Agreement
These terms are between you and Smashing Labs LLC ("we," "us"), and they cover the Landmark iOS app and this website. Installing or using the app means you accept them. If you do not accept them, do not use the app.
Landmark is not medical advice
This is the most important paragraph on this page.
Landmark is a fitness and wellbeing tool. It is not a medical device, it does not diagnose, treat, cure, or prevent any disease, and nothing it shows you is medical advice.
The targets you set are targets you chose. The correlations Landmark surfaces are statistical patterns in your own recorded data. A pattern is not a cause, a small sample can mislead, and a relationship that holds for you may not hold generally or continue to hold.
Talk to a qualified healthcare professional before changing your exercise, diet, sleep, supplementation, or medication, particularly if you are pregnant, have a medical condition, or are taking prescribed medication. Never disregard or delay professional medical advice because of something Landmark showed you. If you think you are having a medical emergency, call your local emergency number.
Your data comes from somewhere else
Landmark reports on data written into Apple Health by your devices and other apps. We do not control the accuracy of that data, and Landmark's figures are only as good as what it is given. Treat every number as an estimate.
Your responsibilities
You agree to:
- use Landmark only for lawful purposes and for your own personal use;
- keep your device and its passcode secure, since your Landmark data lives on your device; and
- not reverse-engineer, decompile, resell, or redistribute the app except where that restriction is unenforceable under the law that applies to you.
Ownership
We own the Landmark app, this website, and everything in them: the code, the designs, the text, and the marks. Installing the app gives you a free, personal, non-exclusive, non-transferable, revocable licence to use it on devices you own or control. It does not transfer ownership of anything.
The data you generate is yours. We claim no rights over it, and we do not have it.
The App Store
Landmark is free, and is distributed through Apple's App Store, so Apple's own terms apply to that distribution alongside these.
Apple is not a party to this agreement, has no obligation to provide support for the app, and is not responsible for any claim you have about the app. If the app fails to conform to any warranty, you may notify Apple, and Apple may refund the purchase price, which for a free app is nothing. Beyond that, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
Availability
We may update, change, or stop offering Landmark or any of its features. We will not deliberately break your local data in doing so, but we do not guarantee that the app will be available, uninterrupted, or error-free.
Warranty and liability
The app is provided "as is" and "as available," without warranties of any kind, express or implied, to the fullest extent the law allows. That includes any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of your use of the app.
Landmark is free, so where liability cannot be excluded it is limited to the amount you paid us for the app, which is nothing.
Some jurisdictions do not allow these exclusions, in which case they do not apply to you and you may have additional rights.
Termination
You can end this agreement at any time by deleting the app. We can suspend or end it if you materially breach these terms. The sections on ownership, warranty, liability, and governing law survive.
Governing law
These terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-law rules. Any dispute arising from them goes to the state or federal courts located in Wyoming, and you agree those courts may hear it.
If you live somewhere whose consumer law gives you the right to bring a claim locally, or applies protections these terms cannot waive, that law still applies to you and nothing here takes it away.
Changes to these terms
If these terms change, we will update the version and effective date at the top of this page. Continuing to use the app after a change means you accept the updated terms.
Contact
If you have a question about these terms, get in touch via our support page.