Last Updated: 2025.01.07
1. Introduction
Welcome to AquaTrack: Daily Water Balance (the “App”), owned and operated by Pavel Turchenko, an Individual Entrepreneur based in Ukraine (“we,” “us,” “our”). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms of Use (“Terms”). If you do not agree, please do not use the App.
This End-User License Agreement (EULA) is concluded between you (the end-user) and us, not with Apple. We, not Apple, are solely responsible for the Licensed Application (the App) and its content. Your use of the App must comply with the Apple Media Services Terms and Conditions.
2. Eligibility and Age Requirements
You must have the legal capacity to enter into these Terms in your jurisdiction. The App is accessible to users of all ages, including individuals aged 3 and older. If you are a minor, you may use the App only under the supervision of your parent or guardian who agrees to these Terms on your behalf.
3. App Description and Purpose
The App is designed to help users track their daily water intake. It allows you to input your age, gender, weight, and activity level to estimate your recommended daily water consumption. All such personal data is stored locally on your device and is not transmitted to our servers.
We are solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. No Medical Advice or Professional Consultation
The App and its content are provided for informational and educational purposes only. It is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider before making any changes to your hydration, diet, exercise routines, or lifestyle. We do not guarantee the accuracy, completeness, or suitability of any information provided by the App.
5. User Responsibilities
• Account Data: You are responsible for maintaining the accuracy of any data you provide within the App and for any actions taken based on its recommendations.
• Compliance with Laws: You agree to comply with all applicable local, national, and international laws and regulations when using the App.
• Prohibited Conduct: You agree not to:
• Use the App for any unlawful, fraudulent, or malicious purposes.
• Disrupt, interfere with, or compromise the security or functionality of the App.
• Attempt to reverse engineer, decompile, or hack the App’s code.
• Infringe upon the intellectual property rights of us or any third party.
You acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) claims that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Rights
The App, including but not limited to its name, logo, text, graphics, images, user interface, designs, source code, and all other intellectual property, is the exclusive property of Pavel Turchenko and is protected by international copyright, trademark, and other intellectual property laws.
• License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for personal, non-commercial purposes and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Restrictions: You may not reproduce, modify, distribute, sell, rent, lease, or create derivative works of the App or its content without our express written consent.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. In-App Purchases
The App may offer paid subscriptions or other in-app purchases through Apple App Store In-App Payments or Google Play In-App Payments. All payment transactions and refunds, if any, are subject to Apple or Google’s payment policies. We do not collect or store your financial information.
• Pricing and Changes: We reserve the right to modify subscription prices or introduce new paid features at any time. We will provide notice of price changes where required by applicable laws or platform policies.
8. Privacy
Your use of the App is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the App, you agree to our collection, use, and disclosure of information as described in our Privacy Policy.
9. Data Collection and Analytics
We use third-party analytics services (such as Google Analytics or similar platforms) to help us understand how users engage with the App, diagnose performance issues, and improve our services. These analytics services may collect and process the following types of information:
• Approximate Geolocation Data: We may collect approximate (non-precise) information about your geographic location to better understand usage patterns and to improve our services. We do not use this data to identify you personally.
• Usage Data and Interactions: We collect information about how you interact with the App, such as the screens you visit, the buttons you click, and the time spent on different features. This helps us understand user engagement and improve the user experience.
• Purchases and Subscription Data: If you make in-app purchases or subscribe to any paid features, we may collect non-financial information about these transactions (e.g., purchase confirmations) to analyze trends and provide better features and support.
• Crash and Performance Data: We collect crash reports and performance metrics to diagnose and fix technical issues. This data is used solely for troubleshooting and improving the reliability of the App.
Collected data may be shared with our third-party analytics providers according to their respective privacy practices. We do not use this data to personally identify you, and we do not store any personally identifiable information on our own servers without your explicit consent. Your continued use of the App constitutes your consent to this data collection and analysis. If you wish to opt out of certain analytics services, you may adjust your device settings (where available) or contact us for more information.
10. Third-Party Services and Links
The App may integrate or link to third-party services, such as Bugfender for error logging or the Apple/Google payment systems for in-app purchases. We do not control, endorse, or assume responsibility for third-party content, privacy policies, or practices. Your use of third-party services is at your own risk and subject to their own terms and policies.
You must comply with all applicable third-party terms of agreement when using the App. For example, if the App uses VoIP, you must not be in violation of your wireless data service agreement when using the App.
11. Disclaimer of Warranties
To the fullest extent permitted by law, the App is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
12. Limitation of Liability
To the maximum extent permitted by law, in no event shall we, our officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the App or these Terms, including but not limited to loss of data, loss of use, or financial losses, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to the App or these Terms shall not exceed the amount paid by you (if any) for accessing the App in the twelve (12) months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Pavel Turchenko, his officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the App, violation of these Terms, or infringement of any third party’s rights.
14. Termination
We reserve the right to terminate or suspend your access to the App at any time, with or without notice, for any reason, including but not limited to a violation of these Terms. Upon termination, you must cease all use of the App and delete it from your device.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the App shall be resolved through negotiations, and if not resolved, shall be submitted to the exclusive jurisdiction of the courts located in Ukraine.
16. Changes to These Terms
We may update these Terms from time to time. The most current version will be made available within the App or on our website. Your continued use of the App after any changes indicates your acceptance of the revised Terms.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
18. Contact Us
If you have questions or concerns about these Terms, please contact us at:
Email: info@posterumsoft.com
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.