Pocket Bench: Terms of use
. This page applies from the app’s first release.
Pocket Bench is made by Bounceback Studios (“we”, “us”), the registered business name of a sole trader in Australia, ABN 24 362 033 828. Contact: support@bouncebackstudios.app.
By installing or using Pocket Bench you agree to these terms. How we handle data is described in our Privacy policy: https://bouncebackstudios.app/pocket-bench/privacy/.
1. Your rights come first
Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, including the consumer guarantees, or under any other law that cannot be excluded, restricted or changed by agreement. That includes consumer protection laws where you live, including the Consumer Rights Act 2015 if you are in the United Kingdom. Every other part of these terms applies only to the extent the law allows, and if a part would take away one of those rights it does not apply to that extent.
2. Your licence to use the app
We give you a personal, non-exclusive, non-transferable licence to install and use the app on devices you own or control, as these terms and the store you got it from allow. You may use it for yourself, at work or for a business. The app, its design, text and code stay ours or our licensors’. Please don’t copy, modify, reverse-engineer, resell or redistribute the app, or use it to break the law or anyone else’s rights, except as the law allows. If you seriously break these terms we may end your licence; you can stop using the app and uninstall it at any time.
3. The app and your data
Pocket Bench is a set of small tools. Everything you set up in it is saved on your device. Uninstalling the app or clearing its data deletes that from the app (on iPhone and iPad, see the Privacy policy for what iOS may keep). We hold no copy and cannot restore it. There is no account, and we keep no cloud copy; your phone’s own backup may hold some of it, as the Privacy policy explains.
4. Your own servers and systems
Some tools connect to servers and other systems that you run and that you add to the app yourself. For those tools:
- use them only with systems you own or have permission to manage;
- actions you take in the app, such as starting, stopping or restarting something, or changing a setting, are carried out on your system and are your responsibility, so check what an action will do before you confirm it;
- keeping those systems secure, backed up and up to date is up to you, as is who can reach them;
- anyone who can use your unlocked phone can use the tools you have set up, so keep your phone locked; if you use an address that starts with
http://, or accept a certificate, you accept the risks the app describes when you do so; - the software on those systems is made by other people. Pocket Bench is an independent app. It is not made, endorsed or supported by the makers of that software, and their names belong to them. If that software changes, a tool may stop working, and we may not be able to update it.
5. Purchases
The app is free to install. It may later offer a one-time purchase. If it does, the purchase will be made and paid for through Apple’s App Store or Google Play under their terms, and what it unlocks and its price will be shown in the app before you buy. There is no subscription and there are no ads.
6. Refunds and consumer guarantees
If the app or a purchase doesn’t do what it should, you have rights. In Australia the app and its purchases come with guarantees under the Australian Consumer Law that cannot be excluded, and you are entitled to a remedy from us if they are not met. Consumer laws where you live may give you similar rights.
The quickest way to ask for a refund is usually the store you paid through: Google Play (Order history in the Play Store app or at play.google.com) or Apple (reportaproblem.apple.com, or your purchase history in Settings). The store’s refund policy is in addition to your legal rights, not instead of them. If the store can’t help, or you would rather talk to us, email support@bouncebackstudios.app and we will sort it out with you.
7. Changes and the end of the app
We may change, update, add or remove tools and features. We may also stop developing, updating or supporting the app, or remove it from a store, at any time and for any reason, including permanently. If that happens, we don’t delete the copy already on your device, but we can’t promise it will keep working with newer phones, operating systems or versions of the software on your servers. We won’t take away something you paid for without giving you reasonable notice, in the app where we can, and, where the law requires it, a remedy such as a refund. A purchase made through a store is recorded against your store account by that store. Your rights under the law and the store’s policies are not affected.
8. Our responsibility
Subject to section 1:
- the app is provided as it is, without any warranties other than those the law gives you;
- we can’t promise the app will always be available or free of errors, or that what it shows about your systems is complete, current or correct, so don’t rely on it as your only way to monitor or control something important;
- we are not liable for loss that neither of us could reasonably have foreseen when you started using the app, for loss caused by something that was not our fault, or for loss on or to your own servers and systems to the extent it was caused by actions you chose to take, by how those systems are set up, or by the software running on them, rather than by a fault in the app;
- if you use the app for a business or at work, we are not liable for business losses such as lost profit, revenue, data or downtime;
- our total liability to you for everything connected with the app is limited to the greater of AUD 100 and the amount you paid us for it in the 12 months before the claim.
Nothing in this section limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not let us limit.
9. App stores
Google Play. Google Play’s own terms and refund policy apply to downloads and purchases made there. Google is not a party to these terms.
Apple App Store. If you got the app from Apple’s App Store, Apple is the seller of purchases made through the App Store, and Apple’s standard Licensed Application End User License Agreement also applies, and where it conflicts with these terms it governs the licence from the App Store. These terms are between you and us, not Apple. Apple has no obligation to maintain or support the app, and is not responsible for it, for any claim about it (including product liability, consumer protection, privacy or intellectual property claims), or for addressing your claims under these terms; if the app fails to meet a warranty Apple gives you, you may tell Apple and it may refund the price you paid, and that is Apple’s only warranty obligation. You confirm you are not in a country under a United States government embargo or designated as supporting terrorism, and not on a United States government list of prohibited or restricted parties. You must comply with any third-party terms that apply when you use the app. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
10. Changes to these terms
We may update these terms, for example when the app, the law or a store policy changes. We will change the date at the top of this page and list the change, with its date and the full text of the earlier version, at https://bouncebackstudios.app/pocket-bench/privacy/changes/ before it applies. A change never reduces your rights over something you already paid for. The current version is at https://bouncebackstudios.app/pocket-bench/terms/. If you don’t agree with a change, you can stop using the app and uninstall it at any time.
11. Age
The app is meant for people aged 18 and over. It is not meant for children.
12. Problems and disputes
If something goes wrong, please email us first and give us a reasonable chance to fix it; most problems are solved that way. Nothing here stops you using your local consumer protection body, a court or a tribunal, or any dispute resolution process the law gives you.
13. General
These terms are governed by the laws of the Australian Capital Territory, Australia, and the courts there have non-exclusive jurisdiction. If you live elsewhere, nothing here takes away the protection of the consumer law where you live or your right to bring a claim there. If part of these terms can’t be enforced, the rest still applies. If we don’t enforce a term straight away, we can still enforce it later. These terms, our Privacy policy and the store’s terms are the whole agreement between you and us about the app. You may not transfer your rights under these terms. We may transfer the app and these terms to another business that takes it over; that will not reduce your rights. Support is by email, on a best-effort basis.
14. Contact
Bounceback Studios (ABN 24 362 033 828), support@bouncebackstudios.app