Terms of Service

These Terms of Service ("Terms") are an agreement between you and Your Company ("Blinkwell", "we", "us"). They govern your use of the Blinkwell desktop app, the website at https://blinkwell.app, and any related services we offer (together, the "Services").

By creating an account, downloading the app, or using the Services, you confirm that you have read these Terms and accept them. If you don't agree, please don't use the Services.

You must be at least 13 years old (16 in the EU/UK) to use Blinkwell. If you're using the Services on behalf of an organisation, you confirm you have authority to bind that organisation to these Terms.

We grant you a personal, non-exclusive, non-transferable, revocable license to install and run the Blinkwell desktop app on Macs you own or control, for your own use, for as long as you comply with these Terms.

You may:

• Use the app for its intended purpose.
• Adjust any setting the app exposes.
• Uninstall the app at any time.

You may not:

• Reverse-engineer, decompile, or otherwise try to derive the source code of the app, except where applicable law specifically permits it.
• Sublicense, resell, redistribute, or rebrand the app or any of its components.
• Bypass, disable, or interfere with any security feature (including the Network Auditor, license checks, or rate-limits).
• Use the Services to do anything illegal, infringe anyone else's rights, or harass anyone.
• Use the camera-tracking features to surveil another person without their informed consent.

Blinkwell is wellness and ergonomics software. It is not a medical device. It does not diagnose, treat, cure, or prevent any disease, injury, or condition.

The blink-rate, eye-aspect-ratio, and posture estimates the app produces are best-effort signals to help you take more breaks and sit a little straighter. They can be wrong. They should not be relied upon for any clinical, medical, or safety decision. If you have, suspect, or are at risk of any eye, musculoskeletal, neurological, or psychiatric condition, please consult a qualified healthcare professional.

You are responsible for keeping your account credentials confidential and for everything that happens under your account. Tell us promptly at [email protected] if you suspect unauthorised access.

We may require email verification before you can use certain features, and we may suspend an account that appears compromised or that has been inactive for an extended period.

Some features of Blinkwell may be paid. The price, billing frequency, and what each plan includes will be shown on the pricing page at the time of purchase. We may change prices for new purchases at any time; existing paid plans keep their price for the remainder of the current billing period.

You can cancel a paid plan at any time from your account settings. Cancelling stops future renewals; it does not retroactively refund the current period unless we explicitly say otherwise or local law requires it.

If something goes seriously wrong on our end, write to us — we'd rather refund a fair customer than argue.

Blinkwell, the desktop app, the website, and all of their source code, designs, logos, copy, and underlying technology are owned by us or our licensors and are protected by copyright, trademark, and other laws.

Anything you generate while using the app stays yours. Since the app processes camera frames on-device and does not transmit them, in practice the only data we ever see is your account information and anything you explicitly send us (e.g. a support email).

If you send us feedback, suggestions, or bug reports, you grant us an irrevocable, royalty-free license to use them to improve the Services. You don't have to send feedback — but if you do, we may act on it without owing you anything.

We aim to make the Services available continuously, but we can't promise uninterrupted operation. We may take the Services down for maintenance, updates, security incidents, or for reasons outside our control. The desktop app keeps working on your Mac even when our website is offline, because its core features run locally.

You can stop using the Services at any time by deleting your account and uninstalling the app.

We may suspend or terminate your access if you breach these Terms, if your use creates a security or legal risk for us or our users, or if we're required to by law. We'll give you reasonable notice unless an immediate termination is necessary to prevent harm. On termination, the license in section 3 ends, but the sections that should survive termination by their nature (IP, disclaimers, limitation of liability, governing law) remain in force.

The Services are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from a course of dealing or trade usage.

We don't warrant that the Services will be error-free, uninterrupted, accurate, or secure, or that any defects will be corrected.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to the Services.

Our total cumulative liability arising out of or related to these Terms is limited to the amount you paid us in the twelve months preceding the event giving rise to the claim, or USD 100, whichever is greater.

Some jurisdictions don't allow these limits — in those places, the limits apply only to the extent permitted.

You agree to indemnify and hold us harmless from any third- party claims, losses, or expenses (including reasonable attorneys' fees) that arise out of your use of the Services in breach of these Terms or in violation of any law or third-party right.

These Terms are governed by the laws of the jurisdiction in which Your Company is established, without regard to its conflict-of-laws principles. Where consumer-protection law gives you mandatory rights, those rights are not affected.

The courts of that jurisdiction will have exclusive jurisdiction over any dispute, except where local law guarantees you the right to bring proceedings in your own country.

We may update these Terms from time to time. The latest version is always at this URL with a "Last updated" date. For material changes that affect your rights or obligations, we'll email account holders at least 14 days before the change takes effect. Continued use after a change means you accept the updated Terms.

These Terms (together with the Privacy Policy and any plan- specific terms) make up the entire agreement between you and us about the Services. If a court finds any part unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them as part of a corporate transaction.

Questions? Email [email protected].