Terms of Use

Last Updated: April 6, 2025

1. Overview

These Terms of Use form a legally binding contract between WELLMAN MICRO(CHIP)MANAGED SYSTEMS INC. ("we" or "us") and the people and companies ("Users" or "you") that access and use our Time Stream application ("App"). These Terms of Use apply to all services provided through our App and all content, services, and products available at or through the App.

It is very important that you read and fully understand these Terms of Use before using the App. By agreeing to these Terms of Use and using the App, you are entering into a legally binding contract which will impact your rights.

By accessing any part of the App, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the App or use any services available on the App.

These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted within the App or on our website.

2. Services Available in the App

Without restriction, we generally offer the following services through the App:

Time Stream is a productivity and time management application that helps users track, plan and manage their time through routines, calendars, and analytics. The App is distributed exclusively through the Apple App Store.

The services we offer are subject to change over time. By using the App, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.

3. Termination

You may cancel these Terms of Use at any time by discontinuing your use of the App.

4. Limitation of Liability

Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the App.

Your use of the App is at your sole risk. The App is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the App will be uninterrupted, secure or error-free.

In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

5. Indemnification

You agree to indemnify and hold harmless WELLMAN MICRO(CHIP)MANAGED SYSTEMS INC., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the App, including but not limited to your violation of any term of these Terms of Use or any other policy related to the App.

6. Security Breaches

In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the App are kept secure and confidential.

You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.

We will investigate any breach of security on the App that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

7. Warranties and Representations

We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the App.

8. Compliance with Laws

You represent and warrant that:

  • You have the authority to bind yourself to these Terms of Use;
  • Your use of the App will be solely for purposes that are permitted by these Terms of Use;
  • Your use of the App will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
  • Your use of the App will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted within the App or on our website.

You must only use the App for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted within the App or on our website. You may use the App on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

9. Age Restrictions

The App is not directed to children under the age of 13. We are in compliance with the Children's Online Privacy Protection Act. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account. Users under the age of 18 should use this App only with the involvement of a parent or guardian.

10. Data Usage and Storage

Time Stream values your privacy and gives you control over your data. All personal data and activity information is stored locally on your device by default. Some features may require optional synchronization with external services (like calendar integration), but we only transfer the minimum data necessary for the specific function to work properly.

You may export or delete your data at any time through the App's settings. If you choose to delete the App, all locally stored data associated with your usage will be removed from your device automatically. We do not maintain server-side backups of your personal usage data.

11. Governing Law and Dispute Resolution

These Terms of Use and any access to or use of the App shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between WELLMAN MICRO(CHIP)MANAGED SYSTEMS INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or WELLMAN MICRO(CHIP)MANAGED SYSTEMS INC. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

12. Waiver of Class Action

By using the App, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against WELLMAN MICRO(CHIP)MANAGED SYSTEMS INC. or its affiliates related to any claim, dispute or controversy arising from your use of the App. Where applicable, you hereby agree to opt out of any class proceeding against WELLMAN MICRO(CHIP)MANAGED SYSTEMS INC. otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

13. General Terms

a. Amending These Terms of Use
These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the App. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications in the App. Your continued use of the App will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.

b. Assignment
We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.

Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.

c. No Waiver
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.

d. No Agency
The parties to these Terms of Use are independent contractors and are not partners or agents. WELLMAN MICRO(CHIP)MANAGED SYSTEMS INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the App.

e. Severability
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.

f. Entire Agreement
These Terms of Use, in conjunction with all policies and guidelines available within the App or on our website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and WELLMAN MICRO(CHIP)MANAGED SYSTEMS INC. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

14. Questions on These Terms of Use

We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address:

contact@microchipmanaged.com

15. Additional Terms

The following additional terms and conditions apply to the use of the App:

  • The parentheses in Micro(chip)managed are part of our official company name and trademark. Any reference to our company must maintain proper formatting including the parentheses in (chip) wherever possible.
  • In alignment with our company principle that 'your data belongs to you,' we store your data locally on your device and do not monetize your information or attention through this App.
  • While we maintain an informal brand voice in our communications, all legal terms in these Terms of Use should be interpreted according to their standard legal meaning without regard to tone.
  • All content in this App, including but not limited to the Micro(chip)managed name, Time Stream name, brand elements, product descriptions, and user interface designs are intellectual property of Wellman Micro(chip)managed Systems Inc.
  • The App may use Apple frameworks and services. Use of such services is subject to Apple's terms and conditions.

16. Confirmation of Agreement to Terms of Use

BY PROCEEDING TO USE THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES RELATED TO THE APP.