. We will make a good-faith effort to address your concerns within 30 days.

Questions about these Terms? Reach us at:

Email: info@bmcksapps.com

Website: bmcksapps.com

We aim to respond to all legal inquiries within 5 business days.