GoodHabits Terms of Service

1 Responsible

Dr. Simon Bogutzky
Hermannstr. 5
27313 Dörverden
Telefon: +49 (0) 4234 9435236
E-Mail: me@simonbogutzky.com

2 Scope

These terms of service (hereinafter "the terms") govern the use of the iOS app "GoodHabits – in 66 days" (hereinafter "the app"), including its home screen and lock screen widgets. They form the licence agreement between you and me as the developer of the app.

These terms apply to the app only. They do not apply to my websites (bogutzky.com, simonbogutzky.de, simonbogutzky.com), which are subject to the separate website privacy policy.

By downloading, installing or using the app, you accept these terms. If you do not accept them, please do not use the app and remove it from your device.

This agreement is concluded between you and me only, and not with Apple. I alone — not Apple — am responsible for the app and its content.

3 Licence

I grant you a simple, non-exclusive, non-transferable and revocable right to use the app for your own, non-commercial purposes. This licence covers the use of the app on Apple-branded devices that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions. Where those rules allow it, the app may also be used by other members of your Family Sharing group.

You may not sell, rent, sub-licence, distribute or otherwise transfer the app to third parties. You may not modify, decompile or reverse engineer the app, except to the extent that applicable law expressly permits this despite this restriction.

All rights to the app, including its source code, design, name and logo, remain with me. No rights other than the right of use described above are granted to you.

4 Purchases and payment

Tracking one habit is free, for the full 66-day journey. Tracking several habits at the same time is a premium feature, unlocked by the in-app purchase "rc_multiple_habits". This purchase is a one-time lifetime purchase: it is paid once and does not renew. It is not a subscription, and there are no recurring charges.

Apple is the seller of the in-app purchase. Apple handles the entire transaction — payment, invoicing and refunds — through the App Store and StoreKit. I receive neither your payment details nor your identity.

Refund requests must therefore be addressed to Apple, not to me. I cannot issue, approve or refuse refunds. You can request a refund via reportaproblem.apple.com. Any statutory right of withdrawal you may have applies in relation to Apple as your contractual partner for the purchase.

A completed purchase is tied to your Apple Account. On a new device, you can restore it at any time using "Restore purchases" on the paywall.

5 Offer codes

I may occasionally issue offer codes for the premium feature. Offer codes are redeemed through the App Store and are subject to Apple's terms for code redemption.

Offer codes are not transferable, have no cash value and cannot be exchanged for money or other benefits. There is no entitlement to the issue of an offer code.

6 Privacy

The app collects no personal data. There is no account, no sign-in, no cloud sync, no advertising, and no analytics or tracking of any kind. All data you create in the app is stored exclusively in a local database on your device.

Details are set out in the app privacy policy, which forms part of these terms.

7 Support and maintenance

I alone am responsible for support and maintenance of the app. Apple has no obligation whatsoever to provide any maintenance or support services for the app.

Support is provided by e-mail at me@simonbogutzky.com. I read every message and usually reply within a few days. There is no entitlement to a specific response time or to the correction of a specific issue.

I may modify, further develop or discontinue the app and individual features at any time, as long as this does not unreasonably impair the use you have already paid for.

8 Warranty

The app is provided to you in its current state. Statutory warranty rights remain unaffected within the scope permitted by law. I do not warrant that the app will be free of errors or available without interruption, or that it will be compatible with every device or every future version of iOS.

The app supports you in tracking habits you have chosen yourself. It provides no medical, therapeutic or health advice and is not a substitute for professional advice or treatment.

I alone am responsible for any warranties, whether express or implied by law, to the extent they are not effectively disclaimed. In the event that the app fails to conform to any 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.

9 Liability

I am liable without limitation for damages arising from injury to life, body or health, in cases of intent and gross negligence, and under the German Product Liability Act (Produkthaftungsgesetz).

In cases of slight negligence, I am liable only for the breach of an essential contractual obligation — that is, an obligation whose fulfilment makes the proper performance of this agreement possible in the first place and on whose fulfilment you may regularly rely. In such cases, liability is limited to the typical damage foreseeable at the time the agreement was concluded.

Any further liability is excluded to the extent permitted by law. Since your habit data is stored only on your device, you are responsible for backing up your device.

Apple is not responsible for the app and, to the maximum extent permitted by applicable law, has no liability whatsoever with respect to the app.

10 Claims and third-party rights

I alone — not Apple — am responsible for addressing any claims by you or a third party relating to the app or your possession and use of it. This includes product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.

In the event that a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, I alone — not Apple — am responsible for the investigation, defence, settlement and discharge of that claim.

11 Legal compliance

By using the app, you represent that you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and that you are not listed on any United States government list of prohibited or restricted parties.

You must also comply with any applicable terms of third parties when using the app.

12 Apple as third-party beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these terms. 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.

13 Changes to these terms

I may amend these terms in order to reflect changes to the app, to my offering or to the legal situation. The current version is always available on this page and is identified by the date given under "State" at the top.

Changes do not affect a purchase you have already made. If you do not agree to amended terms, you may stop using the app and remove it from your device.