1 About these terms
1.1 These Terms of Use (the “Terms”) are an agreement between you and All But Everything Inc., a California corporation with its registered address at 8615 Washington Blvd., Culver City, CA 90232 (“we”, “us”, “our”). They govern your use of the Count to One Billion mobile application, the website at counttoonebillion.com, and the services behind them (together, the “Service”).
1.2 By downloading, opening or using the Service, you agree to these Terms. If you do not agree to them, do not use the Service.
1.3 Our Privacy Policy explains what we collect, why, and what we do with it. It forms part of these Terms.
1.4 Additional terms apply depending on where you got the app: Annex A for the Apple App Store and Annex B for Google Play. Where an annex and the main body conflict, the annex governs for that marketplace.
1.5 Eligibility. You must be able to enter into a binding contract where you live. The app is suitable for all ages and contains nothing unsuitable for children, but it is not directed at children under 13 and an account requires an email address. If you are under 13 — or under the age at which the law where you live lets you agree to online services on your own, which is as high as 16 in parts of the European Economic Area — do not create an account unless a parent or guardian creates it for you and accepts these Terms on your behalf. A parent or guardian who does that is responsible for the account.
1.6 One person, one account.
2 What the Service is
2.1 Count to One Billion contains a single shared worldwide counter. Anyone using the app can claim the next number in the count. Each number is claimed once, recorded against the account that claimed it, in the order it happened.
2.2 Counting one number at a time is free for everyone. There is no subscription and no paywall. The app contains no advertising, and we will not introduce advertising into it.
2.3 Numbers are assigned by our servers, never by your device. Your device asks; the server decides which numbers you get and in what order. That is what keeps a single count true for everybody.
2.4 You cannot choose which number you claim. Every claim — free or paid — takes the next number, or the next block of numbers, available at the moment our server records it. Which number that turns out to be depends on what everyone else in the world is doing at that instant. No feature of the Service lets anyone select, reserve, target or predict a particular number.
2.5 If the count ever reaches 1,000,000,000, the app carries on counting and presents itself as “Count to One Trillion”. Nothing about the numbers you have already claimed changes.
2.6 The Service is a single experience, not a platform: there are no user profiles, no user-posted content, no messaging between users, and nothing you can publish through it.
2.7 We may add, change or remove features, artwork, sounds, themes and other content at any time, and some content is unlocked through use of the app rather than bought. Section 12 covers changes that affect the Service as a whole.
3 Your account
3.1 You need an account to claim numbers, because a number cannot be recorded as yours unless there is something to record it against. The account also holds your multi-packs.
3.2 Give an email address you control, keep your password to yourself, and keep your details current. We will never ask you for your password, and you should never send it to us.
3.3 You are responsible for everything that happens under your account.
3.4 You may sign in on more than one device. Your numbers and your multi-packs live in the account, not on the device, so signing in anywhere brings everything with you.
3.5 You agree not to:
- create an account by automated means;
- create more than one account for yourself, or create accounts in bulk;
- use disposable or throwaway email addresses to multiply accounts; or
- buy, sell, rent, share or transfer an account.
3.6 We may require you to confirm your email address before your claims count, and we may limit how many accounts are created from the same network in a day.
3.7 If you think someone else is using your account, tell us at support@counttoonebillion.com.
4 What a claimed number is — and is not
This section matters more than any other, so it is written plainly.
4.1 A claimed number is a record in our ledger saying that your account claimed that number at that time. That is the whole of it.
4.2 A claimed number is not:
- property, or a thing you own;
- a token, a coin, an NFT, or any blockchain or digital asset;
- a security, an investment, a commodity, or a financial instrument of any kind;
- a currency, credit, or store of value;
- transferable, sellable, tradeable, exchangeable or assignable;
- redeemable for money, goods, services or anything else;
- a license, an entitlement, or a promise of any future benefit.
4.3 It has no cash value. We do not operate, endorse or recognize any market for claimed numbers. We will not honour or record a transfer of a number between accounts, and any attempt to sell, transfer or encumber one is void and may lead to suspension under section 13.
4.4 Each number is claimed only once. That is a property of how a ledger is kept — like a page number — and is not a statement that a number is scarce, valuable, or an asset.
4.5 Nothing in the Service, and nothing in these Terms, is an offer of — or a promise of — any payment, prize, award or thing of value in exchange for claiming any particular number. See section 8.
5 The ledger
5.1 The worldwide count is a shared historical record. Claimed numbers are not un-counted and the count does not rewind — ever. Clauses 5.2 and 5.3 describe the only things that can happen to an entry, and neither is a rewind.
5.2 Claims obtained in breach. If numbers were claimed in breach of section 6 — for example by automation — we do not remove them from the count. Instead we may permanently unlink them from the account that claimed them, so they remain in the ledger as anonymous entries attributable to no one, and the account may be limited, suspended or closed under section 13. The count itself is unaffected.
5.3 We may correct genuine errors in the ledger — a duplicate, a gap, or an entry created by a fault — and will do so as narrowly as the error requires.
5.4 If you delete your account, your claimed numbers stay in the ledger and stay counted, but they are permanently unlinked from your account and can no longer be attributed to you, by us or by anyone. This cannot be undone. Deletion is described in section 13 and in the Privacy Policy.
5.5 When we say the ledger is permanent, we mean that we do not un-count numbers or reassign them while we operate the Service. It is not a promise that the Service will run forever — see section 12.
5.6 Offline counting. If your device is offline you can keep tapping, and up to 500 taps are saved to send when you reconnect; the app tells you when you pass that point. Saved taps that never reach us — because the app was closed before they could be sent — are not counted. Only numbers confirmed by our servers are ever in the count.
6 Fair use and the integrity of the count
The count is shared, so it has to be defended.
6.1 You agree not to:
- use bots, scripts, macros, emulators, automation tools, or modified or unofficial clients to claim numbers or interact with the Service;
- circumvent, disable or interfere with rate limits, device-integrity checks, or any other protection;
- access our servers or interfaces other than through the official app;
- probe, scan, overload, disrupt or attack the Service, or attempt to gain unauthorized access to any part of it;
- use the Service for any unlawful purpose, or in breach of the rules of the marketplace you got it from; or
- help anyone else do any of these things.
6.2 Rate limits. We apply limits on how many numbers an account can claim in a period. They are set generously — ordinary human tapping, including very fast tapping, is not the target — and we do not publish the exact thresholds, because publishing them would help the people they exist to stop. If you reach one, the app says so and normal counting resumes shortly afterwards.
6.3 Multi-packs you already own are not affected by rate limits and remain loadable.
6.4 Device integrity. We check that claims come from a genuine, unmodified copy of the app running on real hardware, using the device-integrity services provided by Apple and Google. Claims that fail this check are refused. These checks tell us whether the app and device are genuine; they are not used to identify you.
6.5 Anonymization of abusive claims. Where we determine, acting reasonably and in good faith, that claims were obtained by automation or by circumventing our protections, we may permanently unlink those claims from the account as described in 5.2, and may limit, suspend or close accounts used for that purpose. The numbers stay counted; they simply stop being anyone’s. Where we can do so without undermining the defense itself, we will tell you what happened, and you may reply to support@counttoonebillion.com — a human being reads it and will look again.
6.6 We are not obliged to detect every breach, and not enforcing a rule on one occasion does not waive it.
7 Multi-packs
7.1 A multi-pack claims a block of numbers with a single press. The sizes available at launch are 100, 500 and 1,000, sold singly or three at a time. We may add sizes later.
7.2 You buy them from the marketplace, not from us. Multi-packs are sold through the app marketplace you are using — the Apple App Store, Google Play, or another official store. That marketplace takes the payment under its own terms and handles refunds under its own policies. We never see or store your payment details. Our role is to grant the entitlement the marketplace tells us you bought.
7.3 They are consumable. A multi-pack sits in your account until you load it and press the button. Then it is used, and gone.
7.4 Multi-packs live in your account, not on your device. Signing in on another device brings them with you.
7.5 A multi-pack claims the next available block of numbers. It does not let you choose which numbers you get (see 2.4).
7.6 Multi-packs have no cash value. They are not transferable between accounts, not exchangeable, not redeemable for money, and they are forfeited if you delete your account.
7.7 Prices are set per marketplace and per country and may change. Any taxes are handled by the marketplace.
7.8 Refunds. Because the sale is the marketplace’s, refunds go through the marketplace: both Apple and Google provide a report-a-problem route in your purchase history. If a purchase went through and the pack did not arrive, the app has a re-sync control, and you can email support@counttoonebillion.com with your account email and roughly when you bought it. We will make it right.
7.9 If a purchase is refunded, reversed or charged back, we may remove the corresponding unused multi-packs from your account. Numbers already claimed with a pack stay claimed, because the count does not rewind (5.1). Repeated charge-backs may cost you the account.
7.10 We may change which multi-packs exist, their sizes and their prices, and we may stop selling any of them. Packs you already own stay usable, subject to section 12.
8 Promotions and events
8.1 Counting is free. Buying a multi-pack is never necessary to use the Service or to claim any number, and free one-at-a-time counting is available to everyone for as long as the Service runs.
8.2 Nobody, by any method, can select, target, reserve or predict a specific number. Every claim takes whatever the count is at that instant (2.4).
8.3 We may from time to time run a promotion or event connected with the Service. If we do, it will be announced and it will be governed by its own published rules, which will state who is eligible, how to take part, when, what is offered, and where it is not available. Those rules will control if they conflict with these Terms.
8.4 Except under rules published in accordance with 8.3, nothing in the Service is an offer of a prize, award, payment or benefit for reaching, crossing or claiming any number, and you should not use the Service in the expectation of one.
8.5 Anything offered under 8.3 will have no cash value and no cash alternative, and will be void where prohibited or restricted by law.
9 Ownership and your license
9.1 The app, the website, and everything in them — the artwork, the sounds, the text, the typography, the design of the machine and its rooms, and the names “Count to One Billion” and “Count to One Trillion” — belong to us or to our licensors. Using the Service gives you no rights in them beyond the license in 9.2.
9.2 We grant you a personal, limited, revocable, non-exclusive, non-transferable license to install and use the app on devices you own or control, for your own non-commercial use, in accordance with these Terms and the usage rules of the marketplace you got it from.
9.3 You may not copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, create derivative works from, rent, lease, lend, sell, redistribute or sublicense the app or any part of it — except to the extent that restriction is prohibited by law, including where mandatory law permits decompilation for interoperability.
9.4 Themes, sounds and other unlockable content are licensed as part of the app. Unlocking something is not a purchase and gives you no ownership of it.
9.5 The app includes third-party components, including open-licensed typefaces, which remain subject to their own licenses. Those licenses are included with the app.
9.6 You are welcome to take screenshots and screen recordings of the app and share your numbers. That is not commercial use.
9.7 If you send us an idea, suggestion or piece of feedback, we may use it without obligation or payment to you. Please do not send us anything you consider confidential.
10 Support and communications
10.1 Support is at support@counttoonebillion.com. A human being reads it. Please include your account email, and never your password.
10.2 Some emails come with the account and cannot be turned off while it exists: sign-up confirmation, password reset, and anything we are required to send you about your account, your purchases or these Terms.
10.3 We do not sell or share your email address. See the Privacy Policy.
10.4 We do not send marketing email. If that ever changes, it will be something you opt into, and you will be able to opt out again.
11 Privacy
11.1 What we collect, why, and what we do with it is set out in the Privacy Policy, which forms part of these Terms.
11.2 In short: an email address and a password so the account can exist, the numbers you claim, the multi-packs you buy, and the server logs and rate-limit counters needed to assign numbers and keep the count honest.
11.3 The app asks for none of the usual device permissions — no camera, microphone, photos, contacts or location. It needs a network connection, because the count is shared.
12 Availability, changes and discontinuation
12.1 We aim to keep the Service running and to fix what breaks. We do not promise that it will be uninterrupted, timely, secure or error-free. It depends on networks, devices, app marketplaces and third-party providers that we do not control.
12.2 We may change, suspend or withdraw any part of the Service, and may impose limits on its use, for reasons including maintenance, security, abuse, legal requirement, or because something is not working. Where a change is significant and we can foresee it, we will give notice in the app or on the website.
12.3 If we ever decide to stop operating the Service, then so far as is reasonably practicable we will: give notice in the app and on the website before it happens; stop selling multi-packs a reasonable time in advance of that date; and say what will become of the ledger.
12.4 To protect the count we maintain emergency measures, including the ability to pause claiming globally or freeze an individual account. We use them only where needed and restore normal service as soon as it is safe to.
12.5 Nothing in this section affects rights you have under mandatory consumer law (section 16), or your rights in respect of purchases you have already made.
13 Suspension and termination
13.1 You can leave whenever you like. Stop using the app at any time, and delete your account either in the app — Settings → Account → Delete Account — or by emailing support@counttoonebillion.com from the address your account uses, stating that you want the account deleted. You do not need to be signed in to make that request. Never send us your password. Deleting in the app takes effect immediately; deletion requests made by email are actioned within 7 days of receipt.
13.2 Deleting your account is permanent. Your claimed numbers stay counted and are unlinked from you (5.4), and unused multi-packs are forfeited (7.6). It cannot be undone.
13.3 We may suspend or terminate your account, or limit your access to the Service, if you materially breach these Terms (in particular section 6), if we are required to by law, or if leaving the account open would create a security or integrity risk.
13.4 Where it is practicable and lawful to do so, we will tell you what happened and give you a way to reply. A suspension imposed on suspicion of automation will be lifted if the suspicion turns out to be wrong.
13.5 Sections 4, 5, 9, 14, 15, 17 and 19 survive the end of this agreement, along with any other provision that by its nature should.
14 Disclaimers
14.1 Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all warranties, conditions and terms implied by statute, common law or otherwise — including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and any arising from a course of dealing or usage of trade.
14.2 We do not warrant that the Service will meet your requirements, that it will be available without interruption, or that defects will be corrected. We do not warrant that any number, position in the count, or ledger entry has, or will come to have, any value.
14.3 No advice or information you get from us, in any form, creates a warranty that is not stated in these Terms.
14.4 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. If you are a consumer, your statutory rights are unaffected — see section 16.
15 Limitation of liability
15.1 To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, goodwill or data, or for the loss of claimed numbers, ledger entries or unused multi-packs, however caused and on any theory of liability.
15.2 To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of (a) the total amount you paid for multi-packs in the twelve months before the event giving rise to the claim, and (b) US $50.
15.3 These limits apply even if we have been advised of the possibility of the loss, and even if a limited remedy fails of its essential purpose.
15.4 Some jurisdictions do not allow some of these exclusions or limitations, so parts of this section may not apply to you. Clause 14.4 and section 16 apply to this section too.
16 If you are a consumer
16.1 If you use the Service as a consumer, you have rights under the law of the country where you live that these Terms cannot take away or reduce. Nothing in these Terms affects those rights, and where a clause here conflicts with them, your rights win.
16.2 If you are in the European Economic Area or the United Kingdom, you have statutory rights about the quality and conformity of digital content, including remedies if what you buy does not match its description or does not work as it should. Those remedies are in addition to anything offered in section 7.
16.3 Right of withdrawal. Multi-packs are digital content that is supplied to your account immediately on purchase. Where the law gives you a 14-day right to withdraw from a purchase of digital content, that right is lost once supply has begun with your express consent and your acknowledgement that you lose it. The marketplace collects that consent as part of its purchase flow. If your marketplace’s flow does not, contact the marketplace, or us, and we will help you sort it out.
16.4 Complaints. Write to support@counttoonebillion.com. We will reply. Depending on where you live, you may also be able to take a complaint to an alternative dispute resolution body or a consumer authority in your country; where the marketplace was the seller, its own complaint route may apply as well.
16.5 If you are a consumer, you may bring proceedings in the courts of the country where you live, and the mandatory law of that country applies to you regardless of section 17.
16.6 California users. Under California Civil Code §1789.3, California residents are entitled to the following notice: the Service is provided by All But Everything Inc., 8615 Washington Blvd., Culver City, CA 90232. Complaints may be directed to support@counttoonebillion.com, or to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
17 Governing law and disputes
17.1 This section is subject to 16.5. If you are a consumer whose local law gives you the protection of your own courts and your own law, that protection applies and nothing below takes it away.
17.2 Governing law. These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17.3 Talk to us first. Before starting any formal proceeding, please email support@counttoonebillion.com describing the problem and what you want. Most things can be sorted out this way. Give us 60 days.
17.4 Arbitration. If we cannot resolve it, any dispute will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The arbitration may be conducted on documents, by telephone or by video, or in person in the county where you live. The AAA’s rules govern the allocation of fees.
17.5 Small claims. Either of us may bring an individual claim in small-claims court instead, if it qualifies.
17.6 Injunctions. Either of us may ask a court for an injunction or equitable relief to protect intellectual property or to stop a breach of section 6.
17.7 No class actions. Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. Both of us waive any right to a jury trial. If this clause is found unenforceable as to a particular claim, that claim will be severed and heard in court under 17.9, and the rest of this section continues to apply.
17.8 You can opt out. You may opt out of 17.4 and 17.7 within 30 days of first accepting these Terms by emailing support@counttoonebillion.com with the subject line “Arbitration opt-out” and the email address your account uses. Opting out costs you nothing and changes nothing else in these Terms.
17.9 Where arbitration does not apply, or where you have opted out, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction, subject always to 16.5.
18 Changes to these terms
18.1 We may update these Terms — for example when the app changes, or when the law does.
18.2 If a change is material, we will change the effective date at the top and give notice in the app and on the website, at least 30 days before it takes effect where that is practicable.
18.3 Continuing to use the Service after the new Terms take effect means you accept them. If you do not accept them, stop using the Service and, if you want, delete your account (13.1).
18.4 Changes do not apply retroactively to a dispute that either of us has already raised in writing.
18.5 The current version of these Terms always lives at counttoonebillion.com/terms.html, with its version and effective date at the top. We keep our own records of every version and of what was in effect when.
19 General
19.1 Entire agreement. These Terms, together with the Privacy Policy, the annexes, and any rules published under 8.3, are the entire agreement between you and us about the Service, and replace anything said or written before.
19.2 Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest continues in force.
19.3 No waiver. If we do not enforce a provision, that is not a waiver of it.
19.4 Assignment. You may not assign or transfer these Terms or your account. We may assign them to an affiliate, or in connection with a merger, acquisition or sale of assets, on notice to you; your rights are not reduced by such an assignment.
19.5 Events outside our control. We are not liable for failure or delay caused by something beyond our reasonable control, including network and infrastructure failures, marketplace outages, and acts of government.
19.6 Notices. We give you notice by email to your account address, or in the app, or on the website. You give us notice at support@counttoonebillion.com; formal legal notices should also go to 8615 Washington Blvd., Culver City, CA 90232.
19.7 No partnership. These Terms do not create an agency, partnership, employment or joint-venture relationship.
19.8 Reading them. Headings are for convenience. “Including” means “including without limitation”.
19.9 Language. These Terms are written in English, and the English version governs. Any translation is provided for convenience only, except where local law requires otherwise.
19.10 Third parties. Nobody other than you and us has any right to enforce these Terms, except Apple as set out in Annex A.
19.11 Export and sanctions. You may not use the Service in breach of applicable export-control or sanctions laws, and you confirm you are not a person with whom dealing is prohibited under them.
20 Contact
20.1 All But Everything Inc.
8615 Washington Blvd., Culver City, CA 90232
support@counttoonebillion.com
20.2 A human being reads it.
A Annex A — Apple App Store
This annex applies if you got the app from the Apple App Store. It reflects the terms Apple requires an app’s end-user agreement to contain.
A.1 These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the app and its content.
A.2 Scope of license. The license granted in 9.2 is a non-transferable license to use the app on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
A.3 Maintenance and support. We alone are responsible for providing maintenance and support for the app, as described in section 10. Apple has no obligation to furnish any maintenance or support services.
A.4 Warranty. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility.
A.5 Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
A.6 Intellectual property claims. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
A.7 Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
A.8 Contact. Questions, complaints and claims about the app go to All But Everything Inc., support@counttoonebillion.com.
A.9 Third-party terms. You must comply with any applicable third-party terms when using the app.
A.10 Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of them Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
B Annex B — Google Play
This annex applies if you got the app from Google Play.
B.1 Google is not a party to these Terms and is not responsible for the app or its content. Your use of Google Play is governed by the Google Play Terms of Service.
B.2 Multi-packs bought through Google Play are sold by Google under its own payment terms. Refunds are handled under Google Play’s refund policy, through the report-a-problem route in your purchase history (7.8).
B.3 The device-integrity checks described in 6.4 use Google’s Play Integrity service on Android devices.
B.4 Nothing in this annex reduces your rights under section 16.