Publisher identity
PITIP is the legal organization, owner, and publisher of FMX. PITIP uses PITIP-MITIM as its international/public short name and developer identity. PITIP-MITIM is not a separate legal entity.
Product, platform, and scope
These Terms govern the use of FMX — Floating Memo X, current version 1.0.0, under Android package identity si.pitipmitim.fmx. FMX is designed for Android phones running Android 8.0 or later. There is no iOS version, and no tablet compatibility is claimed.
Use of FMX is also subject to mandatory applicable law and, where FMX is acquired through a store or another authorized channel, that channel's applicable terms. Direct checkout, direct APK delivery, and direct update recovery are not live on this website.
Licence to use FMX
Subject to the applicable purchase or distribution channel and mandatory law, one valid purchase or other authorized acquisition is intended for one natural person. It grants that person a personal, limited, non-exclusive, non-transferable, and non-sublicensable licence to install and use FMX on that person's own compatible Android phones. An applicable channel may determine the permitted number of installations or devices. This licence does not transfer ownership of FMX or any intellectual property, and PITIP reserves all rights not expressly granted.
To the maximum extent permitted by applicable law, the user must not resell or redistribute FMX; sublicense, rent, lease, or commercially redistribute it; circumvent delivery, access, or licensing protections; extract or reuse FMX artwork, branding, interface assets, or other proprietary material; or reverse engineer, decompile, or disassemble FMX. These restrictions do not prohibit conduct that applicable mandatory law expressly permits.
For a future direct purchase, the purchaser must not share a directly supplied APK, direct-download claim, or update entitlement with another person. Store installation, device, and any permitted sharing mechanisms remain governed by the applicable store's rules; the direct-download restriction does not purport to replace those store mechanisms.
User-created content
Users retain ownership of, or the rights they already hold in, memo content they create or enter. PITIP does not obtain ownership of memo content merely because FMX is used. Users are responsible for their memo content, must have the right to use it, and must not use FMX to infringe another person's rights unlawfully.
PITIP does not operate a cloud memo-storage service. PITIP ordinarily has no server-side copy of local memo content to inspect, monitor, moderate, recover, or restore, and FMX does not imply that PITIP monitors local memos.
Acceptable use
FMX must not be used unlawfully, to violate third-party rights, to bypass platform protections, or to interfere with a device, application, service, or distribution platform.
Compatibility and digital environment
FMX is designed for Android phones running Android 8.0 or later. Actual operation may depend on the user's digital environment, including the Android version; manufacturer or OEM modifications; display-over-other-apps permission; foreground- and background-service restrictions; power-management settings; device configuration; the available speech-recognition provider; future Android or platform changes; and other system-level behaviour outside PITIP's direct control.
Before purchase, the customer should review the published compatibility requirements. Where reasonably necessary to diagnose a reported technical or conformity problem, PITIP may ask the user to cooperate with proportionate steps such as providing the phone model, Android version, relevant FMX or system settings, symptoms, and reproducible steps. PITIP will not require unrelated private content or account credentials as a condition of ordinary diagnostics.
FMX cannot guarantee that every function will remain available on every phone, Android release, launcher, third-party app, or manufacturer power policy. An environmental incompatibility does not automatically remove any statutory right or remedy.
Not for safety-critical or mission-critical use
FMX is a convenience, reminder, and display utility. It is not designed or warranted to be the sole mechanism for a situation in which the failure, delay, disappearance, interruption, incorrect display, or non-display of a memo could create material safety consequences. This includes emergency warnings; medical reminders where failure could cause harm; navigation; vessel or vehicle operational safety; industrial or process safety; legal, statutory, or compliance deadline control; and other safety-critical or mission-critical functions.
Users must maintain appropriate independent systems where failure to display an FMX memo could result in injury, property damage, regulatory breach, significant financial loss, or other material harm.
Local data and data loss
Memo content and settings are stored locally in Android app-private storage. PITIP does not operate an FMX cloud memo-storage service, and Android backup is disabled for FMX under the current app configuration. PITIP therefore does not hold a remote copy from which local memos can ordinarily be recovered or restored.
Local data may be lost by clearing FMX app data, uninstalling FMX, device loss, device reset, storage or device failure, operating-system actions, manufacturer or device-migration behaviour, or other events affecting local app storage. Users should maintain an appropriate independent record of important information rather than rely on FMX as its sole archive.
To the maximum extent permitted by applicable law, PITIP is not responsible for local memo or settings loss caused solely by clearing application data, uninstalling FMX, loss or failure of the user's device, operating-system or manufacturer behaviour, or other circumstances outside PITIP's reasonable control.
Updates and user responsibility
PITIP's mandatory legal and conformity obligations are distinct from its commercial same-product update policy. Users should install FMX updates made available through the applicable channel to maintain security, compatibility, conformity, and reliable operation.
If PITIP supplies an update, informs the user that it is required, and adequately explains both how to install it and the consequences of not doing so, PITIP is not responsible, to the extent permitted by applicable law, for a problem caused solely by the user's failure to install that update. This allocation does not apply where PITIP failed to supply, notify, or adequately explain a required update, and it does not limit mandatory update, conformity, or consumer rights.
Future direct updates and support duration
Direct commerce is not live, and this website does not currently grant a direct-download or direct-update entitlement. Under the intended future direct-purchase arrangement, later releases of the same FMX product under package identity si.pitipmitim.fmx may be made available to an eligible direct purchaser while PITIP continues maintaining and distributing that product.
This intended policy is not a promise of perpetual development, lifetime support, indefinite distribution, support for every future Android version, any particular future feature, or creation of a different future product. A genuinely separate product may have a different package identity and may require a separate purchase. Nothing in this section limits updates, conformity obligations, or remedies required by mandatory applicable law.
Third-party and platform dependencies
FMX depends in part on systems that PITIP does not control, potentially including Android, device manufacturers, app-distribution stores, speech-recognition providers, system permissions, and platform APIs. PITIP cannot guarantee their permanent availability or unchanged behaviour.
Third-party terms and privacy practices may apply to those systems. This section does not exclude PITIP's responsibility for a defect caused by PITIP's own implementation where mandatory law imposes that responsibility.
Purchases and distribution channels
A store purchase, payment, installation, entitlement, update, and ordinary refund administration may be handled by the applicable store under its rules. Statutory consumer rights and remedies remain available where applicable.
Direct checkout and digital delivery are not live on this website. Any future direct sale must present the applicable price, compatibility, delivery, licence, withdrawal, refund, and remedy disclosures before payment and delivery. Nothing on the current static site constitutes an operational direct checkout or download offer.
Future direct digital delivery, refunds, and remedies
PITIP does not promise a voluntary money-back guarantee. This does not affect mandatory statutory consumer rights or remedies, including remedies for non-conforming digital content.
Future direct digital delivery is intended to begin only after the customer gives the legally required separate affirmative consent or request for immediate delivery and the required acknowledgement about withdrawal rights. Where that process is legally effective, the ordinary change-of-mind withdrawal right may be lost only to the extent permitted by applicable law after digital delivery begins. A right does not disappear merely because an APK has been downloaded.
Failed or interrupted delivery should ordinarily be addressed first through replacement or reissued delivery. An incorrect purchase email should ordinarily be addressed by verifying the transaction and then correcting the address or reissuing delivery. A technical problem should ordinarily be addressed through support, correction, an update, re-delivery, or another legally appropriate cure before a refund where applicable law permits that sequence. A genuine duplicate charge should be refunded.
These ordinary cure steps do not delay or replace a remedy that mandatory law requires to be provided sooner. Material non-conformity remains subject to all applicable mandatory consumer remedies.
Refunds, reversals, chargebacks, and entitlement security
Under a future direct-sale arrangement, if a direct FMX purchase is refunded, reversed, or successfully charged back, the associated direct-download and update entitlement may terminate. Because FMX is an offline application, an already-installed copy cannot necessarily be remotely disabled.
Subject to mandatory consumer rights, PITIP may proportionately refuse, suspend, or revoke a replacement or download claim where reasonably necessary to address fraud, unauthorized entitlement transfer, duplicate or abusive claim use, chargeback abuse, or a security compromise. PITIP will not cancel a valid consumer entitlement arbitrarily or without a legitimate reason.
Intellectual property
FMX software, source code, name, logo, artwork, original interface design, documentation, website content, and other original PITIP/PITIP-MITIM material are owned by PITIP or used by PITIP under an applicable licence. Purchase or use grants only the licence stated in these Terms; it does not transfer ownership of FMX or its intellectual property.
Third-party names, platform elements, and open-source components remain with their respective owners and are subject to their own terms or licences. PITIP does not claim ownership of those elements. A user's memo content remains owned by, or the responsibility of, that user as applicable.
Limitation of liability
To the maximum extent permitted by applicable law, PITIP is not responsible for losses caused solely by misuse of FMX; use contrary to documented instructions; an incompatible user environment that was properly disclosed; failure to install a required update that PITIP properly supplied, notified, and explained; third-party platform or service behaviour outside PITIP's reasonable control; loss or failure of the user's device; or other circumstances outside PITIP's reasonable control.
To the extent legally appropriate, PITIP is not responsible for indirect or consequential losses, or losses that were not reasonably foreseeable when the applicable contract was concluded. These limitations do not apply to the extent PITIP's own conduct caused or contributed to the loss and applicable law imposes responsibility.
Nothing in these Terms excludes or limits liability, remedies or consumer rights that cannot lawfully be excluded or limited, including where applicable liability for fraud, intentional wrongdoing, death or personal injury, or another matter for which exclusion or limitation is prohibited by law.
Mandatory consumer rights
Nothing in these Terms excludes, restricts, or limits any consumer right, conformity right, guarantee, remedy, or liability that cannot lawfully be excluded or limited. If a consumer's mandatory local law provides greater protection, that protection remains unaffected.
Governing law
These Terms are governed by the laws of the Republic of Slovenia. If you are a consumer, this choice does not deprive you of mandatory protections available under the law that would apply to you in the absence of this choice.
Severability
If any provision of these Terms is invalid, unlawful, or unenforceable, the remaining provisions continue to apply to the extent legally possible. The affected provision applies to the greatest lawful extent, where applicable.
No waiver
A failure or delay by PITIP in exercising a right or remedy does not by itself waive that right or remedy. A single or partial exercise does not prevent a later lawful exercise.
Entire agreement and incorporated disclosures
These Terms, together with the specific purchase disclosures and policies expressly incorporated into the applicable transaction, form the applicable agreement, subject to mandatory law. Nothing in this section prevents a marketing statement or other representation from having legal relevance where applicable law gives it that effect.
Terms versioning
The version of these Terms applicable to a completed purchase must be identifiable and retained as required by applicable law. For a future direct purchase, PITIP intends to identify the applicable Terms version in or with the transaction record.
Later changes apply prospectively unless applicable law requires otherwise. They do not retroactively remove rights already acquired under mandatory law or reduce remedies for an earlier completed purchase where doing so would be unlawful.
Contact and support
Contact FMX support at fmx@pitip-mitim.si.