These Terms of Use (the “Terms” or “EULA”) are a legal agreement between you (“you” or the
“user”) and André Navas Rivera (“OurTide,” “we,” “us,” or “our”) governing your
use of the OurTide mobile application and related services (the “App”). By
downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not
agree, do not use the App.
1. License
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable,
revocable license to download and use the App on any Apple-branded device that you own or
control, as permitted by the App Store Usage Rules set out in the Apple Media Services Terms and
Conditions. This license does not allow you to use the App on any device you do not own or
control, and you may not distribute or make the App available over a network where it could be
used by multiple devices at once.
2. What OurTide is — and is not
OurTide helps you understand and support a partner across the menstrual cycle by recording brief
daily check-ins and showing estimated cycle phases and supportive guidance.
Not medical advice. OurTide is a wellness and relationship aid. It is
not a medical device and does not provide medical, diagnostic, contraceptive, or
fertility advice. Cycle estimates are approximate and may be inaccurate, especially where hormonal
contraception or irregular cycles are involved. Do not rely on OurTide for contraception, family
planning, or any medical decision. Always consult a qualified healthcare professional.
3. Eligibility & acceptable use
You must be at least 18 years old to use the App. You agree to use the App only for lawful,
personal, non-commercial purposes, and you agree not to:
- record information about another person without a lawful basis or appropriate awareness/consent;
- reverse engineer, decompile, or attempt to extract the source code of the App, except to the
extent permitted by law;
- interfere with or disrupt the App or the services it relies on, or attempt to gain unauthorized
access to them;
- use the App to harass, abuse, or harm another person.
You are solely responsible for the information you enter, including information about other
people, and for ensuring you have any necessary permission to record it.
4. Subscriptions, free trial & payment
OurTide offers optional auto-renewable subscriptions (“OurTide Premium”) that unlock additional
features. The subscription name, length, and current price are shown in the App at the point of
purchase and on the App Store.
- Billing. Payment is charged to your Apple ID account at confirmation of
purchase.
- Auto-renewal. Subscriptions renew automatically for the same period unless
you cancel at least 24 hours before the end of the current period. Your account is charged for
renewal within 24 hours before the end of the current period.
- Free trial. If a free trial is offered, any unused portion is forfeited when
you purchase a subscription. You will be charged the applicable price when the trial ends unless
you cancel beforehand.
- Managing & canceling. You can manage or cancel your subscription in your
Apple ID account settings after purchase.
- Restoring. You can restore an active subscription using the “Restore
purchases” option in the App.
- Refunds. Purchases are processed by Apple; refund requests are handled by
Apple in accordance with the App Store policies.
5. Intellectual property
The App, including its content, design, text, and software, is owned by us or our licensors and is
protected by intellectual-property laws. Except for the license granted above, no rights are
transferred to you. The information you enter remains yours.
6. Third-party services
The App uses third-party services (including OpenAI for generating personalized content and Apple
for processing subscriptions). Your use of features that rely on these services may be subject to
those providers’ terms, and you agree to comply with any applicable third-party terms of agreement
when using the App.
7. Disclaimers
To the maximum extent permitted by law, the App is provided “as is” and “as available,” without
warranties of any kind, whether express, implied, or statutory, including 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 that estimates and guidance will be accurate.
8. Limitation of liability
To the maximum extent permitted by law, in no event will we be liable for any indirect, incidental,
special, consequential, or punitive damages, or any loss of data, arising out of or related to your
use of the App. Our total liability for any claim relating to the App will not exceed the amount you
paid for the App (if any) in the twelve months before the claim.
9. Termination
This license is effective until terminated. Your rights under this EULA will terminate automatically
if you fail to comply with any of its terms. Upon termination, you must stop using the App and delete
it. Sections that by their nature should survive termination will survive.
10. Governing law
These Terms are governed by the laws of Austria, without regard to its
conflict-of-laws rules, except where local consumer-protection laws require otherwise.
11. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date above reflects the latest
version. Continued use of the App after changes take effect constitutes acceptance of the revised
Terms.
12. Apple-Required Terms (Licensed Application End User License Agreement)
The following terms apply to your license of the App via Apple’s App Store and are required by
Apple. In the event of any conflict between these Apple-required terms and the rest of this EULA,
these terms control with respect to your use of the App obtained from the App Store.
- Acknowledgement. This EULA is concluded between you and OurTide only, and not
with Apple. OurTide, not Apple, is solely responsible for the App and its content. This EULA does
not provide for usage rules for the App that conflict with the Apple Media Services Terms and
Conditions, which prevail in case of conflict.
- Scope of License. The license granted to you for the App is the limited,
non-transferable license described in Section 1, to use the App on any Apple-branded products that
you own or control and as permitted by the Usage Rules.
- Maintenance and Support. OurTide is solely responsible for providing any
maintenance and support services for the App, as specified in this EULA or as required under
applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services
for the App.
- Warranty. OurTide is solely responsible for any product warranties, whether
express or implied by law, to the extent not effectively disclaimed. 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) for the App to you; and, to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to the App, and any other
claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to
any warranty will be OurTide’s sole responsibility.
- Product Claims. OurTide, not Apple, is responsible for addressing any claims by
you or any third party relating to the App or your possession and/or use of the App, including, but
not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer protection,
privacy, or similar legislation, including in connection with the App’s use of any features. This
EULA does not limit OurTide’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights. In the event of any third-party claim that the App
or your possession and use of the App infringes that third party’s intellectual property rights,
OurTide, not Apple, will be solely responsible for the investigation, defense, settlement, and
discharge of any such intellectual property infringement claim.
- Legal Compliance. You represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government
list of prohibited or restricted parties.
- Developer Name and Address. Questions, complaints, or claims with respect to the
App should be directed to: André Navas Rivera,
andre.navas.r@gmail.com.
- Third-Party Terms of Agreement. You must comply with applicable third-party terms
of agreement when using the App.
- Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s
subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the
terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted
the right) to enforce this EULA against you as a third-party beneficiary thereof.
13. Contact
André Navas Rivera
Email: andre.navas.r@gmail.com