Terms of Service for Ounces and Ounces+ Mobile Apps
Effective Date: April 16, 2025
These Terms of Service (“Terms”) govern your use of the mobile applications Ounces and Ounces+ (collectively, the “Apps”), provided by me, Tyler Marsh, an individual operating as a sole proprietor doing business as Marsh Capital (“I,” “me,” or “my”). The Apps are designed to help users track their physical precious metals and bullion. By downloading, installing, or using the Apps, you agree to be bound by these Terms. If you do not agree, please do not use the Apps.
1. Acceptance of Terms
By accessing or using the Apps, you acknowledge that you have read, understood, and agree to these Terms, as well as my Privacy Policy (info@ouncesapp.com) (available in the Apps and app store listings). I may update these Terms from time to time, and changes will be effective upon posting in the Apps or via other reasonable means, with the new effective date noted. Your continued use of the Apps after updates constitutes acceptance of the revised Terms.
2. Description of Services
- Ounces: A free mobile application that allows users to track their physical precious metals and bullion. All data entered is stored locally on your device.
- Ounces+: A subscription-based version of the App offering additional features for tracking physical precious metals and bullion. All data entered is stored locally on your device.
- The Apps are provided for personal use and are not intended to offer financial advice, investment recommendations, or guarantees about market performance.
3. Subscription Terms for Ounces+
- Subscription Plans: Ounces+ is available via subscription through the Apple App Store or Google Play. Current pricing is $1.99 per month or $19.99 annually (subject to change). Pricing may vary by region due to taxes, currency conversion, or platform policies. The applicable price will be displayed in the App before you subscribe.
- Auto-Renewal: Subscriptions automatically renew monthly or annually (based on your chosen plan) unless canceled at least 24 hours before the renewal date. Your Apple or Google account will be charged for renewal at the displayed price.
- Cancellation: You may cancel your subscription at any time through your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to Ounces+ features until that period ends.
- No Trial Period: Ounces+ does not offer a free trial, as the free version (Ounces) is available for users to try the App’s core functionality.
- Platform Management: Subscriptions, payments, and cancellations are managed by Apple or Google, not by me directly. Please review the Apple App Store (https://www.apple.com/legal/internet-services/itunes/) or Google Play (https://play.google.com/about/play-terms/) terms for details.
4. Refund Policy
- Refunds for Ounces+ Subscriptions: All subscription payments are processed by the Apple App Store or Google Play, and refunds are subject to their respective refund policies. I do not directly process or control refunds.
- Requesting a Refund: To request a refund, contact Apple (via your App Store account or https://support.apple.com/billing) or Google (via your Google Play account or https://support.google.com/googleplay). Refund eligibility depends on the platform’s policies and applicable laws.
- Regional Laws: In certain regions, such as the European Union, you may have a 14-day right to withdraw from digital subscriptions under consumer protection laws. Apple and Google handle such requests in accordance with their policies. Please contact the respective platform for assistance.
- No Additional Refunds: I do not offer refunds beyond those provided by Apple or Google, as I do not directly manage payment processing.
5. User Conduct
You agree to use the Apps in compliance with applicable laws and these Terms. You may not:
- Modify, reverse-engineer, decompile, or attempt to derive the source code of the Apps.
- Use the Apps for illegal activities or to harm others.
- Share, distribute, or reproduce the Apps without my permission.
- Interfere with the Apps’ functionality or security.
- I reserve the right to terminate your access to the Apps if you violate these Terms.
6. Intellectual Property
- My Ownership: I own all rights, title, and interest in the Apps, including their code, design, and content (excluding user data). The Apps are licensed to you for personal use, not sold.
- Your Data: You retain ownership of any data you enter into the Apps (e.g., precious metals tracking information). I do not access, store, or use this data, as it is stored locally on your device.
- License to Use: By using the Apps, I grant you a non-exclusive, non-transferable, revocable license to use the Apps for personal, non-commercial purposes, subject to these Terms.
7. Financial Disclaimer
The Apps are tools for tracking physical precious metals and bullion. They do not provide financial advice, investment recommendations, or guarantees about the value or performance of precious metals. You are solely responsible for any decisions made based on information tracked in the Apps. Consult a qualified financial advisor for investment or financial advice.
8. Disclaimers
- As-Is Basis: The Apps are provided “as is” without warranties of any kind, express or implied, including warranties of accuracy, reliability, or fitness for a particular purpose.
- No Guarantee: I do not guarantee that the Apps will be error-free, uninterrupted, or compatible with all devices. You use the Apps at your own risk.
- Data Loss: As data is stored locally on your device, you are responsible for backing up your data. I am not liable for any loss of data due to device failure, app uninstallation, or other causes.
9. Limitation of Liability
To the maximum extent permitted by law, I am not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Apps, including but not limited to loss of data, profits, or financial losses. My total liability, if any, is limited to the amount you paid for your Ounces+ subscription, if applicable. Some jurisdictions do not allow certain limitations, so these may not apply to you.
10. Termination
- By You: You may stop using the Apps at any time by uninstalling them. For Ounces+, cancel your subscription via Apple or Google to end billing.
- By Me: I may terminate or suspend your access to the Apps at my discretion, including for violations of these Terms or if I discontinue the Apps.
- Effect of Termination: Upon termination, your license to use the Apps ends, and you must cease using them. Locally stored data may be deleted upon uninstallation.
11. Governing Law
These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Apps will be resolved in the courts of British Columbia, Canada, unless otherwise required by applicable law (e.g., consumer protection laws in your jurisdiction).
12. Changes to the Apps
I may update, modify, or discontinue the Apps or their features at any time without notice. I am not liable for any impact these changes may have on your use of the Apps.
13. Contact Me
If you have questions, concerns, or requests regarding these Terms or the Apps, please contact me at:
Tyler Marsh, doing business as Marsh Capital
14-24086 104 Ave.
Maple Ridge, B.C. Canada V2W 1J2
Email: info@ouncesapp.com (info@ouncesapp.com)
For data-related requests (e.g., GDPR or CCPA), please include “Data Subject Request” in the subject line.