Legal

Terms of Use for SoberNudge

Effective Date: February 2, 2026

Please read these Terms of Use ("Terms") carefully before using the SoberNudge mobile 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. Important Health Disclaimer

• Not medical advice: The App provides general wellness tools and motivational support only. It does not provide medical advice, diagnosis, or treatment.
• Not a substitute for professional treatment: The App is not a replacement for professional medical care, therapy, counseling, rehabilitation programs, or support groups (such as AA, NA, or similar programs).
• Seek professional help: If you are struggling with addiction, substance abuse, or mental health issues, please seek help from qualified healthcare professionals, addiction specialists, or emergency services.
• Emergency situations: If you are experiencing a medical emergency, suicidal thoughts, or danger to yourself or others, call emergency services (112 in EU, 911 in US) immediately.
• No guarantees: We make no guarantees about the effectiveness of the App in helping you achieve or maintain sobriety. Recovery is a personal journey and results vary for each individual.
• Withdrawal symptoms: Stopping alcohol or substance use can cause serious, potentially life-threatening withdrawal symptoms. Always consult a medical professional before making changes to substance use.

2. Description of Service

SoberNudge is a personal wellness and habit-tracking application that provides:

• Sobriety streak tracking
• Daily check-ins and mood tracking
• Urge management tools (breathing exercises, coping strategies)
• Progress visualization and milestones
• Personal motivation reminders
• Savings calculations

The App is intended as a supportive tool to complement, not replace, professional treatment and support systems.

3. Eligibility

• You must be at least 17 years of age to use this App.
• By using the App, you represent that you meet this age requirement.
• If you are using the App on behalf of another person, you represent that you have the authority to bind that person to these Terms.

4. User Responsibilities

By using the App, you agree to:

• Use the App only for its intended purpose as a personal wellness tool
• Provide accurate information when using the App's features
• Not rely solely on the App for addiction recovery or mental health support
• Seek professional medical help when needed
• Not use the App in any way that violates applicable laws or regulations
• Not attempt to reverse engineer, modify, or create derivative works of the App
• Not use the App to harm yourself or others

5. Subscriptions and Payments

5.1 Premium Features

Some features of the App require a paid subscription ("Premium"). Premium features include iCloud sync, multiple goals tracking, and other features as described in the App.

5.2 Billing

• All purchases are processed through the Apple App Store.
• Subscription prices are displayed in the App and may vary by region.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period.

5.3 Cancellation and Refunds

• 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.
• Refunds are handled by Apple according to their refund policies.
• We do not provide direct refunds for subscriptions purchased through the App Store.

5.4 Free Trial

If offered, free trials automatically convert to paid subscriptions unless cancelled before the trial ends.

6. 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.
• You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
• You may not copy, modify, distribute, sell, or lease any part of the App or its content.

7. User-Generated Content

Any content you create within the App (goals, notes, reasons, etc.):

• Remains your property
• Is stored locally on your device or in your personal iCloud account
• Is not accessed, viewed, or used by us
• Is your responsibility to back up

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 regarding the accuracy, reliability, or completeness of any content
• Warranties that the App will meet your requirements or expectations
• Warranties that the App will help you achieve or maintain sobriety

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, including but not limited to loss of profits, data, use, or goodwill.
• We shall not be liable for any damages arising from your use of or inability to use the App.
• We shall not be liable for any damages arising from relapse, failure to maintain sobriety, or any health-related outcomes.
• We shall not be liable for any actions you take or fail to take based on information or features provided by the App.
• Our total liability for any claims arising from these Terms or your use of the App shall not exceed the amount you paid for the App in the 12 months preceding the claim, or EUR 50, whichever is greater.

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 and any affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) 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
• Any content you create or submit through the App

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 subscription pricing for future billing periods with reasonable notice

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 or is harmful to other users, us, or third parties.
• 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 SoberNudge

Effective Date: February 2, 2026

This privacy policy explains how SoberNudge ("the App", "we", "us") collects, uses, and protects your data. SoberNudge is developed and operated by Kevin Merz.

1. Overview

SoberNudge is a sobriety companion app that helps you track your journey to stay sober from alcohol, nicotine, or other habits. The App is designed with privacy as a core principle:

• No user accounts required - The app works entirely without registration
• Local-first storage - All your personal sobriety data is stored locally on your device
• Optional iCloud Sync - Premium feature to sync data across your devices (encrypted by Apple)
• Minimal analytics - We collect anonymous usage data to improve the app
• No advertising - The app contains no third-party ads

2. Data Stored Locally on Your Device

All your personal sobriety data is stored exclusively on your device. We have no access to this data.

2.1 Goal Data

• What: Your sobriety goals (type, start date, personal motivation, rules)
• Storage: Locally on your device only (or iCloud if Premium sync enabled)
• Purpose: To track your sobriety streak and display your progress
• Your control: You can delete any goal at any time within the app

2.2 Check-Ins and Urge Events

• What: Daily mood check-ins, urge records (triggers, intensity, notes)
• Storage: Locally on your device only
• Purpose: To help you understand patterns and track progress
• Your control: You can delete any entry at any time

2.3 Daily Promises and If-Then Plans

• What: Your daily commitment records and coping strategies
• Storage: Locally on your device only
• Purpose: To support your daily commitment and provide personalized support

2.4 Photos (Urge Rescue)

• What: Photos you optionally take during the urge rescue flow
• Storage: Locally on your device only, within the app's sandboxed storage
• Purpose: To help you remember moments of strength
• Your control: Photos are never uploaded and can be deleted at any time

2.5 App Preferences

• What: Settings like onboarding completion, rating flow status
• Storage: Locally via iOS UserDefaults
• Purpose: To remember your preferences across app sessions

3. Data We Collect

We collect limited data through third-party services to improve the app and ensure stability.

3.1 Firebase Analytics

• What: Anonymous usage data (screen views, feature usage, app events)
• Purpose: To understand how users interact with the app and improve features
• Identifiers: Anonymous device and user IDs (not linked to your identity)
• Legal basis: Legitimate interest (Art. 6(1)(f) GDPR)
• Privacy Policy: https://firebase.google.com/support/privacy

3.2 Firebase Crashlytics

• What: Crash reports and performance data
• Purpose: To identify and fix bugs, improve app stability
• Identifiers: Anonymous installation ID
• Legal basis: Legitimate interest (Art. 6(1)(f) GDPR)
• Privacy Policy: https://firebase.google.com/support/privacy

3.3 RevenueCat (Subscription Management)

• What: Purchase transactions and subscription status
• Purpose: To verify your Premium status and restore purchases
• What RevenueCat receives: Anonymous app user ID, purchase receipts from Apple
• What RevenueCat does NOT receive: Your name, email, or any personal information
• Legal basis: Contract performance (Art. 6(1)(b) GDPR)
• Privacy Policy: https://www.revenuecat.com/privacy

4. iCloud Sync (Premium Feature)

Premium users can optionally enable iCloud Sync to synchronize their data across devices.

• What: Your goals, check-ins, urge events, and app settings
• How: Data is synced via Apple's CloudKit framework
• Encryption: All data is encrypted by Apple in transit and at rest
• Our access: We cannot access your iCloud data
• Your control: You can disable iCloud sync at any time in the app settings
• Privacy Policy: https://www.apple.com/legal/privacy/

5. Data We Do NOT Collect

SoberNudge is built to respect your privacy. We do not collect:

• Names, email addresses, or contact information
• Location data
• Health data from HealthKit
• Your personal sobriety reasons or notes (stored locally only)
• Photos you take during urge rescue (stored locally only)
• Advertising identifiers for tracking purposes
• Data from your contacts, calendar, or other apps

6. Third-Party Services Summary

Service	Purpose	Data Shared
Firebase Analytics	Usage analytics	Anonymous usage events, device info
Firebase Crashlytics	Crash reporting	Crash logs, device info
RevenueCat	Subscription management	Anonymous user ID, purchase receipts
Apple iCloud	Data sync (optional)	Encrypted app data (Apple-managed)
Apple App Store	Payment processing	Handled entirely by Apple

7. Data Security

• All local data is stored using Apple's secure frameworks
• iCloud data is encrypted by Apple in transit and at rest
• Network communications use HTTPS/TLS encryption
• We do not operate servers that store your personal sobriety data
• Analytics and crash data are anonymized and cannot identify you personally

8. Data Retention and Deletion

• Local data: Retained until you delete it within the app or uninstall the app
• iCloud data: Retained until you delete it or disable sync; subject to Apple's policies
• Analytics data: Retained according to Firebase's retention policies (typically 14 months)
• RevenueCat data: Subject to RevenueCat's retention policy
• Complete deletion: Uninstalling the app removes all locally stored data

9. No Tracking

We do not use your data for tracking purposes as defined by Apple:

• We do not link your data with third-party data for advertising
• We do not share your data with data brokers
• We do not use advertising identifiers
• Analytics data is used solely to improve the app, not for targeted advertising

10. International Data Transfers

Some third-party services may process data outside the European Economic Area:

• Firebase (Google): Data may be processed in the United States
• RevenueCat: Data may be processed in the United States

These transfers are protected by:

• Standard Contractual Clauses (Art. 46(2)(c) GDPR)
• The respective services' data processing agreements

Your sobriety data stored locally or in iCloud remains within Apple's infrastructure and privacy controls.

11. Your Rights (GDPR)

If you are in the European Economic Area, you have the following rights:

• Access (Art. 15): Request information about data we process
• Rectification (Art. 16): Correct inaccurate data
• Erasure (Art. 17): Request deletion of your data
• Restriction (Art. 18): Limit processing of your data
• Portability (Art. 20): Receive your data in a portable format
• Objection (Art. 21): Object to processing based on legitimate interests

Since your sobriety data is stored locally on your device, you have full control over it at all times. To exercise rights regarding analytics or purchase data, contact: MerzKevin@me.com

12. Children's Privacy

SoberNudge is not directed at children under 17 years of age. The app deals with adult topics (alcohol, substance use) and is rated 17+ on the App Store. We do not knowingly collect personal data from children.

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.