Last Updated: 2025.03.25

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.

These Terms constitute a legally binding agreement between you (the “User”) and us regarding your use of the App. Your use of the App is also governed by our Privacy Policy, which is incorporated herein by reference.

2. Eligibility and Age Requirements

You must have the legal capacity to enter into these Terms in your jurisdiction. The App is available to users of all ages. If you are a minor, you may only use the App under the supervision of a 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 by allowing you to input personal data such as age, gender, weight, and activity level. This information is stored locally on your device to calculate personalized hydration recommendations. In addition, the App integrates with advertising services, including Google AdMob, to display personalized ads.

We are solely responsible for the design, maintenance, and support of the App. Neither Apple nor Google is responsible for any aspect of the App’s functionality or content.

4. No Medical Advice or Professional Consultation

The App and its content are provided for informational and educational purposes only. They are not intended to substitute professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before making any changes to your hydration, diet, exercise routines, or lifestyle. We do not warrant the accuracy, completeness, or suitability of the information provided.

5. User Responsibilities

• Data Accuracy: You are responsible for ensuring that the information you enter into the App is accurate and up-to-date.
• 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. You further agree not to disrupt, interfere with, or compromise the security or functionality of the App, including by reverse engineering, decompiling, or otherwise attempting to derive its source code.

You acknowledge that any claims, disputes, or issues regarding the App shall be addressed solely by us and not by Apple or Google.

6. Intellectual Property Rights

The App, including its name, logo, text, graphics, images, user interface, designs, and source code, 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 in accordance with these Terms.
• Restrictions: You may not reproduce, modify, distribute, sell, or create derivative works of the App or any of its content without our prior written consent.

In the event of any third-party claim alleging that your use of the App infringes their intellectual property rights, you agree to indemnify and hold us harmless.

7. In-App Purchases

The App may offer paid subscriptions or in-app purchases through Apple App Store or Google Play payment systems. All transactions are subject to the payment provider’s policies. We do not collect or store your financial information, and any disputes regarding payments must be directed to the appropriate platform.

• Pricing and Changes: We reserve the right to modify subscription prices or introduce new paid features at any time. Notice of any pricing changes will be provided in accordance with applicable laws or platform policies.

8. Advertising and Third-Party Integrations

• Google AdMob Integration: The App uses Google AdMob to display personalized advertisements. This service may collect device identifiers, advertising IDs, and other non-personally identifiable data in accordance with Google’s privacy practices.
• Third-Party Links: The App may include links or integrations with third-party services for analytics, error logging, or advertising. We do not control these third-party policies and encourage you to review their respective terms.

9. Data Collection and Analytics

We use third-party analytics services (such as Google Analytics and similar platforms) to collect non-personally identifiable data about your interactions with the App. This data helps us improve functionality, diagnose performance issues, and enhance user experience. By using the App, you consent to such data collection and processing as described in our Privacy Policy.

10. 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 expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure.

In the event the App fails to conform to any warranty, your sole remedy is to notify the relevant payment platform (Apple or Google) for a refund. To the maximum extent permitted by applicable law, neither Apple, Google, nor we will be liable for any direct, indirect, incidental, consequential, or exemplary damages.

11. Limitation of Liability

In no event shall we, our officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App, even if advised of the possibility of such damages. Our total liability shall not exceed any amounts paid by you, if applicable, for accessing the App in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Pavel Turchenko and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising out of your use of the App, your violation of these Terms, or your infringement of any third-party rights.

13. 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 violations of these Terms. Upon termination, you must cease all use of the App and delete any copies from your device.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to conflict of law principles. Any disputes arising from these Terms or the App shall be resolved through negotiation, and if unresolved, through the exclusive jurisdiction of the courts located in Ukraine.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or applicable laws. The most current version will be posted within the App or on our website. Your continued use of the App after any modifications constitutes your acceptance of the revised Terms.

16. Severability

If any provision of these Terms is deemed invalid or unenforceable, that provision shall be modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect.

17. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:
Email: info@posterumsoft.com

By using the App, you represent that (i) you are not located in any country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.