Terms of Use.
Last updated · 27 May 2026
1. Acceptance of these Terms
These Terms of Use ("Terms") form a binding agreement between you ("you", "the user") and the Developer governing your use of the AquaTrack iOS application (the "App"). By downloading, installing, or using the App you agree to be bound by these Terms. If you do not agree, do not install or use the App.
These Terms incorporate Apple's Apple Media Services Usage Rules by reference.
2. About the App
AquaTrack is a hydration tracking application for iOS. It calculates a daily fluid-intake target from user-provided profile information, logs beverages, and applies the Beverage Hydration Index (BHI) and related published methods to estimate hydration credit. The App stores all user data locally on the user's device.
3. License grant
The Developer grants you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded device that you own or control, and as permitted by the Apple Media Services Usage Rules. This license:
- Is for personal, non-commercial use;
- Does not transfer ownership of the App or any intellectual property in it;
- May not be assigned, sublicensed, rented, leased, sold, or otherwise transferred without the Developer's written consent.
4. Permitted use and restrictions
You agree not to, and not to permit any third party to:
- copy, modify, adapt, translate, or create derivative works of the App, except as expressly permitted by applicable law;
- reverse-engineer, decompile, disassemble, or attempt to derive source code from the App, except to the limited extent applicable law expressly permits;
- remove, obscure, or alter any proprietary notices, trademarks, or copyright notices;
- circumvent, disable, or otherwise interfere with any in-app purchase, license-verification, or security mechanism;
- use the App in any unlawful manner or for any unlawful purpose;
- use the App in any country, or by any person, prohibited from receiving it under U.S. export laws, EU/UK sanctions, or any other applicable export-control regime.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
5. Subscriptions and in-app purchases
AquaTrack offers Premium features through the following in-app products, identified in Apple's App Store:
- AquaTrack Premium — Monthly (auto-renewing subscription, 1-month period)
- AquaTrack Premium — Yearly (auto-renewing subscription, 1-year period)
- AquaTrack Premium — Lifetime (one-time non-consumable purchase)
The following terms apply to all auto-renewing subscriptions, as required by Apple App Store policy (Schedule 2, Section 3.8(b) of the Apple Paid Apps Agreement):
- Payment is charged to your Apple ID account at confirmation of purchase.
- Auto-renewal: subscriptions automatically renew at the end of each billing period unless you turn off auto-renewal at least 24 hours before the end of the current period.
- Renewal charge: your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the price of the chosen package.
- Management: you can manage your subscriptions and turn off auto-renewal in your Apple ID Account Settings on your device (Settings → [your name] → Subscriptions).
- Free trial: if a free trial is offered and you start one, any unused portion of the trial is forfeited when you purchase a subscription before the trial ends.
- Pricing: current prices are displayed in the App and on the App Store at the point of purchase, in your local currency.
- Restore purchases: previous non-expired purchases (including Lifetime) can be restored via the in-app "Restore purchases" button.
Refunds for in-app purchases are handled by Apple, not by the Developer, in accordance with the Apple Media Services Terms and Conditions. Refund requests should be submitted at reportaproblem.apple.com. The Developer cannot process refunds directly.
6. Apple's role
You acknowledge that these Terms are concluded between you and the Developer only, and not with Apple Inc. or its subsidiaries ("Apple"). The Developer, not Apple, is solely responsible for the App and its content. Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
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 of the App, if any, to you; 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 the Developer's responsibility.
The Developer is solely responsible for addressing any claims relating to the App, including: (a) product-liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer-protection, privacy, or similar legislation; and (d) intellectual-property infringement claims.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
7. Health disclaimer — important
AquaTrack is not a medical device. It does not diagnose, treat, cure, or prevent any disease or medical condition. The hydration calculations, beverage coefficients, and recommendations shown in the App are educational estimates based on peer-reviewed published research (including Maughan et al. 2016 for BHI, and WHO/EFSA/IOM guidance for daily fluid intake). They are population-level estimates and do not take into account the full range of individual variation, underlying medical conditions, medications, pregnancy, breastfeeding, or specialized athletic regimes.
You should consult a qualified healthcare professional before making any decision that affects your health based on data shown in the App. Do not use the App as a substitute for professional medical advice. If you have any medical condition that affects fluid intake (including but not limited to kidney disease, heart failure, diabetes, or any condition requiring fluid restriction), consult your doctor before relying on the App's recommendations.
You acknowledge that you use the App at your own risk and that the Developer cannot accept responsibility for any health outcome arising from your use of, or reliance on, information shown in the App.
8. Privacy
The Developer's collection and processing of personal data is described in the Privacy Policy. By using the App you confirm you have read and understood that policy.
In summary: the App stores all user data on your device, does not operate servers, and does not transmit personal data to the Developer or any third party. HealthKit data accessed by the App is governed by Apple's HealthKit rules and is not used for advertising, marketing, or sale.
9. Updates and changes to the App
The Developer may release updates to the App through the App Store from time to time. These Terms apply to any updates that supplement or replace the original App, unless such an update is accompanied by separate terms, in which case those separate terms apply.
The Developer may modify, suspend, or discontinue any feature of the App at any time, with or without notice. Where reasonably possible, material removals will be communicated through release notes.
10. Termination
The license granted in §3 remains in effect until terminated. It is automatically terminated if you fail to comply with any provision of these Terms. Upon termination you must cease all use of the App and delete it from your device. Sections that by their nature should survive termination (including §§4, 6, 7, 11, 12, 13, 14, 15) survive any such termination.
11. 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 warranty of any kind. The Developer disclaims all warranties, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. The Developer does not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that any data calculated by the App will be accurate or reliable.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights. The above exclusions and limitations apply to you only to the extent permitted by the law of your jurisdiction. If you are a consumer in the European Economic Area, the United Kingdom, or another jurisdiction with mandatory consumer-protection rights, nothing in these Terms is intended to limit or exclude those rights.
12. Limitation of liability
To the maximum extent permitted by applicable law, in no event will the Developer be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of — or inability to use — the App, even if the Developer has been advised of the possibility of such damages.
The Developer's total liability to you for all claims arising out of or relating to these Terms or the App will not exceed the greater of (a) the amount you paid for the App and its in-app purchases in the twelve (12) months preceding the event giving rise to the claim, and (b) fifty (50) U.S. dollars.
Nothing in these Terms excludes or limits the Developer's liability for: (a) death or personal injury caused by the Developer's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law. If you are a consumer in the European Economic Area or the United Kingdom, your mandatory statutory rights are not affected by this section.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless the Developer from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the App, your violation of these Terms, or your violation of any applicable law or third-party right. This section does not apply to consumers acting outside their trade, business, or profession to the extent applicable consumer-protection law restricts such indemnities.
14. Governing law and disputes
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. This choice of law does not deprive you of the protection of mandatory consumer-protection rules of the country in which you have your habitual residence.
Any dispute arising out of or relating to these Terms or the App that cannot be resolved informally will, where allowed by applicable law, be resolved before the competent courts of California. If you are a consumer in the European Economic Area, the United Kingdom, or another jurisdiction with mandatory consumer venue rules, you may bring proceedings in the courts of your country of residence and the Developer may bring proceedings only in the courts of your country of residence.
Before initiating any formal proceeding, you agree to first attempt to resolve the dispute by contacting the Developer at the address in §16. The parties will negotiate in good faith for at least 30 days before pursuing other remedies.
15. Changes to these Terms
The Developer may revise these Terms from time to time. The "Effective date" at the top of this document reflects the most recent revision. Material changes will be reflected in the release notes of the corresponding App Store update, and the in-app "Terms of Use" link will always point to the most current version. Your continued use of the App after a revised version becomes effective constitutes acceptance of the revised Terms.
16. Contact
For any questions about these Terms, contact:
Pavel Turchenko (sole proprietor)
Email: [email protected]
For all matters relating to billing, refunds, subscription management, or App Store account questions, contact Apple at support.apple.com.
This document is available in English and Russian. The version corresponding to your App Store storefront language is the operative version for you; in case of conflict where no storefront-matching version exists, the English version governs to the extent permitted by applicable consumer-protection law.