Terms of Use

1. Contracting entity

TEMPO is provided by Brainwave Projects 240 CC t/a Powered By (registration number 2001/069358/23), trading as Powered By, of 50 Venice Road, Windermere, Durban, South Africa. In these Terms, "TEMPO", "we" and "us" refer to that entity.

2. Acceptance

By downloading, opening or using TEMPO you accept these Terms. If you do not accept them, please do not use the app.

3. Description of the service

TEMPO provides kinetic visual time experiences, including Time, Countdown and Ambient modes, kinetic motion styles, transitions, palettes, visual forms and atmospheres, an in-app Store and optional paid digital content.

TEMPO is an artistic and general-utility experience. It is not a safety-critical timing system and must not be treated as one.

4. Free and paid content

TEMPO includes free functionality. Optional digital products may be sold as one-time purchases, such as TEMPO Pro (reference price $2.99 once), Founder (reference price $9.99) and individual collections. Prices may be localised or adjusted by the Apple App Store or Google Play, and the price shown by the store at the time of purchase is the price that applies.

5. App Store and Google Play purchases

Purchases are made through the Apple App Store or Google Play. Billing, payment processing, refunds and store-account issues are subject to the applicable store terms and to consumer law. TEMPO may use RevenueCat to verify purchase entitlements; RevenueCat handles entitlement verification and does not process your card details.

6. Restore purchases

Eligible non-consumable purchases may be restored using the store account originally used for the purchase, subject to platform rules and successful verification by the store.

7. Founder

Founder is a launch-edition product and status, and may include content or benefits specifically designated as Founder content. Founder does not promise access to all future content or to every future feature, and no scarcity is claimed beyond what is technically enforced by the app and the stores.

8. Intellectual property

The TEMPO name, software, kinetic visual systems, artwork, motion systems, branding, user interface and collections are owned by us or our licensors and are protected by intellectual property law.

When you purchase digital content you receive a limited, personal, non-transferable licence to use it within TEMPO. You may not resell, redistribute, reverse engineer, publicly or commercially display, license or reproduce that content unless we authorise it separately in writing.

9. Acceptable use

You agree not to:

• use TEMPO for any unlawful purpose
• attempt to bypass, spoof or tamper with purchase entitlements
• copy or extract artwork, motion systems or other content without authorisation
• tamper with, interfere with or disrupt the app or related services
• reverse engineer the app, except where the law expressly permits it
• abuse our support or related services

10. Availability and changes

TEMPO's functionality may evolve, be updated, or be changed or discontinued in whole or in part. We will act reasonably, and nothing here limits rights you have under consumer law in respect of content you have already purchased.

11. Disclaimer

TEMPO is not intended for, and should not be relied on in, safety-critical, medical, emergency, transport, industrial or other high-risk contexts. Do not rely on Countdown or any time display in situations where inaccuracy or interruption could cause harm or loss.

12. Limitation of liability

To the extent permitted by law, we are not liable for indirect or consequential loss, loss of data, or loss of profit arising from your use of TEMPO, and our total liability in connection with the app is limited to the amount you paid for the relevant digital content.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including under mandatory consumer protection law that applies to you.

13. Termination

We may restrict or suspend access to services or entitlements where there is material misuse, such as fraudulent or manipulated purchases, to the extent legally permitted.

14. Governing law

These Terms and your use of TEMPO are governed by the laws of South Africa. This does not deprive you of the protection of any mandatory consumer rights that apply in your own country or jurisdiction, and you may also be able to bring proceedings in the courts of your place of residence where local law gives you that right.

15. Contact

Questions about these Terms can be sent to developer@poweredby.co.za, or to Brainwave Projects 240 CC t/a Powered By, 50 Venice Road, Windermere, Durban, South Africa.