Terms of Service

1. Agreement

These Terms of Service are an agreement between you and Westerby Labs, LLC ("we," "us") about your use of the FlagPole app and the website at flagpoleapp.com. By downloading, using, or signing up through them, you agree to these terms. If you do not agree, please do not use FlagPole.

2. Your license to the app

We grant you a personal, limited, non-transferable, non-exclusive license to use FlagPole on Apple devices you own or control, for your own non-commercial use, subject to these terms and to the App Store Terms of Service.

Because FlagPole is distributed through Apple's App Store, Apple's standard Licensed Application End User License Agreement also applies, and where it is stricter than these terms, it controls. You can read it at apple.com/legal/internet-services/itunes/dev/stdeula. Apple is not a party to these terms and is not responsible for the app, but Apple and its subsidiaries are third-party beneficiaries of them and may enforce them.

3. Subscriptions and billing

FlagPole is free to download and begins with a free trial. Continued use requires FlagPole premium, an auto-renewing subscription available as a 1-week (weekly) plan or a 1-year (yearly) plan.

• Free trial. Any free trial automatically converts to a paid subscription unless you cancel at least 24 hours before the trial ends. If you buy a subscription, any unused portion of a free trial is forfeited where the law allows.
• Price. The current price for each plan, in your local currency, is shown in the app and on the App Store before you buy. Prices may change, and we will tell you in advance where the law requires it.
• Auto-renewal. A subscription renews automatically for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple account is charged for the renewal within 24 hours before the period ends.
• Managing or canceling. You manage and cancel from your Apple account settings, under Subscriptions. Canceling stops future renewals; the plan stays active until the end of the period you already paid for.
• Payment and refunds. Apple processes the payment, and refunds are handled by Apple under its policies. You can request one at reportaproblem.apple.com.

This section sits alongside our Privacy Policy, which explains how subscription information is handled.

4. The website and launch list

If you give us your email to be notified at launch, you confirm it is yours and that you would like to hear from us about FlagPole. You can unsubscribe or ask us to delete your email at any time, as described in the Privacy Policy.

5. Acceptable use

Please use FlagPole as intended. Do not reverse engineer, decompile, or attempt to extract the source code except where the law expressly allows it; do not resell or redistribute the app; and do not use it to break the law or to interfere with the service or with others' use of it.

6. The Almanac is information, not advice

FlagPole's almanac, flag-status guidance, and etiquette content are provided to inform, and we work hard to keep them accurate and tied to the U.S. Flag Code and standing federal proclamations. Even so, observances and proclamations can change, and special half-staff orders are issued from time to time. For any official or legally significant purpose, confirm current proclamations from an authoritative government source. FlagPole is not affiliated with, or endorsed by, any government agency.

7. Intellectual property

The FlagPole app, the name "FlagPole," the FlagPole brand, the website, and our original designs and artwork are owned by Westerby Labs, LLC and are protected by intellectual property laws. The United States flag and the text of the U.S. Flag Code are in the public domain; the way FlagPole renders, frames, and presents the flag, and the app and site around it, are ours. These terms do not give you the right to use our names or marks without our permission.

8. Disclaimers

FlagPole is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent allowed by law. We do not warrant that the app will be uninterrupted, error-free, or always accurate.

9. Limitation of liability

To the fullest extent permitted by law, Westerby Labs, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or relating to your use of FlagPole. To the extent we are found liable for anything, our total liability will not exceed the greater of the amount you paid us in the twelve months before the claim, or twenty US dollars.

10. Changes

We may update the app and these terms over time. When we change the terms, we will revise the date above, and continuing to use FlagPole after a change means you accept the updated terms.

11. Governing law

These terms are governed by the laws of the State of Minnesota, United States, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located there, and you and we consent to their jurisdiction, except where applicable law gives you the right to bring a claim elsewhere.

12. Contact

Questions about these terms: [email protected], Westerby Labs, LLC.