Terms of Use (EULA)

1. Agreement

These Terms of Use (the “Terms”) are a legally binding agreement between you and Habibe Atik, the developer and publisher (“we”, “us”, “our”), for the iOS application MyRoutine – Habit Tracker (shown as “Rutinim” on devices set to Turkish), including its widgets, Siri and Shortcuts actions, notifications, content, features and all updates (together, the “App”).

By downloading, installing, accessing or using the App, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not download, install or use the App.

These Terms supplement Apple’s standard Licensed Application End User License Agreement (the “Standard EULA”), which also applies to your use of the App. If these Terms and the Standard EULA address the same matter differently, these Terms apply to the extent permitted by applicable law.

You may use the App only if you can form a binding contract under the law that applies to you or, where required, with the consent of a parent or legal guardian, who is then responsible for your use. The App is not designed for children under the age required by local law to use it without parental consent.

2. Licence

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App for your personal, non-commercial purposes on Apple-branded devices that you own or control, as permitted by the Usage Rules set out in Apple’s Media Services Terms and Conditions (the “Usage Rules”). The App is licensed to you, not sold. We reserve all rights not expressly granted to you.

You must not, and must not allow anyone else to: (a) copy, modify, translate, adapt or create derivative works of the App; (b) decompile, reverse engineer, disassemble or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law; (c) rent, lease, lend, sell, redistribute or sublicense the App; (d) remove or alter any proprietary notices; (e) circumvent, disable or interfere with purchase verification or any security or technical protection, or access paid features without paying; or (f) use the App in any unlawful manner, for any unlawful purpose, or in any way that could damage, disable or impair it.

3. Apple and the App Store

You and we acknowledge and agree that:

• These Terms are concluded between you and us only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
• Your licence is limited to using the App on Apple-branded products that you own or control, as permitted by the Usage Rules, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where available.
• Apple has no obligation whatsoever to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty that has not been effectively disclaimed, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are governed by these Terms, including the disclaimers and limitations in Sections 13 and 14.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (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, in each case subject to these Terms and to the extent permitted by law.
• If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim, to the extent required by these Terms.
• 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. You also agree to comply with all applicable export control and sanctions laws.
• You must comply with any applicable third-party terms of agreement when using the App.
• Any questions, complaints or claims about the App should be sent to us using the contact details in Section 21.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

If the App is made available to you under Apple’s Licensed Application End User License Agreement (the “Standard EULA”), these Terms apply in addition to the Standard EULA; if they conflict, the Standard EULA prevails to the extent of the conflict. If these Terms conflict with the Usage Rules, the Usage Rules prevail.

4. Not medical, health or professional advice

The App is a general-purpose tool for personal organisation and motivation. It is not a medical device, not a health, fitness, nutrition or therapy service, and it is not intended to diagnose, treat, cure, monitor, mitigate or prevent any disease or condition.

Habit names, ideas and templates, categories (such as “Health”, “Fitness”, “Nutrition”, “Sleep” or “Mind & calm”), goals and counts (such as “8 glasses of water”, “walk” or “meditate”), reminders, streaks, badges, levels, statistics and messages are labels and tools that you choose and organise yourself. They are examples only, not recommendations, and nothing in the App constitutes medical, health, nutritional, dietary, fitness, psychological, therapeutic, financial, legal or any other professional advice.

Always consult a doctor or another qualified professional before starting, changing or stopping any diet, exercise, medication, treatment or other health-related routine, and about any question you may have regarding a medical condition. Never disregard professional advice, or delay seeking it, because of anything in the App. If you think you may have a medical emergency, contact your local emergency services immediately.

You alone decide which habits to track and whether and how to pursue them. You use the App and carry out any activity at your own risk and responsibility, and you are responsible for making sure that any activity is safe and suitable for you. Do not rely on the App as your only way to remember medication, medical appointments or anything else where a missed or late reminder could cause harm.

5. Motivacat

Motivacat is a fictional cat character, presented for entertainment and motivation only. Its images are digitally created illustrations, not photographs. Its moods, fullness, meals, treats, bowls, rooms, animations, sounds and messages are playful, game-like elements that the App generates automatically from your check-ins according to simple, predefined rules.

Motivacat’s messages are not written for you by a person, are not based on any assessment of you, and are not advice, judgement, evaluation or guidance of any kind, including about health, food, diet, behaviour or wellbeing. References to food, meals or eating relate only to the fictional character and are not suggestions about your own eating. Motivacat is not a real animal and needs no real care.

Motivacat’s features, appearance and behaviour may change over time. You can turn Motivacat mode off at any time in Settings.

6. Your data and backups

The App stores your data only on your device. We do not host, receive, back up or have access to it (see the Privacy Policy). You are solely responsible for your data, for the security of your device and for making and keeping regular backups, for example with Settings › Your Data › Export Backup (JSON).

Data can be lost or damaged, for example if the App is deleted, your device is lost, damaged, reset or replaced, during an iOS or App update, migration, import or restore, or because of a software error. Because we hold no copy, we cannot recover lost data. To the maximum extent permitted by applicable law, we are not responsible or liable for any loss, corruption or unavailability of data.

Importing a backup adds to or changes the data in the App, so please check a file before you import it. Exported files leave the App’s control, and you are responsible for where you store and with whom you share them. You are also responsible for the content you enter, and for any images you create and share with the App’s share features.

7. Reminders, widgets, Siri and statistics

Reminders are local notifications delivered by iOS. Their delivery depends on things outside our control, including notification permissions, Focus and Do Not Disturb, Scheduled Summary, Low Power Mode, the iOS limit on scheduled notifications, the device’s date, time and time zone (including daylight-saving changes), the device being switched off or out of battery, and system updates. Reminders may therefore be late, silent or not delivered at all.

Widgets and Siri and Shortcuts results are refreshed by iOS on its own schedule and may not always be up to date. Streaks, completion rates, trends, heatmaps, badges, levels, Motivacat’s fullness and other statistics are calculated automatically from the data you enter. They may contain errors or differ from what you expect, for example after edits, streak protections, imports, time zone changes or changes to how they are calculated in an update. They are for informational and motivational purposes only.

We do not guarantee that any reminder will be delivered on time or at all, or that any streak, statistic or other result is accurate or complete.

8. Premium, subscriptions, free trials and Lifetime

The App can be downloaded for free. Optional paid features (“Premium”) are offered as an auto-renewing monthly or yearly subscription, or as a one-time “Lifetime” purchase. The features included in the free version and in Premium are described in the App and may change over time.

• Payment. All purchases are made through Apple’s App Store and are subject to Apple’s terms. Payment is charged to your Apple Account when you confirm the purchase. Prices are shown in the App Store and in the App in your local currency, may include taxes, may vary by country and may change. We never receive your payment card details.
• Automatic renewal. Subscriptions renew automatically for the same period at the then-current price unless automatic renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours before the end of the current period. If a price changes, Apple will inform you where required.
• Managing and cancelling. You can manage or cancel a subscription at any time in your Apple Account settings (on iPhone: Settings › your name › Subscriptions), or in the App under Settings › Premium › Manage Subscription. Cancellation takes effect at the end of the current billing period. Deleting the App does not cancel a subscription.
• Free trials. Where a free trial is offered, eligibility is determined by Apple. A free trial converts automatically into a paid subscription unless cancelled at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.
• Lifetime. Lifetime is a one-time, non-recurring purchase that unlocks all features included in Premium, including Premium features we may add later, for the Apple Account used to buy it, for as long as we continue to offer the App and those features and the App remains available and compatible with your device. “Lifetime” refers to the lifetime of the App, not to your lifetime or any fixed period. We may offer other products or content separately, which are not part of Premium. Lifetime does not oblige us to develop new features or to provide updates, compatibility or support, and it is not a guarantee that the App or any feature or content will remain available indefinitely.
• Switching from a subscription to Lifetime. Buying Lifetime does not cancel an existing subscription automatically. To avoid further charges, cancel your subscription in your Apple Account settings.
• Restoring purchases. On a new or reinstalled device, use Settings › Premium › Restore Purchases while signed in with the same Apple Account.
• Refunds. All purchases are final, except as required by applicable law or as provided under Apple’s policies. Refunds are handled exclusively by Apple (for example at reportaproblem.apple.com). We cannot process refunds and have no access to your payment transactions.

9. Changes to the App and availability

To the maximum extent permitted by applicable law, we may at any time, with or without notice and without liability, modify, update, suspend or discontinue the App or any part of it (including Motivacat, its content, widgets and Premium features), change the free version’s limits, or stop offering the App in the App Store. We are not obliged to provide updates, bug fixes, new features or support, and we do not guarantee that the App will be compatible with any particular device or iOS version. Some updates may be needed to keep using the App. Where applicable law requires us to give notice or to maintain paid features, we will do so.

10. Acceptable use

You agree to use the App only for lawful, personal purposes and in line with these Terms. You must not use the App to store or share content that is unlawful, harmful, infringing or offensive, and you must not use the App or its share features in a way that violates the rights of others. You are responsible for all content you enter and for anything you choose to share.

11. Intellectual property

The App and all of its content and features, including its software and code, design, user interface, text, graphics, icons, animations and sounds, the name and logo “MyRoutine”, and the Motivacat name, character, artwork, poses, animations and sounds, are owned by us or our licensors and are protected by copyright, trademark and other intellectual property laws. Except for the limited licence in Section 2, nothing in these Terms grants you any right, title or interest in them.

You may share images created with the App’s share features (such as “Share Today’s Cat”) for personal, non-commercial purposes. Any other use of the Motivacat character or artwork, including commercial use, merchandise or use in other apps or AI training, requires our prior written permission.

You keep all rights to the content you enter in the App. If you send us ideas, suggestions or feedback, you agree that we may use them freely and without any obligation to you.

12. Third-party services

The App relies on services and features provided by Apple and other third parties, such as the App Store, in-app purchases, iOS notifications, widgets, Siri and Shortcuts, Files, the share sheet and device backups. These are governed by their providers’ own terms and privacy policies. We do not control them and are not responsible for their availability, operation, changes or content. Links to third-party websites are provided for convenience only.

13. Disclaimer of warranties

To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, with all faults and without warranties of any kind. We expressly disclaim all warranties, conditions and representations, whether express, implied or statutory, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement.

Without limiting the above, we do not warrant that the App will meet your requirements or help you achieve any habit, goal or result; that it will be uninterrupted, timely, secure or error-free; that data will be stored or transferred without loss; that reminders will be delivered; that streaks, statistics or other results will be accurate; that defects will be corrected; or that the App will be compatible with your device. No advice or information, whether oral or written, obtained from us or through the App (including from Motivacat) creates any warranty.

Some jurisdictions do not allow the exclusion of certain warranties. In that case, the above exclusions apply only to the extent permitted by applicable law.

14. Limitation of liability

To the maximum extent permitted by applicable law, in no event will we, or anyone acting on our behalf, be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, habit history, streaks, profits, revenue, business, goodwill or opportunities, arising out of or in connection with these Terms or the App, including your use of or inability to use the App; any reliance on any content, statistic, reminder or Motivacat message; any habit or activity you choose to pursue; missed, late or inaccurate reminders; loss or corruption of data; unauthorised access to your device; errors or bugs; or any change, suspension or discontinuation of the App. This applies whatever the legal basis of the claim, whether contract, tort (including negligence), product liability, statute or otherwise, and even if we have been advised of the possibility of such damages.

The limitations in this Section apply in addition to those in the Standard EULA (see Section 1) and do not reduce them.

These limitations apply even if a remedy fails of its essential purpose, and they form an essential basis of the bargain between you and us. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by negligence, for fraud, or for intent or gross negligence, and nothing in these Terms affects your mandatory statutory rights as a consumer.

15. Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify and hold us harmless from and against claims made by third parties, and the related liabilities, damages, losses and reasonable costs (including reasonable legal fees), to the extent they arise from (a) your misuse of the App or your breach of these Terms, (b) your violation of any law or of the rights of any third party, or (c) content you enter into the App or choose to share. This does not apply to the extent a claim is caused by our own fault.

16. Termination

These Terms apply until terminated by you or by us. You may end them at any time by deleting the App from all your devices (this does not cancel a subscription; see Section 8). Your rights under these Terms end automatically, without notice, if you fail to comply with them, and we may suspend or end your licence at any time to the extent permitted by applicable law. When these Terms end, you must stop using the App and delete it. Sections that by their nature should survive termination, including Sections 4, 5, 6, 7 and 11 to 20, will survive.

17. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the App, to the law or to Apple’s requirements. The “Last updated” date at the top shows the latest version. Where changes are material, we will take reasonable steps to let you know, for example on this page or in the App. Your continued use of the App after the updated Terms take effect means you accept them, to the extent permitted by law. If you do not agree, stop using the App and cancel any subscription.

18. Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or the App (including non-contractual disputes or claims), are governed by the laws of the Republic of Türkiye, without regard to its conflict-of-laws rules. The courts and enforcement offices of Istanbul, Türkiye, have exclusive jurisdiction.

However, if you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually live, and you may also bring proceedings before the courts or consumer dispute bodies (such as consumer arbitration committees) that are competent under the mandatory law that applies to you. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting any formal proceedings, please contact us first so that we can try to resolve the matter informally.

19. General

• Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions remain in full force and effect.
• Entire agreement. These Terms, together with the Privacy Policy and, where applicable, Apple’s terms referred to above, are the entire agreement between you and us about the App and replace any earlier agreements on the subject.
• No waiver. If we do not enforce a provision, or delay doing so, this does not waive our right to enforce it later.
• Assignment. You may not assign or transfer these Terms or your rights under them. We may assign or transfer them, for example in connection with a transfer of the App, provided that your rights as a consumer are not reduced.
• Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation”.

20. Language of these Terms

These Terms are available in several languages for your convenience. If there is any inconsistency or conflict between the English version and a translation, the English version prevails, to the extent permitted by applicable law.

21. Contact

For questions, complaints or claims about the App or these Terms, please contact:
Habibe Atik · appsroutine@gmail.com