🥙 Kebab

The Donor App

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Terms of Service for Kebab

Last Updated: October 22, 2025

Agreement to Terms

By downloading, installing, or using the Kebab mobile application ("App," "Kebab," or "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

Description of Service

Kebab is a mobile application for tracking charitable donations and calculating Fair Market Values (FMV) for tax deduction purposes. The App is available in three subscription tiers:

The App provides:

License Grant

Personal Use License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes related to tracking your charitable donations.

Restrictions: You may not:

No User Accounts

The App does not require user registration or account creation. No personal information is collected or stored on our servers.

Data Ownership

Your Data: You own all donation records, organization information, and valuation data you enter into the App. This data is stored exclusively on your device.

Our Content: The App itself, including its code, design, offline value guide, and branding, is owned by Night Owl Studio and protected by copyright law.

Open Source: Portions of the App are based on DonationTracker (MIT License) by Launch201. See https://github.com/Launch201/DonationTracker

Third-Party Services

The App integrates with external services for FMV lookups:

Use of these services is subject to their respective terms of service. We are not responsible for the availability, accuracy, or policies of these third-party services.

For paid subscriptions (STANDARD/PREMIUM), your transaction ID from Apple or Google is transmitted to our backend to verify your subscription status and enforce quota limits. See our Privacy Policy for details.

Fair Market Value Disclaimer

Not Tax Advice: Kebab is a record-keeping tool, not tax preparation software or professional tax advice.

Estimates Only: Fair Market Values provided by the App are estimates based on marketplace data. These estimates:

Your Responsibility: You are solely responsible for:

Acceptable Use

You agree to use the App only for:

You agree NOT to:

Intellectual Property

Copyright: The App and its original content (excluding third-party open-source components) are Copyright © 2025 Night Owl Studio. All rights reserved.

Trademarks: "Kebab" and the Kebab logo are trademarks of Night Owl Studio. You may not use these marks without prior written permission.

Feedback: Any feedback, suggestions, or ideas you provide about the App may be used by us without obligation or compensation to you.

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY
  • UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that:

  • The App will meet your requirements
  • Fair Market Values will be accurate or IRS-compliant
  • The App will be available at all times
  • Defects will be corrected
  • The App is free of viruses or harmful components

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM USE OR INABILITY TO USE THE APP
  • WE SHALL NOT BE LIABLE FOR ANY TAX-RELATED CONSEQUENCES, PENALTIES, OR AUDITS
  • OUR TOTAL LIABILITY SHALL NOT EXCEED $50 USD

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

Indemnification

You agree to indemnify, defend, and hold harmless Night Owl Studio and its developers from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

Export Functionality

When you export donation records:

App Store Terms

Your use of the App may also be subject to:

In case of conflict between these Terms and App Store terms, the App Store terms shall prevail.

Updates and Modifications

App Updates: We may release updates, patches, or new versions of the App. We are not obligated to provide updates or maintain backward compatibility.

Terms Changes: We reserve the right to modify these Terms at any time. Changes will be effective upon:

Continued use of the App after changes constitutes acceptance of modified Terms.

Termination

Your Right to Terminate: You may stop using the App at any time by uninstalling it from your device.

Our Right to Terminate: We may discontinue the App or deny you access at any time, for any reason, without notice.

Effect of Termination: Upon termination:

Governing Law and Disputes

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Montana, without regard to conflict of law principles.

Dispute Resolution: Any disputes arising from these Terms or your use of the App shall be resolved through:

  1. Good faith negotiation
  2. Binding arbitration in Flathead County, Montana
  3. Small claims court (for claims under $10,000)

Class Action Waiver: You agree to resolve disputes on an individual basis only, not as part of any class or representative action.

Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Night Owl Studio regarding the App.

Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

No Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms. We may assign these Terms without restriction.

Force Majeure: We are not liable for any failure or delay due to circumstances beyond our reasonable control.

Contact Information

For questions about these Terms:


Copyright © 2025 Night Owl Studio. All rights reserved.

Based on DonationTracker (MIT License) by Launch201

By using Kebab, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.