Terms of Service

1. Agreement to these Terms

By downloading, accessing, or using the One83 mobile application (the "App"), you agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy. If you do not agree, do not use the App. If you use the App on behalf of an entity, you represent that you have authority to bind that entity.

These Terms are an agreement between you and Kallos Labs LLC only, not with Apple Inc. ("Apple") or Google LLC ("Google"). Apple and Google are not responsible for the App or its content, and have no obligation to provide maintenance or support for it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

2. The App is not tax, legal, or accounting advice

The App is an informational and record-keeping tool only. Nothing in the App, including day counts, presence statuses, projections, notifications, exports, reports, or any other output (collectively, "Outputs"), constitutes tax advice, legal advice, accounting advice, or a professional opinion of any kind, and no professional-client relationship of any kind is created by your use of the App.

Determining bona fide residency in Puerto Rico, eligibility for or compliance with Act 60 (or its predecessor Acts 20 and 22), the presence test under 26 C.F.R. section 1.937-1, or any other tax status involves legal and factual questions that this App does not and cannot resolve. Rules change; your circumstances are unique. You must consult a qualified tax professional or attorney before relying on any Output for any filing, election, decree compliance obligation, audit response, or other decision.

3. Outputs are estimates; you are responsible for verifying them

The App infers travel and presence from data sources that are inherently incomplete and error-prone, including calendar events created by third-party services, heuristic parsing of event text, and your own manual entries. Among other limitations, the App may miss trips, misread flight information, mis-assign dates near midnight boundaries, or rely on calendar data that is itself wrong or missing.

You acknowledge and agree that: (a) all Outputs are estimates; (b) you are solely responsible for reviewing, correcting, and independently verifying every day record against your own records such as boarding passes, passport stamps and receipts; (c) the App's records are not official evidence and may not be accepted by the IRS, the Puerto Rico Department of Treasury (Hacienda), the DDEC, or any other authority; and (d) you bear sole responsibility for your tax positions, filings, elections, decree obligations, and the consequences of relying on any Output.

4. Eligibility and connected accounts

You must be at least 18 years old to use the App. The App has no account of its own and no sign-up: there is nothing to register and no credentials for us to hold. If you connect a Google account for calendar access, you are responsible for maintaining control of that account and for the accuracy of the calendar data you provide. You may disconnect the App's read-only calendar access at any time in the App's settings or at your Google account's security settings.

5. License and acceptable use

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, in accordance with these Terms and the applicable app store's usage rules. You may not: (a) copy, modify, distribute, sell, sublicense, or lease the App; (b) reverse engineer or attempt to extract source code except where such restriction is prohibited by law; (c) use the App in violation of any law; or (d) use the App to develop a competing product.

6. Subscriptions, billing, and refunds

The App's core day-tracking features are free, and your recorded history is never locked behind a subscription. Optional paid subscriptions unlock additional features such as encrypted backup files, exports and reports, the widget, and evidence tools. Where offered:

• Plans. Premium is $79.99 per year or $9.99 per month. Audit Defense is $299 per year at the standard price, with a founding member plan at $99 per year while it is offered. Prices are in U.S. dollars, exclude applicable taxes, and may differ in other storefronts.
• Free trial. Every paid plan starts with a 14 day free trial. Unless you cancel before the trial ends, the subscription begins and your store account is charged at the price shown at purchase.
• Founding member price. The founding member plan is a distinct store product whose price we do not raise. It stays at the price you bought it for as long as your subscription remains active. If the subscription lapses or you cancel, the plan may no longer be available to buy again and the standard price applies.
• Billing. Subscriptions are billed through your Apple App Store or Google Play account at the price shown at purchase, plus applicable taxes. We never see or handle your card details.
• Auto-renewal. Subscriptions renew automatically for successive periods equal to the initial term unless cancelled at least 24 hours before the end of the current period. Your store account is charged for renewal within 24 hours before the current period ends.
• Cancellation. You can cancel anytime in your App Store or Google Play account settings; cancellation takes effect at the end of the current billing period. We hold no account of yours and cannot cancel on your behalf. Deleting the App does not cancel a subscription.
• Refunds. Payments are processed by Apple or Google, and refunds are governed by their policies; we do not control and cannot issue store refunds except where required by law.
• Changes. We may change subscription prices or features prospectively, apart from the founding member price described above; changes apply no earlier than your next renewal, and notice will be provided as required by the applicable store.

7. Your data

The App stores your presence record locally on your device. We keep no copy: there is no account and no server-side backup. Our collection and handling of information is described in the Privacy Policy, which is incorporated into these Terms. You are responsible for maintaining your own backups and for exporting your records regularly; creating a backup file does not shift that responsibility, and where a backup file is encrypted with a passphrase, we never see that passphrase and cannot recover the file if you lose it. Local data can be lost through device loss, theft, or damage, operating system or App updates, uninstalling or reinstalling the App, failed restores, or storage failures. To the maximum extent permitted by law, we are not liable for any loss, corruption, or unrecoverability of your data, however caused, whether stored on your device or in a backup file you created.

8. Third-party services

The App interoperates with third-party services, including Google Calendar, Apple and Google billing, and error-diagnostics providers. Those services are governed by their own terms and privacy policies, we do not control them, and we are not responsible for their acts, omissions, availability, or data accuracy.

9. Intellectual property

The App, including its software, design, and content (excluding your data), is owned by Kallos Labs LLC or its licensors and is protected by intellectual-property laws. Feedback you send us may be used without restriction or compensation.

10. Termination

You may stop using the App at any time and may delete all App data in Settings, then Delete All Data. We may suspend or terminate your access to the App, or any feature, at any time for any reason, including violation of these Terms. We may also modify, suspend, or discontinue the App, the website, or any feature at any time, with or without notice, and to the maximum extent permitted by law we will not be liable to you for doing so. Sections 2, 3, and 9 through 16 survive termination.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL DETECT ALL TRAVEL, THAT ANY OUTPUT IS CORRECT, THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCEPTED BY ANY TAX AUTHORITY. NO ORAL OR WRITTEN INFORMATION OBTAINED FROM US OR THE APP CREATES ANY WARRANTY.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In the event of any failure of the App to conform to an applicable warranty that cannot be disclaimed, you may notify Apple and Apple will refund the purchase price of the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL KALLOS LABS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR, WITHOUT LIMITATION, ANY TAXES, PENALTIES, INTEREST, FINES, LOSS OF TAX BENEFITS, LOSS OR REVOCATION OF ANY ACT 60 DECREE OR OTHER TAX STATUS, AUDIT COSTS, OR PROFESSIONAL FEES, ARISING OUT OF OR RELATED TO THE APP OR ANY OUTPUT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF FIFTY U.S. DOLLARS (US $50) OR THE AMOUNTS YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

The exclusions and limitations in this section do not apply to liability that cannot be excluded or limited under applicable law, for example certain statutory consumer rights, or liability for gross negligence, willful misconduct, death, or personal injury where such limitation is prohibited. In jurisdictions that limit such exclusions, our liability is limited to the maximum extent permitted.

You acknowledge that the pricing of the App reflects this allocation of risk and that we would not provide the App on these economic terms without these limitations.

13. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Kallos Labs LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App or reliance on any Output; (b) your tax positions, filings, residency claims, or decree obligations; (c) your violation of these Terms or of any law; or (d) your data or content.

14. Dispute resolution, arbitration, class-action waiver

Please read this section carefully: it affects your rights. Except for small-claims matters and where prohibited by law, any dispute arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Albuquerque, New Mexico, or by video or phone at your option, rather than in court. YOU AND KALLOS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. You may opt out of this arbitration agreement by emailing support@one83.app within 30 days of first accepting these Terms. Claims must be brought within one (1) year after they accrue, to the extent permitted by law.

15. Governing law

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws principles, and subject to any mandatory consumer protections of your place of residence. Any claims not subject to arbitration will be brought exclusively in the state and federal courts located in Albuquerque, New Mexico.

16. General

These Terms, with the Privacy Policy, are the entire agreement between you and us regarding the App. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect; if the class-action waiver is held unenforceable as to a particular claim, Section 14 will not apply to that claim. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We may update these Terms from time to time; material changes will be notified in the App or by other reasonable means, and continued use after the effective date constitutes acceptance. You represent that you are not located in an embargoed country and are not on any restricted-party list, and you agree to comply with applicable export laws. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, power, internet, or telecommunications failures, acts of government, labor disputes, or the acts or omissions of app stores, hosting providers, or other suppliers.

17. Contact

Kallos Labs LLC
1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110
support@one83.app