Terms of Use for Cuesa

These Terms are an agreement between you and [LEGAL ENTITY NAME] ("we", "us") about your use of the Cuesa iPhone app. By downloading or using Cuesa, you agree to them. If you do not agree, please do not use the app.

1. What Cuesa is

Cuesa is a focus and reflection app. It lets you set cues for your day, run focus sessions against them, note how you felt afterwards, and look back at the patterns that emerge.

These Terms govern your use of the iPhone app, not the Cuesa website. Cuesa has no user accounts or Cuesa-operated backend for your cues, check-ins or focus-session records. The app stores and processes this content on your iPhone. Apple separately processes information for services such as the App Store, purchases, device backups and diagnostics you choose to share. See our Privacy Policy at [PRIVACY POLICY URL] for details.

2. Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to use Cuesa on Apple devices you own or control, as permitted by the App Store Terms of Service.

You may not copy, modify, reverse-engineer, decompile, redistribute, rent, lease or sell the app, except where that restriction is prohibited by law.

3. Your content

Your cues, tags, notes, check-ins and other content remain yours. As between you and us, you retain your rights to that content; we claim no ownership over it.

Cuesa stores your content and related pattern observations on your device and does not upload them to us. Apple may separately process information through its services, including device backups, purchase processing and diagnostics you choose to share, as described in the Privacy Policy.

You are responsible for your content and your backups. Because we do not keep a copy of your local content, we cannot recover it if it is lost. A device backup may retain a copy after you delete the app.

4. Not medical, therapeutic or professional advice

Cuesa records mood and energy and describes patterns it notices in them. It is a reflective tool and nothing more. Specifically:

• Cuesa is not a medical device and is not intended to diagnose, treat, cure or prevent any disease or condition.
• Cuesa does not provide medical, psychological, psychiatric, therapeutic or other professional advice.
• Its observations are descriptions of data you entered yourself. They are not assessments of you, not clinical findings, and should not be relied on as a basis for any health decision.
• Nothing in the app is a substitute for a qualified professional.

If you are struggling with your mental health, please speak to a doctor or a qualified professional. If you are in crisis or may be in danger, contact your local emergency services or a crisis line immediately. Do not rely on this app.

5. Acceptable use

Use Cuesa lawfully. Do not use it to break the law, to infringe anyone's rights, or to interfere with the app's operation or security.

6. Focus sessions, sound and notifications

Cuesa can play ambient sound and an audible chime at the end of an interval. It schedules local notifications on your device for delivery by iOS; it does not send them through a Cuesa push-notification server.

You are responsible for using these features safely and considerately. Set the volume sensibly to protect your hearing, and do not rely on the app while driving, operating machinery, or anywhere inattention could cause harm. Sounds and notifications depend on iOS settings such as Focus modes, Silent mode and notification permissions, and may be delayed or suppressed. Do not use Cuesa as an alarm for anything that matters.

7. Availability and changes

We may update, change or discontinue Cuesa, or any part of it, at any time. We may add, alter or remove features. Nothing here obliges us to maintain the app indefinitely or to keep any particular feature.

8. Purchases

If Cuesa offers paid features, any price, trial terms and whether a charge is one-time or recurring will be shown before you purchase. Purchases are made through Apple. Apple processes payment and refund requests under its terms. The app may receive transaction or entitlement information needed to unlock or restore access; we do not receive your full payment-card details. Apple manages subscriptions if a subscription is offered.

9. Intellectual property

Cuesa, its name, its design, its artwork, its text and its code are owned by us or our licensors and are protected by copyright and other laws. These Terms grant you a licence to use the app, and nothing else.

10. No warranty

Cuesa is provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.

We do not warrant that the app will be uninterrupted, error-free, or that any observation it produces is accurate or meaningful for you.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

11. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of or inability to use Cuesa, including any decision you make on the basis of something the app showed you.

To the fullest extent permitted by law, our total liability to you for any claim relating to Cuesa is limited to the greater of the amount you paid for the app in the twelve months before the claim, or [CURRENCY + AMOUNT, e.g. USD 50].

Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.

12. Indemnity

You agree to indemnify us against claims arising from your misuse of Cuesa or your breach of these Terms.

13. Termination

You may stop using Cuesa at any time by deleting it. Deleting the app removes its locally stored data from your device, but data in an iCloud or computer backup may remain until that backup is deleted or replaced. We cannot access or remove data from your backups.

We may terminate this licence if you breach these Terms. Sections 3, 4, 9, 10, 11 and 12 survive termination.

14. Apple

These Terms are between you and us, not with Apple. Apple is not responsible for Cuesa or its content.

Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, have the right to enforce them against you.

Apple has no obligation to provide any support or maintenance for Cuesa. 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 if any; to the maximum extent permitted by law, Apple has no other warranty obligation in respect of the app.

Apple is not responsible for addressing any claim by you or a third party relating to Cuesa, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, or any claim under consumer protection or similar legislation.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.

15. Governing law

These Terms are governed by the laws of [JURISDICTION], without regard to conflict-of-law rules. Any dispute will be brought in the courts of [JURISDICTION]. Nothing here removes any mandatory consumer protection you have under the law of the country where you live.

16. Changes to these Terms

We may update these Terms. The date at the top tells you when they last changed. Continuing to use Cuesa after a change means you accept the updated Terms.

If a future feature changes how Cuesa handles information or causes app content to leave your device, we will update the Privacy Policy before that feature ships and describe the change there.

17. Contact

Questions about these Terms: [CONTACT EMAIL]