Legal

Terms of Use for Espresso

Effective Date: February 4, 2026

Please read these Terms of Use ("Terms") carefully before using the Espresso application ("the App") operated by Kevin Merz ("we", "us", "our").

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

1. Description of Service

Espresso is a macOS utility application that prevents your Mac from entering sleep mode. The App provides:

• Manual sleep prevention activation
• Timer-based sleep prevention
• App-triggered automatic activation
• Schedule-based automatic activation
• Battery protection features
• Clamshell mode support
• Global keyboard shortcuts

The App is intended as a productivity utility to help users prevent unwanted sleep during downloads, presentations, and other tasks.

2. System Requirements

• macOS 13 (Ventura) or later
• Apple Silicon or Intel Mac
• Accessibility permissions may be required for certain features (App Triggers)

3. License Grant

• We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
• You may install the App on any Mac devices you own or control.
• This license does not include the right to modify, distribute, or create derivative works of the App.

4. Premium Features

4.1 Free vs Premium

The App offers core functionality for free, with additional premium features available through a one-time in-app purchase. Premium features include:

• App Triggers (automatic activation for specific apps)
• Schedule (time-based automatic activation)
• Battery Protection (auto-disable on low battery)
• Clamshell Mode (keep awake with lid closed)

4.2 Billing

• All purchases are processed through the Mac App Store.
• Premium is a one-time purchase, not a subscription.
• Your purchase is tied to your Apple ID and can be restored on any Mac signed into the same account.

4.3 Refunds

• Refunds are handled by Apple according to their refund policies.
• We do not provide direct refunds for purchases made through the App Store.
• To request a refund, visit reportaproblem.apple.com

5. User Responsibilities

By using the App, you agree to:

• Use the App only for its intended purpose
• Not use the App in any way that could damage your Mac or compromise system security
• Not attempt to reverse engineer, decompile, or disassemble the App
• Not redistribute or sublicense the App
• Understand that preventing sleep may affect battery life on portable Macs
• Understand that Clamshell mode may cause increased temperatures

6. Important Warnings

• Battery drain: Preventing sleep will cause your Mac to use more power. Use the Battery Protection feature to automatically disable when battery is low.
• Clamshell mode: Running your MacBook with the lid closed may cause increased temperatures. Ensure adequate ventilation.
• Long-term use: Leaving sleep prevention active indefinitely is not recommended for portable Macs on battery power.

7. Intellectual Property

• The App and all its contents, features, and functionality are owned by Kevin Merz and are protected by international copyright, trademark, and other intellectual property laws.
• The name "Espresso" and the coffee cup icon are trademarks of Kevin Merz.
• You may not copy, modify, distribute, sell, or lease any part of the App or its content.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties that the App will prevent sleep in all circumstances
• Warranties that the App will not cause any damage to your Mac
• Warranties regarding compatibility with future macOS versions

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any data loss, battery degradation, or hardware damage arising from use of the App
• We shall not be liable for any damages arising from the App's failure to prevent sleep
• We shall not be liable for any damages arising from interrupted downloads, failed presentations, or similar events
• Our total liability shall not exceed the amount you paid for the App

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kevin Merz from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another person or entity

11. Modifications to the App

We reserve the right to:

• Modify, suspend, or discontinue the App or any feature at any time without notice
• Update the App to fix bugs, add features, or comply with legal requirements
• Change premium pricing for future purchases (existing purchases are unaffected)

12. Termination

• You may stop using the App at any time by uninstalling it.
• We may terminate or suspend your access to the App at any time, without prior notice, for conduct that we believe violates these Terms.
• Upon termination, your right to use the App ceases immediately.
• Sections regarding disclaimers, limitation of liability, and indemnification survive termination.

13. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
• Jurisdiction: Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Soest, Germany.
• EU Consumers: If you are a consumer in the European Union, you may also bring proceedings in your country of residence. Nothing in these Terms affects your rights as a consumer under mandatory consumer protection laws.
• Online Dispute Resolution: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by updating the "Effective Date" at the top. Your continued use of the App after changes constitutes acceptance of the updated Terms.

17. Contact

For questions about these Terms, please contact:

Kevin Merz
E-Mail: MerzKevin@me.com

Privacy Policy for Espresso

Effective Date: February 4, 2026

This privacy policy explains how Espresso ("the App", "we", "us") handles your data. Espresso is developed and operated by Kevin Merz.

1. Our Privacy Commitment

Espresso is built with privacy as a fundamental principle:

• No user accounts required - The app works entirely without registration
• No data collection - We do not collect, store, or transmit any personal data
• No analytics - The app contains no tracking or analytics SDKs
• No advertising - The app contains no ads
• Local-only storage - All settings are stored locally on your Mac
• No network connections - The app does not connect to any servers (except for App Store license verification)

2. Data Stored Locally on Your Mac

Espresso stores the following data locally on your Mac using macOS UserDefaults:

2.1 App Settings

• What: Timer preferences, default duration, enabled features
• Storage: macOS UserDefaults (local only)
• Purpose: To remember your preferences between app launches
• Your control: Reset by deleting the app or using macOS defaults command

2.2 Trigger App List

• What: List of apps you've configured as triggers (bundle identifiers and names)
• Storage: macOS UserDefaults (local only)
• Purpose: To automatically activate when these apps are running
• Your control: Add or remove apps in the Triggers settings tab

2.3 Schedule Settings

• What: Configured schedule times and days
• Storage: macOS UserDefaults (local only)
• Purpose: To automatically activate during scheduled times
• Your control: Modify in the Schedule settings tab

2.4 Premium Status

• What: Whether premium features are unlocked
• Storage: Verified via StoreKit (Apple's framework)
• Purpose: To enable premium features after purchase
• Your control: Managed through App Store

2.5 Onboarding Status

• What: Whether you've completed the initial setup
• Storage: macOS UserDefaults (local only)
• Purpose: To show onboarding only on first launch

3. Permissions

Espresso may request the following system permissions:

3.1 Accessibility (Optional)

• What: Permission to monitor which applications are running
• Why: Required for the App Triggers feature to detect when trigger apps are active
• Your control: You can skip this permission if you don't use App Triggers
• Data accessed: Only bundle identifiers of running applications; no window contents, keystrokes, or other sensitive data

3.2 Launch at Login (Optional)

• What: Permission to start automatically when you log in
• Why: So Espresso is ready whenever you need it
• Your control: Toggle in General settings

4. Data We Do NOT Collect

Espresso does not collect, store, or transmit:

• Personal information (name, email, etc.)
• Device identifiers or hardware information
• Usage analytics or statistics
• Crash reports
• Location data
• Browsing history or app usage history
• Any data from other applications
• Network traffic or connection data
• Keyboard input or screen contents

5. Third-Party Services

5.1 Apple App Store / StoreKit

• Purpose: In-app purchase processing and license verification
• Data shared: None by us; Apple processes payments according to their privacy policy
• Privacy Policy: https://www.apple.com/legal/privacy/

We do not use any other third-party services, SDKs, or analytics platforms.

6. Data Security

• All data is stored locally using macOS standard security mechanisms
• The app is sandboxed (when distributed via App Store) for additional security
• No data is transmitted over the network
• Purchase verification uses Apple's secure StoreKit framework

7. Data Retention and Deletion

• Local data: Retained until you uninstall the app or manually reset preferences
• Purchase history: Managed by Apple through your Apple ID
• Complete deletion: Uninstalling the app removes all locally stored data

To manually clear app data, you can use Terminal:

defaults delete de.merzkevin.espresso

8. No Tracking

We do not track users in any way:

• No advertising identifiers
• No analytics tracking
• No fingerprinting
• No cross-app or cross-site tracking

Espresso is listed as "Data Not Collected" in the App Store privacy nutrition labels.

9. Children's Privacy

Espresso does not collect any data from any users, including children. The app is appropriate for all ages and contains no objectionable content.

10. International Users

Since Espresso does not collect or transmit any data, there are no international data transfers to disclose. All data remains locally on your device.

11. Your Rights (GDPR)

If you are in the European Economic Area, you have rights under GDPR. However, since Espresso does not collect any personal data:

• Access: All your data is stored locally on your Mac - you have full access
• Deletion: Uninstall the app to delete all data
• Portability: Settings are stored in standard macOS format

For questions about data rights, contact: MerzKevin@me.com

12. California Privacy Rights (CCPA)

For California residents: Espresso does not sell personal information. We do not collect personal information as defined by CCPA.

13. Changes to This Policy

We may update this privacy policy to reflect changes in our practices or legal requirements. The effective date at the top indicates when this policy was last revised. Continued use of the app after changes constitutes acceptance of the updated policy.

14. Contact

For questions about this Privacy Policy, please contact:

Kevin Merz
E-Mail: MerzKevin@me.com