Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Sam Ships (“Sam Ships,” “we,” “us,” or “our”) governing the Pine iOS application, its widgets and Live Activities, related websites, and support services (collectively, the “Service”).

By downloading, accessing, purchasing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Section 17 contains a binding individual arbitration agreement and class-action waiver for most users in the United States. You may opt out as described there.

You must be at least 13 years old to use the Service. If you are under the age of legal majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and supervises your use. You may not use the Service if you are legally prohibited from doing so.

Pine is a local-first notes notebook and productivity tool. It lets you write on a daily page, optionally use AI to organize writing into a dated checklist, roll unfinished items forward, begin a focus session, and keep a Journal of your activity.

The Service may change over time. We may add, remove, limit, suspend, or discontinue features when reasonably necessary, including to improve the product, comply with law, protect users, or manage service cost and reliability. We do not promise that any particular feature or free allowance will always remain available.

Pine is a general productivity and wellness tool. It is not a medical device, healthcare provider, therapist, diagnostic tool, treatment, crisis hotline, or emergency-monitoring service.

Pine does not diagnose, treat, cure, or prevent ADHD or any other condition. Content and AI-generated suggestions are general organizational aids and are not medical, psychological, legal, financial, or other professional advice. Do not delay or disregard professional advice because of Pine. If you may be in danger or experiencing an emergency, contact local emergency services or an appropriate qualified professional; do not rely on Pine to identify the situation, monitor your entries, notify anyone, or provide help.

Pine does not currently require a traditional email-and-password account. The app may create a random device credential and internal service account to authenticate requests, enforce usage limits, prevent abuse, and provide paid access. You are responsible for securing your device and for all activity performed through it.

You may not sell, transfer, share, or misuse a device credential or attempt to obtain another user's credential. Tell us promptly if you believe the Service or your device credential has been compromised.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use Pine on Apple-branded devices you own or control, as permitted by the Apple Media Services Usage Rules. The app is licensed, not sold.

Apple's Standard Licensed Application End User License Agreement (“Apple Standard EULA”) also governs the licensed iOS application. If these Terms conflict with the Apple Standard EULA about the app license, the Apple Standard EULA controls to the extent of that conflict. These Terms separately govern our Service, AI features, website, subscriptions, and relationship with you.

Apple is not responsible for the Service, maintenance, support, or claims relating to Pine except as the Apple Standard EULA or law expressly provides. Apple and its subsidiaries are intended third-party beneficiaries of the app-license provisions and may enforce them.

Pine may offer free features and an optional auto-renewable Pine Pro subscription. The paywall and App Store purchase sheet display the current product, billing period, localized price, trial eligibility, and included features before purchase. Storefront pricing, taxes, trials, promotions, and available plans may vary.

• Payment is charged to your Apple Account when you confirm the purchase.
• A subscription automatically renews for the displayed period unless canceled at least 24 hours before the end of the current period. Apple may charge for renewal within 24 hours before that period ends.
• If a free trial is offered, it converts to a paid subscription unless canceled before the trial ends. Eligibility is determined by Apple.
• Manage or cancel through iOS Settings or Apple's subscription management. Deleting Pine does not cancel a subscription.
• Use Restore Purchases in Pine to restore an eligible entitlement.
• Apple processes payments and refund requests under Apple's policies. Except where law requires otherwise, charges are nonrefundable and we do not provide credits for partially used periods.

Paid access requires a valid, verified entitlement and may require a network connection for initial verification. We may correct an entitlement that was granted because of error, fraud, chargeback, refund, or revocation.

“Your Content” means text, checklist items, notes, feedback, and other material you submit to the Service. As between you and Sam Ships, you retain your rights in Your Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, transmit, reproduce, format, and otherwise process Your Content solely as reasonably necessary to provide, secure, support, and improve the Service, comply with law, and enforce these Terms. This includes transmitting content you choose to organize to our AI service provider as explained in the Privacy Policy. This license ends when the content is deleted from our systems, subject to reasonable technical, security, and legal retention.

You represent that you have the rights needed to submit Your Content and that our permitted processing will not violate law or another person's rights. Do not submit passwords, payment-card numbers, government identifiers, regulated records, confidential employer information, or another person's private information.

AI-generated titles, dates, priorities, steps, and other suggestions are probabilistic and may be inaccurate, incomplete, biased, unsafe, or unsuitable. Output may not be unique, and another user may receive similar output. You are responsible for reviewing output and deciding whether and how to use it.

Do not rely on AI output for emergencies or medical, mental-health, legal, financial, employment, safety, or other high-stakes decisions. Pine does not guarantee that it will recognize urgent content, assign a correct due date or priority, preserve every note, or help you complete any task.

You may not, and may not help another person to:

• Use the Service unlawfully or to violate another person's rights.
• Submit malware or content that is illegal, infringing, fraudulent, threatening, exploitative, or intended to facilitate harm.
• Circumvent subscriptions, quotas, authentication, security controls, rate limits, safety systems, or geographic restrictions.
• Probe, scan, disrupt, overload, scrape, or automate access to the Service except through an interface we expressly authorize.
• Reverse engineer, decompile, disassemble, copy, modify, or create derivative works from the Service except to the limited extent a restriction is prohibited by law.
• Use output or the Service to develop or train a competing model or service, misrepresent AI output as human-authored where doing so would be deceptive, or violate a third-party provider's terms.
• Use the Service in a way that could expose Sam Ships or another person to liability or material harm.

We may investigate suspected misuse and restrict or terminate access when reasonably necessary to protect the Service, users, or others.

The Service, including its software, design, artwork, text, branding, and other materials, is owned by Sam Ships or its licensors and is protected by intellectual-property laws. Except for the limited license above, no rights are granted to you by implication or otherwise.

If you voluntarily provide feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you without permission.

The Service relies on third parties, including Apple, OpenAI, hosting and database providers, Formspree, and Vercel. Third-party services may have separate terms and privacy policies. You must comply with applicable third-party terms, including Apple's terms and your wireless-data agreement. We are not responsible for third-party services outside our reasonable control.

The Service may be unavailable, delayed, or interrupted and may contain errors. Pine is local-first and is not a backup or archival service. You are responsible for keeping separate copies of important information and for protecting your device. We are not responsible for loss caused by device failure, app deletion, operating-system behavior, corrupted local storage, unavailable third-party services, or failure to maintain your own backup, except to the extent law does not permit that limitation.

You may stop using the Service at any time. You must separately cancel an active subscription through Apple. We may suspend or terminate your access if you materially violate these Terms, create risk or legal exposure, engage in fraud or abuse, fail to pay, or if we discontinue the Service.

Upon termination, your license ends. Sections that by their nature should survive will survive, including ownership, payment obligations, warranty disclaimers, liability limits, indemnification, disputes, and general terms.

To the maximum extent permitted by law, the Service and all output are provided “as is” and “as available,” with all faults and without warranties of any kind. Sam Ships disclaims all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, error-free, preserved without loss, or suitable for your needs; that defects will be corrected; or that AI output, due dates, priorities, reminders, or safety routing will be correct. Some jurisdictions do not allow certain disclaimers, so some of this section may not apply to you.

To the maximum extent permitted by law, Sam Ships and its owner, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of data, profits, revenue, goodwill, or opportunity; or substitute-service costs arising out of or related to the Service, even if advised that such harm was possible.

To the maximum extent permitted by law, the total aggregate liability of Sam Ships and those parties for all claims arising out of or related to the Service will not exceed the greater of (a) the amount you paid for Pine during the 12 months before the event giving rise to the claim or (b) US $100.

These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or personal injury caused by negligence where applicable law prohibits limitation.

To the extent permitted by law, you will defend, indemnify, and hold harmless Sam Ships and its owner, affiliates, and licensors from third-party claims, damages, and reasonable costs arising from your unlawful use of the Service, Your Content, or your material breach of these Terms. This obligation does not apply to the extent a claim was caused by Sam Ships or where prohibited by consumer law.

Informal resolution first. Before filing a claim, you and Sam Ships agree to send a written notice describing the dispute and requested relief and to try in good faith for 30 days to resolve it. Send notice to support@samships.com. We will send notice to the most recent contact information you gave us, if any. A party may proceed after 30 days if the dispute remains unresolved.

Binding individual arbitration. Except for the exceptions below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitration may occur by telephone, video, documents, or in person in your county of residence or another mutually agreed location. Sam Ships will pay fees to the extent required by AAA rules or applicable law. The arbitrator may award any individual remedy a court could award.

Exceptions. Either party may bring an individual claim in small-claims court. Either party may seek injunctive or equitable relief in court for actual or threatened intellectual-property infringement, unauthorized access, or security abuse. Nothing prevents you from reporting concerns to a government agency.

No class actions.You and Sam Ships agree that claims may be brought only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated, representative, or private-attorney-general proceeding. The arbitrator may not combine claims without every party's consent.

30-day opt out. You may opt out of this arbitration agreement by emailing support@samships.com within 30 days after you first accept these Terms. Include “Arbitration Opt Out,” your name, and a clear statement that you opt out. Opting out will not affect other Terms.

If the class-action waiver is found unenforceable for a particular claim, that claim must proceed in court and not arbitration. If you validly opt out or a dispute is not subject to arbitration, you and Sam Ships waive trial by jury to the extent permitted by law.

These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Colorado, without regard to conflict-of-laws rules. For disputes permitted to proceed in court, you and Sam Ships consent to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado, except that an eligible individual small-claims action may be brought in your county of residence.

Mandatory consumer protections in your place of residence remain applicable and are not waived. Nothing in these Terms limits rights that cannot be limited by agreement.

You represent that you are not located in a country subject to a comprehensive U.S. government embargo or designated by the U.S. government as supporting terrorism, and that you are not on a U.S. government restricted-party list. You will comply with applicable export-control and sanctions laws.

We may update these Terms as the Service or law changes. We will post the updated Terms and change the “Last updated” date. If changes are material, we will provide additional notice when reasonably practical and request renewed agreement where required. Changes apply prospectively. If you do not agree to revised Terms, stop using the Service and cancel any subscription.

These Terms, the Privacy Policy, the Apple Standard EULA, and terms presented at purchase are the entire agreement about the Service. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the rest remains effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, financing, sale, or transfer of the Service. No agency, partnership, employment, or joint venture is created. Headings are for convenience only.

Questions, complaints, or claims about the Service may be sent to:

Sam Ships
Colorado, United States
support@samships.com