Terms of Service
Welcome to Wendigo. These Terms of Service ("Terms") govern your access to and use of the Wendigo mobile application (the "App"), provided by Wendigo ("we," "our," or "us").
1. Overview
Wendigo is a local-first productivity app designed for gig workers, fractional professionals, and multi-client consultants. The App helps you track work time, manage clients, generate invoices, and integrate with iOS features such as Focus Filters, Siri, Live Activities, and calendar auto-detection.
Key principle: Wendigo is local-first. Your data is stored exclusively on your device. We do not operate cloud services, user accounts, or servers that store your information.
2. Eligibility
You must be at least 16 years old (or the age of majority in your jurisdiction, whichever is higher) to use the App. By using the App, you represent and warrant that you meet this requirement. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. License
3.1 Grant of License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App on any iOS device you own or control, solely for your personal or internal business use.
3.2 Restrictions
You may not:
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App
- Modify, adapt, translate, or create derivative works based on the App
- Remove, alter, or obscure any proprietary notices or labels in the App
- Use the App to build a competing product or service
- Redistribute, sublicense, lease, rent, or lend the App
- Use the App in any way that violates applicable law or regulation
3.3 Open-Source Components
The App may incorporate open-source software components. Any such components are governed by their respective licenses, which take precedence over these Terms with respect to those components.
4. Ownership and Intellectual Property
Your data: You retain all rights to the data you create and store within the App, including client information, time sessions, invoices, and estimates. Your data belongs to you, not to us.
Our IP: The App, including its software, design, branding, logos, and documentation, is owned by Wendigo and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the App itself.
5. App Features and Functionality
5.1 Local-First Storage
All data is stored locally on your device in a SQLite database. We do not maintain cloud servers that store your data. If you uninstall the App, all data is permanently deleted.
5.2 Calendar Integration
The App can read your device calendar to detect work sessions when you grant permission. Calendar access is handled through Apple's EventKit framework on-device. We do not store or transmit your calendar data.
5.3 Focus Filters
The App integrates with iOS Focus Filters to manage notifications based on context (e.g., work location, family time). This is processed entirely on your device.
5.4 Siri & App Intents
Voice commands for timer control, invoice creation, and income queries are processed through Apple's App Intents framework on your device. Voice data is not transmitted to our systems.
5.5 Invoices and Client Portals
Invoices you generate are stored locally. Client portal links, if created, make invoice data accessible to your designated clients via unique links. You are responsible for managing and sharing these links appropriately.
5.6 Currency Exchange Rates
If the App fetches currency exchange rates for multi-currency invoicing, this is done via an on-demand third-party API. No personal data is transmitted with these requests.
6. Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the App complies with all applicable local, national, and international laws and regulations, including those related to data protection, employment, and tax reporting.
7. Third-Party Services
The App may interact with or incorporate third-party services, including but not limited to:
- Apple iOS services: Calendar, Siri, Focus Filters, Live Activities, Share Sheet
- Exchange rate APIs: For currency conversion in invoicing
- SQLite.swift: Open-source database library
- SnapKit: Open-source Auto Layout library
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the functionality, availability, or practices of any third-party service.
8. Fees and Payment
During the beta period, the App is provided free of charge. Upon public release, pricing will be determined at that time. Any applicable fees will be communicated to you through the App Store at the time of purchase. All purchases through the App Store are governed by Apple's terms and conditions, including refund policies.
9. Disclaimers
9.1 "As Is" Basis
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
9.2 No Guarantee of Accuracy or Completeness
We do not warrant that the App will be error-free, uninterrupted, secure, or that any particular feature will produce accurate results. Invoice calculations, tax estimates, and time tracking are provided as tools to assist your own record-keeping — you remain solely responsible for the accuracy of your financial and tax reporting.
9.3 No Professional Advice
Nothing in the App constitutes professional financial, tax, or legal advice. The App is a productivity tool. Consult a qualified professional for advice on tax obligations, employment law, invoicing requirements, or any other legal or financial matter in your jurisdiction.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WENDIGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, or business opportunities
- Loss or corruption of data stored on your device
- Business interruption or loss of goodwill
- Errors, mistakes, or inaccuracies in invoice calculations or tax estimates
- Any losses arising from your use of or inability to use the App
Our total aggregate liability to you for any claim arising out of or relating to these Terms or the App shall not exceed the amount you paid us (if any) for the App in the twelve (12) months preceding the claim.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Wendigo and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any third-party rights, including intellectual property or privacy rights.
12. Termination
These Terms remain in effect for as long as you use the App. We reserve the right to suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, the license granted to you ceases immediately. You may delete the App from your device at any time, which will permanently remove all locally stored data.
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by updating the "Last updated" date on this page and, where feasible, by providing notice within the App. Your continued use of the App after the effective date of updated Terms constitutes your acceptance of the changes.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Canada in which Wendigo operates, and the federal laws of Canada applicable therein, without regard to conflict of law principles.
14.2 European Union Consumers
If you are a consumer resident of the European Union, the mandatory consumer protection laws of your country of residence apply, and nothing in these Terms limits your rights as a consumer under those laws. Any disputes shall be subject to the exclusive jurisdiction of the courts of your country of residence.
14.3 United Kingdom Consumers
If you are a consumer resident of the United Kingdom, these Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any disputes, subject to your mandatory statutory rights.
14.4 Australian Consumers
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that you have under the Australian Consumer Law or any other applicable law that cannot be excluded.
14.5 California Consumers
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
15. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and Wendigo regarding the App and supersede all prior or contemporaneous agreements.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Apple Notice: You acknowledge that Apple Inc. ("Apple") is not a party to these Terms and has no obligation whatsoever to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to applicable warranties, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you.
16. Contact Us
If you have questions about these Terms, please contact us.
Wendigo
Designed in Canada