hobbyist Terms of Service
Last updated: August 12, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT DISCLAIMERS, LIMITATIONS OF LIABILITY, AND A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR LEGAL RIGHTS.

1) Agreement and Definitions
These Terms of Service ("Terms") are a binding agreement between you and Andrew Raymond Kelly (the "Operator"). In these Terms, "hobbyist", "we", "us", and "our" refer to the Operator. "You" refers to any person who accesses or uses the Service. The "Service" means the hobbyist mobile application, any web version, and related services and content.

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

2) Who We Are / Contact
Website: https://hobbyist.website
Support: support@tcktd.live (or Send feedback in Settings in the app)

3) Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with consent of a parent or legal guardian who agrees to these Terms.

4) Account Registration and Security
- You are responsible for all activity under your account and for keeping your credentials secure.
- You agree that the information you provide is accurate and up to date.
- You must promptly notify us if you suspect unauthorized access to your account.

5) License; Acceptable Use; Restrictions
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for your personal, non-commercial use.

You agree not to (and not to attempt to):
- Use the Service in any unlawful, harmful, abusive, harassing, or deceptive manner.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas of the Service, except to the extent such restriction is prohibited by law.
- Scrape, crawl, harvest, or use automated means to access the Service or any content, except as expressly permitted by us in writing.
- Interfere with, disrupt, or degrade the Service, including by introducing malware or attempting to bypass security.
- Access or use the Service to build or improve a competing product.
- Circumvent any access controls, rate limits, or restrictions.

We may investigate and take any action we deem appropriate (including suspending or terminating accounts) if we believe you have violated these Terms or pose a risk to the Service or others.

6) Your Content; Ownership; Permissions
The Service allows you to create and store content such as hobbies, sessions, notes, optional photos or videos, location or weather context you add to logs, and other information you enter ("User Content").

You retain ownership of your User Content. However, you grant us a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers), and transferable license to host, store, process, reproduce, modify (for technical purposes such as resizing, transcoding, or generating thumbnails), display, and distribute your User Content solely as necessary to operate, maintain, secure, and improve the Service and to comply with law.

You represent and warrant that:
- You have all rights necessary to submit your User Content (including any photos, videos, or other media).
- Your User Content does not violate any law, third-party right, or these Terms.

We may remove or restrict access to any User Content at any time for any reason, including if we believe it violates these Terms or could harm the Service, without liability to you.

7) Media and Storage; Data Loss Risk
If you choose to upload photos or videos (such as session attachments, hobby images, or profile media), those files may be stored using cloud storage and may be processed to display correctly across devices.

You are solely responsible for maintaining backups of your data. We do not guarantee that User Content will always be available, accurate, or preserved. You agree we are not liable for any loss, corruption, or deletion of User Content, to the maximum extent permitted by law.

8) Third-Party Services
The Service relies on third-party services (for example: sign-in providers such as Google or Apple, database and authentication hosting, cloud storage, push notification delivery, weather and geocoding lookups, map display providers, and crash reporting). Your use of those services may be subject to third-party terms and policies. We are not responsible for third-party services or outages. Our Privacy Policy describes how those providers may process information when you use related features.

8A) App Distribution Platforms
If you download the Service from the Apple App Store, Google Play, or another platform (each, an "App Store"), you acknowledge that these Terms are between you and the Operator only, not the App Store. The App Store is not responsible for the Service or its content. To the extent permitted by the App Store's terms, the App Store and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must comply with the applicable App Store terms of service.

8B) Software Updates (Including Over-the-Air)
We may provide updates, patches, and changes to the Service, including JavaScript or other non-native updates delivered over the air ("OTA Updates"), without requiring a new download from an App Store. OTA Updates are part of the Service. We are not obligated to provide updates or to continue supporting any particular version.

9) Intellectual Property
The Service (including software, design, text, graphics, logos, and trademarks) is owned by the Operator or its licensors and is protected by intellectual property laws. Except for the limited license in Section 5, no rights are granted to you. You may not use the hobbyist name or branding without our prior written permission.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without compensation or attribution.

10) Fees; Future Paid Features
The Service is currently offered free of charge. We may introduce paid features in the future. If we do, we will provide details in the Service, and you can decide whether to use paid features. Unless required by law, fees are non-refundable.

11) Changes to the Service
We may modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice, including removing features or content. We will not be liable for any change, suspension, or discontinuation.

12) Termination; Account Deletion
You may stop using the Service at any time. The Service includes an account deletion flow in Settings.

We may suspend or terminate your access to the Service at any time for any reason, including if we believe you violated these Terms or if necessary to protect the Service or others. Upon termination, your right to use the Service stops immediately.

13) Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

hobbyist is a personal tracking tool. It does not provide medical, legal, financial, or professional advice. Streaks, stats, trophies, and summaries are for motivation only and may be inaccurate. You are solely responsible for how you use the Service and for any decisions you make based on it.

Location, route, weather, and active-session reminder features (if enabled) are for personal logging only. They are not navigation, safety, or emergency services. Background location may be used only while an active session timer is running and only when you have granted the required permissions. Do not use the Service in a way that distracts you from driving or other activities that require your full attention.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that any defects will be corrected.

14) 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, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations. In that case, our liability will be limited to the maximum extent permitted by law.

15) Indemnification
You agree to indemnify, defend, and hold harmless hobbyist and the Operator from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your User Content, or your violation of these Terms.

16) Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

You and we agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms (a "Dispute") will be resolved through binding arbitration, rather than in court, except that either party may:
- bring an individual claim in small claims court if it qualifies; and
- seek injunctive or equitable relief in court to prevent actual or threatened misuse, interference, or unauthorized access to the Service or infringement of intellectual property rights.

Arbitration will be administered by the American Arbitration Association ("AAA") under its applicable rules. The arbitration will take place in Denver, Colorado, unless the parties agree otherwise or the arbitrator determines a different location is appropriate. The arbitrator may award the same damages and relief as a court, but only on an individual basis.

CLASS ACTION WAIVER: YOU AND WE AGREE THAT DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Opt-Out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@tcktd.live with subject "Arbitration Opt-Out", your account email, and a clear statement that you opt out. If you opt out, disputes will be resolved in court as described in Section 17.

If you are a consumer in the European Union, United Kingdom, or another jurisdiction where mandatory law gives you the right to bring claims in your local courts or prohibits binding arbitration or class-action waivers, those rights apply to the extent required and nothing in this Section limits them.

If any part of this Section is found unenforceable, the remainder will continue in effect to the extent permitted by law.

17) Governing Law; Venue (Non-Arbitration Matters)
These Terms are governed by the laws of the State of Colorado, United States, excluding conflict of laws rules. For any court proceeding permitted under these Terms (including injunctive relief and small claims), you agree to the exclusive jurisdiction and venue of the state and federal courts located in Denver, Colorado.

18) Miscellaneous
- Entire Agreement: These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
- Material Changes: We may update these Terms. We will post the updated Terms in the Service and update the "Last updated" date. If changes are material, we may provide additional notice (for example, in-app). Continued use after the effective date constitutes acceptance.
- Severability: If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
- No Waiver: Our failure to enforce any provision is not a waiver.
- Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction.
- Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.
- Limitations Period: To the extent permitted by law, any claim arising out of the Service or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.

19) Contact
Questions about these Terms? Use Send feedback in Settings in the app, or email support@tcktd.live.