End User License Agreement

Effective Date: January 10, 2025 | Last Updated: January 10, 2025

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Horacki Software ("we," "us," or "our") governing your use of Clear Days: Sobriety Tracker ("App").

By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree to these terms, do not use the App.

1. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for your personal, non-commercial purposes.

2. Subscription Terms

2.1 Subscription Plans

The App operates on a subscription-based model. All features require an active subscription. Available plans include:

• Weekly: $1.99 USD (includes a 3-day free trial)
• Monthly: $4.99 USD
• Yearly: $39.99 USD

Prices may vary by region and are subject to change. Current pricing is always displayed in the App before purchase.

2.2 Free Trial

The weekly subscription includes a 3-day free trial. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription, and your payment method will be charged.

2.3 Automatic Renewal

All subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the current period ends. Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.

2.4 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No refunds or credits will be provided for partial subscription periods.

2.5 Managing Your Subscription

To manage or cancel your subscription:

1. Open the Settings app on your device
2. Tap your name, then tap "Subscriptions"
3. Select Clear Days: Sobriety Tracker
4. Follow the instructions to modify or cancel your subscription

3. AI-Powered Features

3.1 AI Chat Functionality

The App includes an AI-powered chat feature designed to provide general support, encouragement, and information related to sobriety and wellness.

3.2 Not Medical or Professional Advice

The App is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider, addiction specialist, or mental health professional with any questions regarding your health or a medical condition.

3.3 AI Limitations

The AI chat feature:

• May produce responses that are inaccurate, incomplete, or inappropriate
• Does not have access to your medical history or personal circumstances
• Cannot diagnose conditions or prescribe treatments
• May not fully understand the context or nuances of your situation
• Is not capable of providing emergency assistance

You acknowledge that AI-generated responses are automated and may contain errors. Use your own judgment when evaluating any information provided.

3.4 Data Handling for AI Chat

AI chat conversations are ephemeral and are not stored locally on your device or on our servers. Conversations are not retained after you close the chat session. Conversations are processed in real-time to generate responses and are not used for training purposes.

4. Emergency Situations and Crisis Resources

4.1 Not for Emergencies

4.2 Crisis Resources

The App provides links to crisis resources for your convenience. In a crisis, please contact appropriate professional services directly. The App and its AI features cannot provide crisis intervention.

5. User Responsibilities

You agree to:

• Use the App only for lawful purposes
• Provide accurate information when using the App
• Not attempt to reverse engineer, modify, or distribute the App
• Not use the App to harm yourself or others
• Seek professional help for serious health or addiction concerns
• Not rely solely on the App for sobriety support or recovery

6. Intellectual Property

The App and all content, features, and functionality are owned by Horacki Software and are protected by copyright, trademark, and other intellectual property laws. This Agreement does not grant you any rights to our trademarks, logos, or other brand features.

7. Privacy

Your use of the App is also governed by our Privacy Policy, available at:
https://horackisoftware.com/cleardays-privacy.html

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE APP, INCLUDING AI-GENERATED CONTENT, WILL BE ACCURATE, RELIABLE, OR COMPLETE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HORACKI SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• YOUR USE OR INABILITY TO USE THE APP
• ANY CONTENT OR INFORMATION OBTAINED FROM THE APP, INCLUDING AI-GENERATED CONTENT
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• ANY DECISIONS OR ACTIONS TAKEN BASED ON INFORMATION PROVIDED BY THE APP

10. Indemnification

You agree to indemnify and hold harmless Horacki Software from any claims, damages, losses, or expenses arising from your use of the App or violation of this Agreement.

11. Changes to This Agreement

We may update this Agreement from time to time. We will notify you of any material changes by posting the new Agreement within the App or through other appropriate means. Your continued use of the App after changes become effective constitutes acceptance of the revised Agreement.

12. Termination

We may terminate or suspend your access to the App at any time, without prior notice, for conduct that we believe violates this Agreement or is harmful to other users, us, or third parties.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regard to its conflict of law provisions.

14. Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Horacki Software regarding the App and supersedes any prior agreements.

16. Contact Us

If you have questions about this Agreement, please contact us at:

Horacki Software
Email: horackisoftware@gmail.com