Terms & Conditions

These terms and conditions apply to the Simalytics app (hereby referred to as “Application”) for mobile devices that was created by Kyter, LLC (hereby referred to as “Service Provider”) as a Free service.

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application.

Open-source license

The Application’s source code is published on GitHub and licensed under the MIT License. You may use, copy, modify, merge, publish, distribute, sublicense, and sell copies of the software subject to that license, including its notice requirements. Nothing in these terms limits rights granted under the MIT License.

The MIT License does not grant rights to Kyter names, logos, or trademarks, or to third-party artwork, metadata, services, or other content accessed through the Application. Downloads from Apple may also be subject to Apple’s Standard EULA.

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.

Third-party services

Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:

• Sentry
• Cloudflare
• Simkl
• TMDB

Connectivity and charges

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.

Limitations of responsibility

Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

In terms of the Service Provider’s responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.

Operating-system requirements may change, and updates may be required to maintain compatibility, security, or access to hosted services. The Service Provider does not guarantee that the Application will always support every device or operating-system version. The Service Provider may stop distributing the Application or operating hosted services. Ending those services or these terms does not revoke rights granted under the MIT License; those rights remain governed by that license. Access to App Store distribution or the Service Provider’s hosted services may nevertheless end.

Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

Data Sources

Simalytics uses data provided by Simkl and TMDB. You are subject to their Privacy Policies and Terms of Service. Both are linked in the app settings.

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at dev@kyter.com.