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Terms of Service

Last Updated: December, 2023

Welcome to the Pebbles community! We understand that tracking travel days for tax and residency purposes is a serious matter, and we are grateful for your trust. These terms (referred to as "Terms") apply to your use of www.pebbles.day and any other related websites or platforms, as well as all other online products and services (collectively referred to as the "Service") provided by Pebbles ("Pebbles," "we," "us," or "our").

Accepting these Terms

By accessing or using the Service, you agree to be bound by all of the terms stated below. Please read through all of the terms before using the Service. If a term is unclear to you, please inform us. If you do not agree to all of the terms, you may not use the Service. This Agreement is between you and Pebbles. If you have been granted access to the Service through a third-party company, you acknowledge that this company is not a party to this Agreement.

Changes to these Terms

We encourage you to regularly review the Terms to stay informed about our practices. We may modify these Terms from time to time, such as when we introduce a new feature. If we make any changes, we will notify you by updating the date at the top of the policy and, in certain cases, by providing additional notice (e.g., sending you an email notification). Any modifications to these Terms will become effective when we publish them. By continuing to use the Service after we have posted the revised Terms, you are indicating your acceptance of the updated Terms.

Privacy Policy

For information about how we collect, use, and share information about you via the Service, please refer to our Privacy Policy.

Description of the Service

Pebbles offers a service that helps people track the number of days spent in a particular location. This service is used by digital nomads, travelers with multiple residences, and others to ensure compliance with local laws and residency requirements. Pebbles allows users to share their data with tax professionals to assist with tax preparation or meeting residency requirements. It is important to note that Pebbles is not responsible for any information shared using the Services. Additionally, Pebbles provides additional services such as a subscription to Pebbles Premium. For more information about the Service, please contact us at hello@norlandlabs.com.

Right to Use the Service

On the condition that you fully comply with these Terms, Pebbles grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service. Unless expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate, or create derivative works of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

Creating an Account with Pebbles

When you create a member account, you agree to maintain the security of your password and accept all risks associated with someone accessing your account without your permission. As a user, you are also aware that a compromised password can result in the leakage of your sensitive and personal information. If you discover or suspect any security breaches in the service, please notify us promptly. You represent and warrant to us that all the information you provide in connection with your account is accurate, truthful, current, and complete. Pebbles reserves the right to deny, deactivate, or terminate any account at our discretion.

Liscence

Subject to the terms, conditions and limitations set forth in the Terms, Norland Labs, LLC grants you a nonexclusive, non-transferable and revocable license to use Pebbles on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Norland Labs, LLC that replace and/or supplement the original Pebbles, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions

You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make Pebbles available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense Pebbles; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Pebbles, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in Pebbles. If you violate any of the restrictions set forth in the Terms, your use of Pebbles will immediately cease, and you will have infringed the copyright and other rights of Norland Labs, LLC, which may subject you to prosecution and damages. Norland Labs, LLC reserves all rights not expressly granted to you in the Terms.

Subscription Terms

Subscriptions renew automatically for successive monthly or annual subscription periods until cancelled. For information on managing your auto-renewing Pebbles subscription, you can visit Apple's support page online. Cancellations made with at least 7 days' notice will take effect at the end of the current subscription period. Cancellations made less than 7 days before the end of the current subscription period will take effect at the end of the next subscription period. Norland Labs, LLC reserves the right to cancel your subscription at any time, with or without cause. If Norland Labs, LLC cancels your subscription without cause before the end of your subscription period, you may be eligible for a prorated refund. Otherwise, subscriptions are non-refundable unless otherwise stated in writing by Norland Labs, LLC. Terminating your Pebbles subscription will automatically terminate these Terms.

Fees For Using The Service

We charge a fee, known as the "Subscription Fee," for Pebbles Premium. While the basic Pebbles app is free, access to certain features requires a subscription. Pebbles Premium offers both monthly and prepaid annual subscriptions. The current amount of the Subscription Fee is provided on the Website and in the App. Payment of the Subscription Fee can be made by credit card, and it is non-refundable unless otherwise required by applicable law. We reserve the right to change the amount, frequency, and debit date of the Subscription Fee at our discretion. We will notify you in advance of any changes to the Subscription Fee through email, notices on the Website and Application, or other methods permitted by law. By continuing to access or use the Services after any changes to the Subscription Fee, you agree to pay the modified Subscription Fee. To cancel your subscription, please contact us at hello@norlandlabs.com with your request.

Tax Estimation

Pebbles may offer estimated tax information through the App or Website. This information is provided solely based on the data and information you provide to Pebbles or from third parties with your consent. Please note that the Services provided by Pebbles are not intended to be legal, financial, accounting, investing, tax, or any other form of advice. Your financial situation is unique, and any conclusions you draw from the information presented by Pebbles may not be suitable for your specific circumstances. It is recommended that you consult with your own legal, financial, accounting, or tax advisors. Additionally, please acknowledge that Pebbles is not acting as your agent or fiduciary in relation to your use of the Services.

Discount and Service Codes

From time to time, Pebbles may issue codes that allow you to receive a discount on Pebbles Premium or other benefits, depending on the type of service code. These service codes must be redeemed at the time you order a subscription to Pebbles and cannot be combined with any other discounts, promotions, or offers without the express consent of Norland Labs, LLC. The redemption of service codes is subject to approval by Norland Labs, LLC and requires valid registration with Pebbles. Service codes are not transferable unless Norland Labs, LLC gives express consent. You are solely responsible for paying any taxes incurred as a result of using any service code. Additional terms may apply to service codes.

Informational Purposes Only

All tools and content provided by Pebbles via the Services are for basic informational purposes only. Pebbles does not provide professional or legally binding tax, health, or legal services. It is solely your decision to determine whether or not to use the platform provided by Pebbles. While we offer information and tools to assist you in managing your tax obligations and residency requirements, we do not provide professional advice and assume no liability for your reliance on any information obtained through your use of the Services (whether provided by Pebbles or its users). If you choose to use Pebbles to seek professional guidance for your taxes, the advice and service you receive on your tax return are between you and the professional—Pebbles is not responsible for the quality of advice or the professional's own Terms and Conditions.

Pebbles' Rights

As between you and Pebbles, all information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content are owned by Pebbles or used with permission. You own all of your Content. However, when you post, link, or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content throughout the world in any manner or media, on or off the Service. Pebbles reserves all rights not expressly set forth in these Terms.

Third Party Materials

We may provide third-party content or services on or through the Services for the convenience of our users (such as links to third-party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the Content they post to the Service. We do not control or endorse any Third Party Materials, nor are we responsible for verifying the accuracy of such materials. Your interactions or communications with third parties, and any terms, conditions, warranties, or representations related to Third Party Materials, are solely between you and the respective third party. Please note that when you leave our Services, these Terms and other Pebbles policies no longer apply to your use of other websites and services.

Personal Data Collected by Third Parties

We may receive Personal Data about you from various sources, including in-app chat support, email, telephone, or from companies that distribute the Services through a co-branded or private-labeled website. These companies, referred to as "Partner Companies," may also include companies that offer their products and/or services through the Services, or companies that provide services (such as payment processing services) in connection with the Services. Our Partner Companies may provide us with Personal Data, such as your name, email, and mailing address information. We may combine this information with what we have already collected through our Services to perform and improve the Services. This Privacy Policy applies solely to the collection, use, and disclosure of Personal Data while using the Services. Any links provided to other websites or locations are for convenience purposes only and do not indicate our endorsement of those websites or their content. When you click on such a link, you will be redirected to a different site. During this process, a third party may collect Personal Data or Anonymous Data from you. Your use of such third party websites and/or services is governed by their respective terms and conditions and privacy policy.

Location Information

Pebbles collects location information, which will be used and disclosed according to the Privacy Policy. By accepting the Terms, you acknowledge and agree that you are giving your consent to Pebbles for the collection, use, disclosure, and storage of your location information. You have the option to revoke your consent regarding Pebbles' collection, use, disclosure, and storage of your location information at any time. To do so, contact hello@norlandlabs.com and delete the app from your mobile device. Please note that if you revoke your consent or delete/deactivate your account, we may still retain certain information as required by law or for legitimate business purposes. We may retain cached or archived copies of information about you for a certain period of time.

Third-Party Beneficiary

The parties acknowledge and agree that Apple, as well as Apple's subsidiaries, are third-party beneficiaries of the Terms. Upon your acceptance of the terms and conditions, Apple will have the right (and will be considered to have accepted the right) to enforce any of the terms and conditions against you as a third-party beneficiary.

Feedback

Any suggestions, comments, or other feedback you provide us about the Service will be treated as confidential information. We have the freedom to use, disclose, reproduce, license, distribute, and exploit this feedback as we deem appropriate, without any obligation to compensate you or be restricted by any intellectual property rights or other considerations.

Relationship with Pebbles

Your use of the Services does not establish any other form of relationship between you and Pebbles, such as agency, partnership, joint venture, or employment, nor does it create any obligations by Pebbles to you or any other User, unless otherwise stated in these Terms or in a written agreement signed by an authorized agent of Pebbles.

Disclaimers

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL PEBBLES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF PEBBLES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF PEBBLES' ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO PEBBLES FOR THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold us harmless from any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Service or the violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Pebbles account.

Changes to the Service

Pebbles reserves the right, at our discretion, to review, improve, change, or discontinue the Service and/or any features, information, materials, or content on the Service, with or without providing notice to you. Pebbles will not be liable to you or any third party for any changes or discontinuation of the Service or any part thereof.

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service. You also acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including the requirement that the communications be in writing. If you wish to withdraw your consent for receiving electronic notices, please notify us at hello@norlandlabs.com.

Notice for California Users

If you are a California resident, you can request to receive these Terms electronically by sending a letter to the address provided, along with your email address and a request for the Terms. According to California Civil Code Section 1789.3, California website users have specific consumer rights. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Suspension and Termination

Pebbles has the authority to suspend or terminate your access to or use of the Service, with or without notice, and for any reason or no reason at all, at Pebbles' discretion. All terms of these Terms (excluding the license grants to you) will remain in effect even after any termination or suspension. If you wish to cancel your account, you can do so at any time by contacting us at hello@norlandlabs.com.

Governing Law Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PEBBLES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PEBBLES.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Pebbles agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Pebbles are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Pebbles intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

General

Enforcement of these Terms is solely at Pebbles' discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, "including" means "including (without limitation)." The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.

GDPR Compliance

We are committed to safeguarding the privacy of our users in accordance with the General Data Protection Regulation (GDPR). To ensure compliance, we collect and process personal data only for specific, explicit, and legitimate purposes as outlined in this privacy policy. We obtain user consent before gathering any personal information and provide clear explanations regarding the types of data collected, how it's used, and the rights users have over their data. Our users have the right to access, rectify, or erase their personal information upon request. We employ strict security measures to protect data integrity and confidentiality. By using our app, users acknowledge and consent to the processing of their data in accordance with GDPR regulations.

Developer Name and Email

Any end-user questions, complaints or claims with respect to Pebbles should be directed to:
Email: hello@norlandlabs.com.

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