Terms of Use · Disturb Me Nots

This is the agreement between you and Andriamasinoro Mandresy Fenohasina for the use of Disturb Me Nots. It is written to be read, not to be skimmed past — the sections that limit your rights are in plain language rather than buried.

Agreement to these terms

These Terms of Use (the Terms) govern your use of the Disturb Me Nots mobile application and this website (together, the Service), operated by Andriamasinoro Mandresy Fenohasina, an individual developer (“we”, “us”).

By creating an account or using the Service you accept these Terms. If you do not accept them, do not use the Service. Our Privacy Policy explains how we handle your information and forms part of this agreement.

Who may use the Service

You must be at least 13 years old to use the Service, or at least 16 if you live in a country where 16 is the minimum age for consenting to the processing of personal data. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian who agrees to these Terms on your behalf.

You may not use the Service if you are barred from doing so under applicable law, or if we have previously terminated your account.

Your account

Give accurate information when you register, and keep your email address current so we can reach you.
You are responsible for everything that happens under your account, and for keeping your credentials and your device secure.
Do not share your account, and do not let anyone else use it.
Tell us promptly at support@disturbmenots.com if you believe your account has been compromised.
One person, one account. Do not create an account for anyone else without their permission.

Licence to use the app

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control, for your own non-commercial use, subject to these Terms and to the rules of the store you downloaded it from.

We keep all rights we do not expressly grant. The Service, its name, its logo, its design and its software remain ours. You may not copy, modify, translate, reverse engineer, decompile, or create derivative works from the Service, nor remove any proprietary notice from it, except where that restriction is prohibited by law.

Acceptable use

You agree not to:

Break the law, or use the Service to help anyone else break it.
Harass, threaten, stalk, impersonate, defame, or intimidate anyone, or use the Service to monitor or control another person against their will.
Post or transmit content that is unlawful, hateful, sexually explicit, violent, or otherwise objectionable.
Add people to groups in order to spam them, or send unsolicited bulk invitations.
Attempt to guess, enumerate or scrape user codes, or otherwise try to discover accounts you were not given access to.
Probe, scan, overload or disrupt the Service or its infrastructure, or circumvent any rate limit, access control, or tier limit.
Access the Service by automated means, or build a competing product from data obtained through it.
Upload malware, or anything designed to interfere with the Service or its users.
Misrepresent your identity, or use another person’s name or picture in a way that is likely to deceive.

Content you post

You can put content into the Service: a display name, a profile picture, group names and group pictures, and status notes. That is your Content. You keep ownership of it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display your Content strictly for the purpose of operating the Service — that is, so the app can show your name, picture and status to the people you chose. This licence ends when you delete the Content or your account, except for copies retained in routine backups and for content preserved in connection with an abuse report.

You are responsible for your Content, and you confirm that you have the rights to it and that it does not infringe anyone else’s rights.

Zero tolerance for objectionable content and abusive behaviour. Content that harasses, threatens, sexualises minors, incites violence, or targets people on the basis of race, ethnicity, religion, disability, gender, age, national origin, or sexual orientation is not allowed. Accounts responsible for it are removed, generally without warning.

Blocking, reporting and moderation

Every user can block another user from inside the app. A block is enforced on our servers: the blocked person cannot send you requests or reach your profile.

Every user can also report a user or a piece of content from inside the app. Acting on a report may mean removing content, restricting an account, or terminating it. We may also act without a report, where we become aware of a violation ourselves.

Disturb Me Nots is run by one person. Rather than promise a single turnaround we could not keep across the board, here is what we commit to:

What was reported	We act
Content that is illegal, sexualises a minor, or is a credible threat of violence against someone	Immediately on becoming aware, and within 24 hours at the outside. This one has no exceptions
Harassment, hateful content, or other abusive behaviour towards a user	Within 3 business days
Spam, unwanted invitations, impersonation, and everything else	Within 7 days

Acting on a report includes deciding that no action is needed. We do not promise to write back to you about a report you filed, and our moderation decisions are at our discretion. If you think we got one wrong, email support@disturbmenots.com and say so — a person reads those.

Pictures are screened automatically before they are stored. Every profile picture and group picture is checked by an automated moderation service and rejected if it is flagged; if the check cannot be completed, the upload is refused. How that works, and who performs it, is set out in the Privacy Policy.

Nothing else is pre-screened. Display names, group names and status notes are not reviewed before they appear — they are reviewed when somebody reports them. We are not responsible for content posted by other users, and automated screening is not a guarantee: it can miss things, and it can refuse something harmless.

Not a safety or emergency service

Disturb Me Nots is a convenience signal. It is not a safety, security, medical, caregiving, or emergency service, and must not be relied on as one. Statuses can be stale, wrong, or undelivered — a phone can be off, a notification can be throttled by the operating system, a network can fail, a user can forget to update. Never rely on the Service to determine whether a person is safe, awake, present, reachable, or able to respond in an emergency. In an emergency, contact the emergency services.

Free plan and Pro subscriptions

Free plan

The free plan is subject to limits, which are shown in the app and may change over time. They currently include a cap on the number of groups you can belong to, the number of members in a group, the number of scheduled statuses you can create, and the length of status history that is retained. Status notes, setting your status in several groups at once, and the full set of app backgrounds are Pro features and are not available on the free plan.

Pro subscriptions

Pro is sold as an auto-renewing subscription. Prices, durations and the free-trial terms, if any, are shown in the app before you buy.
Payment is taken by Apple or Google, not by us, and is charged to your App Store or Google Play account at confirmation of purchase.
The subscription renews automatically unless you turn off auto-renewal at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of that period.
Manage or cancel your subscription in your store account settings — App Store or Google Play. Deleting the app or your Disturb Me Nots account does not cancel a subscription.
Where a free trial is offered, any unused portion is forfeited when you buy a subscription.
Refunds are handled by the store, not by us. Request them through Apple or Google under their refund policies. We cannot issue refunds for store purchases.
We may change prices for future billing periods. Changes do not affect a period you have already paid for, and you will be given notice before a change takes effect.
If a subscription lapses, your account reverts to the free plan and the free-plan limits apply again. Data beyond those limits may become inaccessible or be deleted under the retention rules in the Privacy Policy.
A group you created is frozen while it is over the free limit. If it holds more members than the free plan allows, nobody in it can change their status and no one new can be added or invited, until you subscribe again, transfer ownership to a member whose plan covers the group, or remove members until it fits. Groups already within the limit are unaffected, and a frozen group unfreezes by itself as soon as it is back within the limit.

Availability and changes

We work to keep the Service running, but we do not promise it will be uninterrupted or error-free. We may modify, suspend, or discontinue any part of it, and we may impose or change limits on features. Where a change is material and within our control, we will give reasonable notice.

The Service depends on third parties — app stores, push notification services, hosting, and your own network and device. Delays or failures in delivering a notification or a status update are not always within our control.

Disclaimer of warranties

The Service is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Service will meet your requirements, that it will be available uninterrupted, secure or error-free, or that any status shown in it is accurate or current.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Service — whether or not we were advised that such damages were possible.

Our total liability to you for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the twelve months before the claim arose, or US $50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss, or expense (including reasonable legal fees) arising out of your Content, your use of the Service, or your breach of these Terms or of the rights of another person.

Termination

You may stop using the Service at any time, and you can delete your account from Settings → Delete My Account in the app, or through our account deletion page.

We may suspend or terminate your account, with or without notice, if you breach these Terms, if your use creates risk or legal exposure, or if we are required to by law. On termination, your licence to use the Service ends immediately. The sections on Content, disclaimers, limitation of liability, indemnity, and governing law survive termination.

Changes to these terms

We may update these Terms. The “last updated” date at the top will change, and for material changes we will give notice in the app before they take effect. Continuing to use the Service after that means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account.

Governing law and disputes

These Terms are governed by the laws of the State of Virginia, United States, without regard to its conflict of law rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Virginia for any dispute that is not resolved informally, and each of us waives any objection to venue there.

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you the protection of your local courts and mandatory consumer rules, nothing here deprives you of that protection.

Before filing a claim, please email support@disturbmenots.com. Most problems are resolved quickly that way.

Apple App Store terms

If you downloaded the app from the Apple App Store, the following also applies:

These Terms are between you and us only, not with Apple. Apple is not responsible for the app or its content.
Apple has no obligation to provide maintenance or support for the app.
If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to a legal requirement, and claims under consumer protection or similar legislation.
Apple is not responsible for investigating, defending, settling or discharging any third-party claim that the app infringes intellectual property rights.
You confirm you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
If any provision is held unenforceable, the rest stays in force and the unenforceable part is narrowed to the minimum extent necessary.
Our not enforcing a provision is not a waiver of it.
You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets.
Neither party is liable for a failure to perform caused by events beyond its reasonable control.

Contact

support@disturbmenots.com

We aim to reply to support email within 3 business days. That is a first-response target for ordinary questions, not a limit on the deadlines set out elsewhere: requests to delete your account or to exercise your data rights are answered within the periods given in the Privacy Policy.

Andriamasinoro Mandresy Fenohasina