Terms of Use for SwipeBrake
Effective Date: February 19, 2026
Please read these Terms of Use ("Terms") carefully before using the SwipeBrake 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
SwipeBrake is an iOS application designed to help users manage screen time through mindful challenges. The App provides:
- App blocking with mindful challenge gates
- Breathing exercises and guided meditation
- Logic puzzles and mental challenges
- Reflection prompts and micro-journaling
- Emotion check-in tracking
- Usage analytics and streak tracking
- Custom blocking schedules
- Strict mode for enhanced accountability
The App is intended as a digital wellbeing tool to help users build healthier relationships with their devices and reduce impulsive app usage.
2. System Requirements
- iOS 17 or later
- Compatible with both phones and tablets
- Screen Time API permissions required for app blocking functionality
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 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 in-app purchase. Free features include:
- Unlimited app blocking
- Breathing exercises
- Logic puzzles
- Basic analytics and streak tracking
Premium features include:
- Reflection prompts
- Micro-journaling challenges
- Emotion check-in challenges
- Custom blocking schedules
- Advanced analytics with weekly reports and trigger insights
4.2 Billing
- All purchases are processed through the App Store.
- Premium is a one-time lifetime purchase.
- Your purchase is tied to your account and can be restored on any device 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. Screen Time and App Blocking
By using the App, you acknowledge and understand:
- The App uses the Screen Time API to manage app access on your device
- App blocking is not a parental control tool and should not be relied upon as such
- The effectiveness of app blocking depends on system permissions and device configuration
- We cannot guarantee that all apps will be blockable in all circumstances
- System apps and critical device functions cannot be blocked
6. User Responsibilities
By using the App, you agree to:
- Use the App only for its intended purpose of personal screen time management
- Not use the App to restrict access for others without their explicit consent
- Not attempt to reverse engineer, decompile, or disassemble the App
- Not redistribute or sublicense the App
- Understand that mindful challenges are wellness tools, not medical treatments
7. Health Disclaimer
Wellness Tool, Not Medical Advice
- Not a medical device: SwipeBrake is a digital wellbeing tool. It is not intended to diagnose, treat, cure, or prevent any medical condition.
- Breathing exercises: If you have any respiratory conditions, consult a healthcare professional before using guided breathing features.
- Mental health: If you are experiencing addiction, anxiety, depression, or other mental health concerns, please seek professional help. SwipeBrake is a supplementary tool, not a replacement for professional care.
8. 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 "SwipeBrake" and its icon are trademarks of Kevin Merz.
- Challenge content (prompts, breathing patterns, puzzles) is original and copyrighted.
- You may not copy, modify, distribute, sell, or lease any part of the App or its content.
9. 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 successfully block all apps in all circumstances
- Warranties that using the App will reduce screen time or change user behavior
- Warranties regarding compatibility with future operating system versions
10. 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 loss of productivity, missed notifications, or inaccessible apps arising from use of the blocking feature
- We shall not be liable for any emotional distress or behavioral outcomes
- 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.
11. 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
12. 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)
- Add, modify, or remove challenge types and content
13. 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.
14. 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
15. 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.
16. 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.
17. 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.
18. Contact
For questions about these Terms, please contact:
Kevin Merz
E-Mail: MerzKevin@me.com
Privacy Policy for SwipeBrake
Effective Date: February 19, 2026
This privacy policy explains how SwipeBrake ("the App", "we", "us") handles your data. SwipeBrake is developed and operated by Kevin Merz.
1. Our Privacy Commitment
SwipeBrake is built with privacy as a core value:
- No user accounts required - The app works entirely without registration
- No personal data collection - We do not collect your name, email, or any personally identifiable information
- Anonymous analytics only - We use Firebase Analytics and Crashlytics to improve app quality (see Section 5 for details)
- No advertising - The app contains no ads or advertising frameworks
- Local-first storage - Your personal data (journal entries, blocked apps, settings) stays on your device
2. Data Stored Locally on Your Device
SwipeBrake stores the following data locally on your device:
2.1 App Settings
- What: Challenge preferences, notification settings, strict mode configuration, display preferences
- Storage: UserDefaults (local only)
- Purpose: To remember your preferences between app launches
- Your control: Reset by deleting the app
2.2 Blocked Apps
- What: List of apps you've selected for blocking (using system identifiers)
- Storage: Local device storage via Screen Time API
- Purpose: To apply mindful challenges when you open these apps
- Your control: Add or remove apps at any time in the app settings
2.3 Challenge History & Analytics
- What: Records of completed challenges, streaks, and usage patterns
- Storage: Local device storage only
- Purpose: To display your progress, analytics, and streak information
- Your control: Deleted when you uninstall the app
2.4 Journal Entries & Reflections
- What: Text you enter during micro-journaling and reflection challenges
- Storage: Local device storage only
- Purpose: To help you track your personal insights and emotional patterns
- Your control: This data never leaves your device and is deleted when you uninstall the app
2.5 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
2.6 Onboarding & Feedback Status
- What: Whether you've completed onboarding, feedback prompt dismiss count
- Storage: UserDefaults (local only)
- Purpose: To show onboarding only on first launch and manage feedback prompt frequency
3. Permissions
SwipeBrake may request the following system permissions:
3.1 Screen Time / Family Controls (Required)
- What: Permission to monitor and manage app usage
- Why: Required for the core app blocking functionality
- Data accessed: Only the apps you explicitly select for blocking; no browsing history, messages, or other personal content
- Your control: You can revoke this permission at any time in system settings
3.2 Notifications (Optional)
- What: Permission to send local notifications
- Why: To remind you about streaks, session goals, and scheduled blocking times
- Your control: Toggle in app settings or system settings
4. Data We Do NOT Collect
SwipeBrake does not collect, store, or transmit:
- Personal information (name, email, phone number, etc.)
- Location data
- Browsing history or app usage history beyond your selected blocked apps
- Content from other applications
- Keyboard input or screen contents
- Your journal entries or reflection responses to any external server
- Photos, contacts, or calendar data
5. Third-Party Services
5.1 Google Firebase Analytics
- Purpose: To understand how the app is used in aggregate (e.g., which features are popular, how users navigate the app) so we can improve the experience
- Data collected: Anonymous usage events (e.g., screen views, feature interactions), device type, operating system version, app version, country/region (approximate, not precise location)
- Data NOT collected: Names, emails, precise location, journal content, blocked app lists, or any personally identifiable information
- Identifiers: Firebase uses an anonymous app-instance ID that is not linked to your identity. This ID is reset when you reinstall the app.
- Your control: Analytics data is collected anonymously and cannot be used to identify you
- Privacy Policy: https://policies.google.com/privacy
5.2 Google Firebase Crashlytics
- Purpose: To detect and fix crashes and stability issues, ensuring a smooth experience
- Data collected: Crash logs (stack traces), device model, operating system version, app version, free memory/disk space at time of crash
- Data NOT collected: Personal information, journal content, app usage habits, or any user-generated content
- Identifiers: Crashlytics uses an anonymous installation ID to group crashes from the same device. This is not linked to your identity.
- Your control: Crash data is collected automatically to maintain app quality
- Privacy Policy: https://firebase.google.com/support/privacy
5.3 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/
6. Data Security
- All personal data (journal entries, settings, blocked apps) is stored locally using standard security mechanisms
- The app is sandboxed for additional security
- Analytics and crash data transmitted to Firebase is encrypted in transit (HTTPS/TLS)
- Purchase verification uses Apple's secure StoreKit framework
- Journal entries and personal reflections are stored only on your device and never transmitted
7. Data Retention and Deletion
- Local data: Retained until you uninstall the app
- Analytics data: Retained by Google Firebase for up to 14 months, then automatically deleted
- Crash data: Retained by Google Firebase Crashlytics for 90 days
- Purchase history: Managed by Apple through your account
- Complete deletion: Uninstalling the app removes all locally stored data including challenge history, journal entries, and settings. To request deletion of analytics data, contact us at MerzKevin@me.com
8. Tracking & Identifiers
We take a privacy-conscious approach to analytics:
- No advertising identifiers - We do not use IDFA or any advertising tracking
- No fingerprinting - We do not use device fingerprinting techniques
- No cross-app or cross-site tracking - We do not track you across other apps or websites
- Anonymous analytics only - Firebase Analytics uses an anonymous app-instance ID that cannot be linked to your identity
- No personal profiling - Analytics data is used only in aggregate to improve the app
9. Children's Privacy
SwipeBrake does not knowingly collect personal data from children under 13. Anonymous analytics and crash data collected via Firebase applies equally to all users. The app contains no objectionable content. However, the app blocking feature uses the Screen Time API, which may require parental permission for users under 18.
10. International Users
Anonymous analytics and crash data may be processed by Google on servers located in the United States or other countries. Google complies with applicable data transfer frameworks. Personal data (journal entries, settings, blocked apps) remains locally on your device and is never transferred.
11. Your Rights (GDPR)
If you are in the European Economic Area, you have rights under GDPR:
- Access: All your personal data is stored locally on your device - you have full access. Analytics data is anonymous and cannot be linked to you.
- Deletion: Uninstall the app to delete all local data. Contact us to request deletion of anonymous analytics data.
- Portability: Settings are stored in standard format on your device
- Objection: Since analytics data is anonymous and used for legitimate interest (app improvement), it cannot be linked to you individually
For questions about data rights, contact: MerzKevin@me.com
12. California Privacy Rights (CCPA)
For California residents: SwipeBrake 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
Contact & Legal Information
Data Controller / Service Provider
Kevin Merz
Merowingerweg 11a
59494 Soest, Germany
E-Mail: MerzKevin@me.com
Supervisory Authority
You have the right to lodge a complaint with a data protection authority. For North Rhine-Westphalia:
Landesbeauftragte fur Datenschutz und Informationsfreiheit Nordrhein-Westfalen (LDI NRW)
Website: www.ldi.nrw.de
Online Dispute Resolution
The European Commission provides an online dispute resolution platform for consumers:
https://ec.europa.eu/consumers/odr
We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
Hosting
MKQ Internetservice
Kleinwolschendorf 16, 07937 Zeulenroda-Triebes, Germany
Website: www.mkq.de