Terms of Service

1. The agreement

These Terms of Service (the "Terms") are a legal agreement, including an end-user license agreement, between you and Antonín Wingender, an individual developer based in the Czech Republic ("we"), for the Abvy mobile application and its widgets, watch app, and Siri shortcuts (together, the "App"). By downloading or using the App you accept these Terms.

These Terms are concluded between you and us only, not with Apple Inc. or Google LLC, and we, not Apple or Google, are solely responsible for the App and its content. Nothing in these Terms conflicts with the Apple Media Services Terms and Conditions or Google Play Terms of Service as of the effective date, and where you obtained the App from an app store, that store's usage rules also apply.

2. BAC estimates are estimates (important)

• Estimates are computed from what you log and from population averages. Real BAC varies with hydration, food, medications, genetics, and factors no app can observe; the deviation is commonly ±20-30% and can be more.
• The App is not a breathalyzer and does not measure anything in your body.
• An estimate, including "zero" or "below your limit", is never a legal determination of intoxication or fitness to drive. Legal limits are also not safety thresholds.
• The only safe amount of alcohol before driving is none. If you have been drinking, do not drive.
• You use every estimate, insight, and notification entirely at your own risk.

By using the App you confirm that you have read this section and accept these limitations of the estimates expressly and separately from the rest of these Terms.

3. Not medical advice

The App is for informational purposes only. It does not provide medical advice, diagnosis, or treatment, and it is not a substitute for professional medical advice. Never disregard or delay seeking medical advice because of something the App shows. If you think you or someone else may be experiencing alcohol poisoning or any medical emergency, call your local emergency number (112 in the EU, 911 in the US) immediately.

If you are concerned about your relationship with alcohol, or experience withdrawal symptoms when you stop drinking, please talk to a doctor. Stopping abruptly after sustained heavy drinking can be dangerous and deserves medical supervision.

4. Who can use Abvy

To use the App you must, and you represent that you do:

• be at least 18 years old and of legal drinking age in the place where you live;
• use the App only in compliance with the laws that apply to you, including alcohol and road-traffic laws;
• never use the App as a reason or justification to drive, operate machinery, or do anything else that requires sobriety after drinking;
• not be located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and not be on any U.S. Government list of prohibited or restricted parties.

The App is a measurement and awareness tool. It does not encourage drinking.

5. Your data is yours, and it lives on your device

The App stores your tracked data locally on your device, as described in our Privacy Policy. We keep no copy. If you delete the App, reset it, or lose your device without a backup (for example the App's optional iCloud backup or a device backup), your data is permanently gone and we cannot recover it. Maintaining a backup is your responsibility; the App's backup and export tools are provided to help.

6. License

We grant you a personal, non-transferable license to use the App on any Apple-branded products that you own or control, or on your Android devices, as permitted by the usage rules set out in the Apple Media Services Terms and Conditions (including access through Family Sharing or volume purchasing) or the Google Play Terms of Service. The App is licensed to you, not sold.

7. Subscriptions and purchases

Some features require a paid plan: an auto-renewing yearly subscription (with a 14-day free trial), an auto-renewing monthly subscription, or a one-time lifetime purchase. The exact price is always shown before you buy.

• Payment is charged to your Apple or Google account. The purchase contract is with the store operator (for customers in the EEA, Apple Distribution International Ltd.), and billing, statutory withdrawal rights, and refunds are handled by the store under its terms. We cannot issue refunds ourselves; request them from Apple or Google.
• Subscriptions renew automatically for the same period at the shown price unless you cancel at least 24 hours before the end of the current period. You can cancel anytime in your device's subscription settings; cancelling stops the next renewal and keeps access until the period ends.
• The yearly plan's free trial converts into a paid subscription when it ends unless cancelled at least 24 hours before. Any unused trial is forfeited when you buy another plan.
• The lifetime plan is a single payment, not a subscription; it does not renew.

8. Changes to the App

We may change, improve, or discontinue features over time for valid reasons: to fix bugs and security issues, to comply with the law or platform requirements, to adapt to new operating system versions, or to develop the product. Changes are provided at no extra cost. If a change materially and negatively affects your access to or use of paid features, we will inform you in advance, and you may terminate these Terms and your subscription free of charge within 30 days of the change or the notice, whichever is later. We will keep the App in conformity with EU rules on digital content, including supplying updates needed to maintain conformity.

9. Acceptable use

You may not copy, modify, distribute, sell, or lease any part of the App, reverse engineer it except where the law permits, use it to build a competing dataset or service, interfere with its operation, or use it in any unlawful way.

10. Intellectual property

The App, its design, code, drink catalog, and content are our property or licensed to us and are protected by law. Content you create in the App (your logs, notes, and photos) is yours. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of the claim.

11. Third-party services and terms

You must comply with applicable third-party terms when using the App, for example your wireless data agreement, the Apple Media Services Terms and Conditions, and Apple's terms for iCloud and Apple Health. Third-party services the App relies on are described in the Privacy Policy.

12. Maintenance and support

We alone are responsible for maintenance and support of the App; Apple has no obligation whatsoever to furnish any maintenance and support services for it. Support is provided on a reasonable-effort basis at support@abvy.app.

13. Warranty

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind beyond those that cannot be disclaimed. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other warranty claims, losses, liabilities, damages, costs, or expenses are our sole responsibility.

If you are a consumer in the EU, you retain all mandatory statutory rights, including the remedies for lack of conformity of digital content (such as bringing the App into conformity, price reduction, or termination), and nothing in these Terms limits them.

14. Liability

We, not Apple, are responsible for addressing any claims by you or third parties relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, claims under consumer protection, privacy, or similar legislation, and claims in connection with the App's use of the HealthKit framework.

To the maximum extent permitted by applicable law, our total liability for claims arising out of or relating to these Terms or the App is limited to the amount you paid for the App in the 12 months before the event giving rise to the claim, and we are not liable for indirect or consequential damages, or for loss of data you did not back up. Nothing in these Terms excludes or limits liability for intentional misconduct or gross negligence, for death or personal injury caused by our negligence, or any other liability that cannot be excluded by law. Decisions you make while or after drinking, including the decision to drive, are yours alone (see Section 2).

15. Termination

You can stop using the App at any time; deleting it ends the license. We may terminate the license if you materially breach these Terms. Sections that by their nature should survive (2, 3, 10, 13, 14, 17) survive termination.

16. Apple as third-party beneficiary

You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

17. Governing law and disputes

These Terms are governed by the law of the Czech Republic. If you are a consumer, you also enjoy the mandatory consumer protections of the country where you live, and you may bring proceedings there. Consumers may also use out-of-court dispute resolution: the Czech Trade Inspection Authority (Česká obchodní inspekce, coi.cz) or another entity on the EU list of alternative dispute resolution bodies under Directive 2013/11/EU.

18. Changes to these Terms

We may update these Terms for the reasons in Section 8. Material changes will be announced in the App, and the effective date above always reflects the current version. Continuing to use the App after a change takes effect means you accept it; if you do not, stop using the App and, where Section 8 applies, terminate free of charge.

19. Developer information

Antonín Wingender
Email: support@abvy.app

Questions, complaints, or claims about the App should be directed to the contacts above.