Terms of Service

Terms of Service

Version 1.0.0

Effective Date: October 8, 2026

These Terms of Service (“Terms”) govern your access to and use of the Site and the Services. Bristlecone IT Services (“BITS,” “we,” “us”) is operated by Corey J. Mahler. Please read these Terms together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Disclaimer.

Summary

  • These Terms cover the Site and the Services. Some Products have their own Product Terms, and those Product Terms control for that Product.
  • Freeware and Plugins are free, are provided as is, and come with their own Licenses, which control.
  • Payments made directly to us are processed by Stripe in the name of Corey J. Mahler. Apple bills Apple-Billed Products, such as zDiary subscriptions.
  • Disputes are resolved by individual arbitration, unless you opt out by mail within 30 days.

This summary is for convenience. The full Terms below control.

1. Acceptance of These Terms

By accessing or using the Site or the Services, you agree to these Terms and to the Site Policies, which are part of these Terms. If you do not agree, do not use the Site or the Services.

Our Contact form and Feedback form also display this notice: “By submitting this form, you agree to our Terms of Service and acknowledge our Privacy Policy.” Submitting a form confirms your agreement to these Terms. Your use of the Site or the Services is subject to these Terms whether or not you submit a form.

2. Who We Are

Bristlecone IT Services (“BITS,” “we,” “us”) is operated by Corey J. Mahler. “Our” refers to BITS. “You” means the person who accesses or uses the Site or the Services.

3. Key Definitions

  • “Site” means bristleconeit.com and all of its pages.
  • “Services” means the Site, the Contact form, the Feedback form, downloads offered from the Site, and any other online service we provide that links to these Terms.
  • “Products” means the software and apps we make available, including the zSuite Apps, the Freeware, the Plugins, and Bristlecone R2 once it is released.
  • “zSuite Apps” means our zSuite family of personal software, including zDiary (currently in open beta) and zDossier (a planned zSuite product, coming soon). The zSuite hub is at zsuite.cc.
  • “Freeware” means the free downloadable software offered on the Site’s Freeware page, currently Launcher for AirPort Utility v5.6.1 for Mac.
  • “Plugins” means our free WordPress plugins, currently Bristlecone Markdown and Bristlecone Admin Styles.
  • “License” means the license that comes with a Freeware item or a Plugin, including any third-party licenses for components bundled with it.
  • “Product Terms” means terms of use, privacy policies, license agreements, or other terms that we publish for a specific Product, such as the zDiary Terms of Use (https://bristleconeit.com/zsuite/zdiary/terms/) and the zDiary Privacy Policy (https://bristleconeit.com/zsuite/zdiary/privacy/).
  • “Site Policies” means our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Disclaimer.
  • “Submissions” means anything you send us through the Contact form, the Feedback form, or by mail. Submissions include Feedback.
  • “Feedback” means bug reports, suggestions, ideas, and other remarks about the Site or the Products.
  • “Third-Party Services” means websites, services, and software operated by someone other than BITS, such as Apple, Stripe, Cloudflare, WordPress.org, and GitHub.
  • “Apple-Billed Product” means a Product or subscription that is sold through Apple’s App Store and billed by Apple, such as a zDiary subscription.
  • “Voluntary Contribution” means an optional payment made to support the development of a Product, such as through the “Support Bristlecone R2” link.
  • “Pre-Release Product” means a Product, or a feature of a Product, that is in beta, in open beta, in preview, or described as “coming soon.”

4. Product Terms, Licenses, and Order of Precedence

  • Product Terms control for their Product. If these Terms conflict with the Product Terms for a Product, the Product Terms control for that Product. This includes subscriptions, privacy, disclaimers, limits on liability, and dispute resolution. For zDiary, the zDiary Terms of Use and the zDiary Privacy Policy control, and the zDiary Terms of Use incorporate Apple’s Licensed Application End User License Agreement (the “Standard EULA”).
  • Licenses control for Freeware and Plugins. Each Freeware item and each Plugin is governed by its own License, and that License controls over these Terms. The Plugins are licensed under the GNU General Public License, version 2 or later (“GPL-2.0-or-later”). Components bundled with a Product remain subject to their own licenses, as listed in the notices that ship with the Product.
  • Your License rights are not reduced. Nothing in these Terms or the Site Policies limits any right a License grants you, including any right under the GPL to copy, modify, or redistribute a Plugin.
  • These Terms fill the gaps. Where Product Terms or a License do not address a subject, these Terms apply to the extent they are consistent with the Product Terms or License.

5. Eligibility

The Site is not directed at children under 13. You must be at least 13 years old, or the higher age of digital consent required where you live, to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms for you.

6. Using the Site

Subject to these Terms, we give you a limited, nonexclusive, nontransferable, revocable permission to access and use the Site for your personal use or for the internal purposes of your organization. You must follow our Acceptable Use Policy. We may change, suspend, or discontinue any part of the Site or the Services at any time, with or without notice.

7. Our Content and Intellectual Property

The text, graphics, documentation, tutorials, logos, and other materials on the Site (“Site Content”) belong to BITS or its licensors and are protected by copyright, trademark, and other laws. You may view, download, and print Site Content for your personal, noncommercial reference. Except as a License or the law allows, you may not copy, republish, sell, or create derivative works from Site Content without our written permission.

The names Bristlecone IT Services, BITS, zSuite, zDiary, zDossier, Bristlecone Markdown, Bristlecone Admin Styles, and Bristlecone R2, and their logos, are our brand names. You may not use them in a way that suggests we sponsor, endorse, or are affiliated with you or your products. Source code for the Plugins is governed by its License, not by this section.

8. Freeware and Plugins

  • Free of charge. The Freeware and the Plugins are free. No account or purchase is required.
  • Provided as is. The Freeware and the Plugins are provided “as is” and “as available,” without any warranty, as described in Section 14 and in their Licenses. You use them at your own risk. Back up your computer, your router configuration, or your WordPress site before you install or use them.
  • Launcher for AirPort Utility v5.6.1. The Launcher is not authorized, approved, or recognized by Apple. Apple software included with or used by the Launcher remains subject to Apple’s own terms. We do not promise that the Launcher will work on any particular version of macOS or with any particular AirPort hardware.
  • Where to get the Plugins. The Plugins are available from GitHub and, once their listings are approved, from WordPress.org. Your use of those sites is governed by their own terms.
  • No duty to support. We are not required to provide support, updates, or fixes for the Freeware or the Plugins, although we may choose to.

9. Submissions and Feedback

  • Your responsibility. You are responsible for your Submissions. Please do not send passwords, payment card numbers, financial account numbers, government identification numbers, health information, or other sensitive information through our forms.
  • How we use Submissions. We use Submissions to respond to you and as described in our Privacy Policy.
  • Feedback. If you send us Feedback, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable license to use that Feedback to improve, develop, and support our Products. We are not required to use your Feedback or to pay you for it, and we will not publish your name with your Feedback without your permission.
  • No confidential ideas. Please do not send us confidential information or unsolicited ideas that you want to keep. We cannot treat Submissions as confidential.

10. Payments

Payments Processed by Stripe

When you pay us directly, such as a Voluntary Contribution or any direct purchase we may offer, Stripe processes the payment. Payments are processed in the name of Corey J. Mahler, as the individual operator of BITS. Your receipt or card statement may show “BITS,” “Bristlecone IT Services,” or the name of a BITS product as the descriptor. These charges are from us. If you do not recognize a charge, please contact us before you dispute it with your bank.

Stripe handles your card data. We do not store full card numbers. Stripe’s own terms and privacy policy govern how Stripe handles your information.

Apple-Billed Products

Apple-Billed Products are billed by Apple under the Product Terms for that Product. zDiary, for example, is sold as an auto-renewing subscription through Apple. Apple handles all billing, cancellation, and refunds for zDiary, and refund requests should be sent to Apple. We do not process payments for Apple-Billed Products through Stripe, and we do not receive your card details from Apple.

Voluntary Contributions

Voluntary Contributions are optional. They help fund development, but they do not buy any Product, License, feature, support, or priority, and they are not charitable gifts. A Pre-Release Product that you support may change or may never be released.

Refunds and Billing Errors

Voluntary Contributions are non-refundable, except to correct billing errors. If you believe we charged you in error, contact us and we will review the charge and correct any billing error.

11. Pre-Release Products

Pre-Release Products may contain errors, may change without notice, and may be discontinued. Descriptions of planned Products or features, such as zDossier, Bristlecone R2, or zSync, describe our current plans. They are not promises that a Product or feature will be released, or that it will be released on any timeline. Participation in the zDiary open beta through Apple’s TestFlight is also governed by Apple’s terms and by the zDiary Product Terms.

12. Third-Party Services and Links

The Site links to and relies on Third-Party Services, and some Products are distributed through them. Third-Party Services are governed by their own terms and privacy policies. We do not control them and are not responsible for their content, availability, or practices. A link to a Third-Party Service is not an endorsement.

13. Privacy

Our Privacy Policy and Cookie Policy explain how we handle information collected through the Site and the Services. For zDiary, the zDiary Privacy Policy explains how the app handles your information and controls for the app.

14. Disclaimer of Warranties

To the fullest extent permitted by law, the Site, the Services, the Site Content, and the Products are provided “as is” and “as available,” with all faults and without warranties of any kind, whether express, implied, or statutory. We disclaim all warranties, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment, and any warranties arising from a course of dealing or usage of trade.

We do not promise that the Site or the Products will be uninterrupted, timely, secure, or error-free; that they will be free of viruses or other harmful components; that the Freeware or the Plugins will work with your hardware, operating system, or WordPress installation; that using them will not cause loss of data or configuration; or that any Site Content is accurate, complete, or current. No advice or information you get from us creates any warranty that is not stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

15. Limitation of Liability

To the fullest extent permitted by law, BITS and Corey J. Mahler will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, use, or goodwill, business interruption, or cost of substitute goods or services, arising from or related to these Terms, the Site, the Services, or the Products, even if we have been advised of the possibility of those damages.

To the fullest extent permitted by law, our total liability for all claims arising from or related to these Terms, the Site, the Services, or the Products will not exceed the greater of (a) the amounts you paid to BITS in the 12 months before the claim arose, or (b) fifty U.S. dollars (US $50).

These limits apply to every legal theory, whether in contract, tort (including negligence), strict liability, or otherwise, and they apply even if a limited remedy fails of its essential purpose. Where Product Terms set their own limit on liability for a Product, that limit controls for that Product. Nothing in these Terms limits any liability that cannot be limited under applicable law.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or other limits on liability, so some of the above may not apply to you.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless BITS, Corey J. Mahler, and our representatives from any third-party claims, losses, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, the Acceptable Use Policy, the law, or the rights of others, or from your misuse of the Site, the Services, or the Products.

17. Suspension and Termination

These Terms remain in effect while you use the Site or the Services. You may stop using them at any time. We may suspend or end your access to the Site or the Services, block your Submissions, or refuse service at any time if you violate these Terms or if we reasonably believe it is necessary to protect the Site, the Services, other users, or BITS. Rights you have under a License end only as that License provides.

Sections 7, 9, 10 (as to amounts already owed or paid), and 14 through 21 survive termination.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules. This does not take away any protection you have under the consumer protection laws of the place where you live. The Federal Arbitration Act governs Section 19.

Any claim that is not resolved in arbitration or in small claims court will be brought only in the state courts located in Blount County, Tennessee, or in the United States District Court for the Eastern District of Tennessee, Northern Division, at Knoxville, and you and we consent to the personal jurisdiction of those courts.

19. Dispute Resolution and Arbitration

Please read this section carefully. It affects how disputes between you and us are resolved, and it waives your right to a jury trial and to bring a class action.

  • Informal resolution first. Before starting an arbitration or court case, the person bringing the claim will send a written description of the dispute, with the name and mailing address of the person bringing it and the relief requested, by mail to the address in the Contact Us section or through the Contact form (for claims against us), or to the contact details you have given us (for claims against you). You and we will try in good faith to resolve the dispute informally for 30 days after the notice is received.
  • Individual arbitration. Except as described below, you and we agree to resolve any dispute or claim arising from or relating to these Terms, the Site Policies, the Site, the Services, or the Products through binding arbitration on an individual basis. If Product Terms for a Product contain their own dispute resolution provisions, those provisions govern disputes about that Product. There is no judge or jury in arbitration.
  • Provider and rules. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules in effect when the arbitration is filed. Where they apply, the AAA’s Mass Arbitration Supplementary Rules will also govern. If the AAA is unable or unwilling to administer the arbitration, you and we will agree on a substitute provider, or a court will appoint one.
  • Seat and hearings. The seat of arbitration is Blount County, Tennessee. Any hearing may be held by phone or video, or in person at a location determined under the AAA Consumer Arbitration Rules.
  • Fees. Filing, administration, and arbitrator fees are governed by the AAA Consumer Arbitration Rules.
  • Class-action waiver. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not combine more than one person’s claims.
  • Small claims court. Either you or we may instead bring an individual claim in small claims court if the claim qualifies and remains there.
  • Intellectual property. Either you or we may bring a lawsuit in court solely for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation, or other misuse of copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  • Opting out. You may opt out of this Section 19 by mailing a written notice to Corey J. Mahler, PO Box 296, Townsend, TN 37882, postmarked within 30 days after you first accept these Terms. Include your name, your mailing address, and a clear statement that you want to opt out of arbitration. Opting out does not affect the rest of these Terms. Opting out of this Section 19 does not opt you out of arbitration under any Product Terms; to opt out of those, follow the instructions in the Product Terms.
  • Changes to this section. If we change this Section 19, the change will not apply to any dispute that was pending, or of which we had notice, before the change took effect.
  • Severability of this section. If the class-action waiver is found unenforceable for any claim, that claim will proceed in court rather than in arbitration, and the rest of this Section 19 will continue to apply to all other claims.

20. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms at https://bristleconeit.com/terms/ and change the version number and the Effective Date. If a change is material, we will give reasonable notice on the Site before it takes effect. Updated Terms apply from their Effective Date and do not apply retroactively. If you keep using the Site or the Services after an update takes effect, you accept the updated Terms.

21. General Terms

  • Entire agreement. These Terms, together with the Site Policies and any applicable Product Terms and Licenses, are the entire agreement between you and us about their subject and replace any earlier agreements or understandings about it.
  • Severability. If any provision of these Terms is found unenforceable, that provision will be enforced to the fullest extent permitted, and the rest of these Terms will remain in effect.
  • No waiver. Our failure or delay in enforcing any provision of these Terms is not a waiver of our right to enforce it later.
  • Assignment. You may not assign or transfer these Terms without our written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including to any business entity formed to carry on the business of BITS or to any successor in a merger, reorganization, or sale of assets.
  • Notices. We may give you notice by posting it on the Site or by writing to contact details you have given us. You may give us notice by mail to the address in the Contact Us section or through the Contact form, except that arbitration opt-out notices must be sent by mail.
  • Events beyond our control. We are not responsible for any delay or failure caused by events beyond our reasonable control.
  • No third-party beneficiaries. These Terms do not give any rights to anyone other than you and us.
  • Relationship. These Terms do not create any partnership, joint venture, employment, or fiduciary relationship.
  • Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If these Terms are translated, the English version controls.

Contact Us

Corey J. Mahler

PO Box 296

Townsend, TN 37882

Contact form: https://bristleconeit.com/contact/