Spohad App — Terms of Use

1. Scope and contracting parties

These Terms of Use govern the use of the mobile application “Spohad” for iOS and iPadOS, including its extensions and the remote control for the Apple Watch (hereinafter “the App”). The provider of the App is me, Maksim Pashkovskij, Birkenwaldstraße 106, 70191 Stuttgart; the full details are in the Impressum.

These Terms are the licence agreement for the App. They are linked on the App’s page in the App Store, available at any time in the App, and published at spohad.app/terms, where you can save and print them. They become part of the contract when you download and use the App.

Under § 13 of the German Civil Code (BGB), a consumer is anyone who enters into the contract for purposes that are predominantly outside their trade, business, or profession. Where these Terms distinguish between consumers and traders, that is said expressly.

2. Formation of the contract, Apple’s role

The App is distributed through the Apple App Store and, during testing, through Apple’s TestFlight. The contract for acquiring the App and for purchases inside the App is concluded between you and Apple (currently Apple Distribution International Ltd., Ireland, within the European Union); Apple handles the order, payment, invoicing, and refunds under the Apple Media Services Terms and Conditions. You receive the pre-contractual information and the order confirmation there.

The contract for using the App on these Terms is concluded between you and me. I receive no payments, and I receive no payment data.

2a. Beta through TestFlight

A version supplied through TestFlight is a test version. It may be incomplete, contain errors, change, or work less reliably than a released version. Each TestFlight build can be used for no more than 90 days; Apple can then make it unavailable, and I may end or replace a build earlier.

Purchases inside a TestFlight version are test purchases in Apple’s test environment. You are not charged for them, and they create no claim to a paid entitlement after the test ends.

Spohad can move, rename, and delete files. Before testing, therefore, make a current backup of files you cannot afford to lose and carefully review the decisions you have collected before choosing “Save”.

3. Licence

I grant you a personal, non-exclusive, and non-transferable right to use the App for your own purposes on Apple devices that you own or control, within the usage rules of the Apple Media Services Terms and Conditions (which include Family Sharing, section 7 c). No title in the App and no copyright in it is transferred by this. I may terminate the licence agreement only for good cause, in particular if you seriously breach section 5 and continue to do so after a formal warning (Abmahnung).

These Terms take the place of Apple’s standard Licensed Application End User License Agreement; they contain the provisions Apple requires for a provider’s own licence agreement (sections 3, 12, and 14).

This contract exists between you and me alone, not with Apple. I alone am responsible for the App and its content, and for its maintenance and support; Apple is under no obligation to provide maintenance or support for the App. I, not Apple, am responsible for any claims relating to the App — for example arising from product liability because the App does not meet a statutory or regulatory requirement, or arising from consumer-protection or data-protection law. Apple and Apple’s affiliates are third-party beneficiaries of these Terms within the meaning of a contract for the benefit of a third party (§ 328 BGB) and may enforce the provisions concerning them against you.

4. Your content, your files

Spohad organises photos, videos, documents, and other files that belong to you. All rights in your content remain with you. I acquire no rights in it and have no access to it.

Spohad moves, renames, and deletes files on your device and on the storage you connect, and creates companion files holding your ratings, tags, and descriptions — exclusively on your instruction and only after you have confirmed the decisions you have collected with “Save”. Without that confirmation, no file is changed.

You are responsible for being entitled to process the content concerned. Because the App moves and deletes files on your instruction, I strongly recommend that you make your own, current backup copies of your photos and files before sorting and review the decisions you have collected before “Save”. A failure to make a reasonable backup may be taken into account as contributory negligence if it contributes to a loss of data (§ 254 BGB); a backup is not a condition of your statutory remedies for defects. I am liable for the loss of or damage to data in accordance with section 12.

Encrypted Vault: if you keep files in the Vault “Inside the app”, you set a Vault code. Nobody but you knows it; it is stored nowhere, and I have no copy of it. On the device where you set up the Vault, you unlock it with Face ID, Touch ID, or the device passcode, and can also set a new Vault code there. The Vault code is needed where the key is missing on the device — on a new device, after a backup has been restored onto another device, or after you have removed the device passcode. If you have then forgotten it, nobody — including me — can open the encrypted content any more, and I cannot restore access to it. That is the intended property of encryption without a back door; the App points this out to you before you set the code and before the purchase. Several wrong entries in a row lead to growing waiting periods, never to deletion. Uninstalling the App or “Reset App” erases the encrypted Vault on your device; iOS gives no warning when an app is uninstalled. Keep your Vault code safe, therefore, and keep copies of files you cannot afford to lose (for example through the export).

5. Permitted use

You undertake to use the App only for lawful purposes and only with content you are entitled to process. You further undertake not to reverse-engineer, decompile, modify, or distribute the App, unless the law permits you to do so; §§ 69d and 69e of the German Copyright Act (UrhG) remain unaffected.

6. Free use and the daily allowance

The App is free to use. Without any purchase you can place up to 50 sorting decisions in Changes each day (100 when the app language is set to Ukrainian). Viewing your archive and carrying out decisions you have already made via “Save” is always free and is not capped. If you undo a decision, it is credited back to you. The daily allowance is available afresh every day.

The daily allowance forms part of the service provided free of charge. I change its size for the future only for an objective reason — for example to prevent abuse, to distribute limited technical resources fairly, or to keep free use economically sustainable — and only to an extent that is reasonable after taking your interests into account. I will give you reasonable advance notice in the App. Viewing your archive and carrying out decisions already made via “Save” remains free and uncapped; a change does not affect Spohad Pro.

7. Purchases in the App

Purchases are handled exclusively by Apple via the App Store and StoreKit; the Apple Media Services Terms and Conditions apply. I receive and process no payment data. You see the price before the purchase, in the App, in your local currency; it is the final price including any applicable taxes.

a) Spohad Pro as a subscription with automatic renewal

Spohad Pro lifts the daily allowance in section 6 entirely, includes encryption in the Vault (section 7 g), includes external folders (network shares, removable drives, and third-party cloud storage; one such folder is free of charge without Spohad Pro), includes background audio, TV output through AirPlay, and the Apple Watch remote, and is offered as a subscription with a term of one month or of twelve months. It is a subscription with automatic renewal. The renewal and its cancellation are handled by Apple under its own terms; in detail:

• The price is charged to your Apple Account upon confirmation of the purchase.
• The subscription renews automatically for the same term unless you switch off automatic renewal at least 24 hours before the end of the current period.
• The charge for the renewal is made within the last 24 hours before the end of the current period, at the price then applicable. If the price rises, Apple informs you beforehand and, where required, obtains your consent.
• You can manage the subscription and switch off automatic renewal at any time: in the settings of your Apple Account, under “Subscriptions”. Cancelling during a running period takes effect when that period expires; the period already paid for is not refunded on a pro-rata basis, unless your statutory rights (for example a right of withdrawal or rights arising from a defect) provide otherwise.
• On the first use of Spohad, a seven-day unlock of full Spohad Pro starts on the device, without payment and without a subscription. The App records the start in the local keychain; reinstalling the App does not grant those days again. The subscriptions themselves have no introductory offer: those seven days live in the App, not in the subscription. Both terms start as paid subscriptions from the first payment. In exchange, using the App without a subscription is not limited in time: the free daily allowance of decisions renews every day and does not expire.

b) One-time purchase (“Lifetime”)

Spohad Pro is also offered as a one-time purchase with no term (“Lifetime”). You pay once; the purchase does not renew, is not billed recurrently, and does not end after any period expires. It is tied to your Apple Account and can be brought back to your devices with “Restore Purchases”. The functions it unlocks are available to you without any time limit, in every version of the App you use; no later subscription is needed for them. The App works without my server, so I also cannot remotely disable an App already installed or its unlocked functions. How long I provide updates is governed by section 10.

c) Family Sharing

Spohad Pro — the subscription as well as the one-time purchase — is enabled for Apple’s Family Sharing: the members of your family group use it with a single payment. The same applies to the Apple Watch remote (section 7 h). The family group and the sharing are managed by Apple in the settings of your Apple Account; I do not learn who belongs to it.

d) Right of withdrawal (Widerruf)

Because the contract for the purchase is concluded with Apple, any right of withdrawal exists against Apple; Apple informs you of it during the order process and provides the procedure there. For contracts for the supply of digital content that is not supplied on a tangible medium, the right of withdrawal lapses early under § 356(5) BGB if performance has begun after you have expressly consented to performance beginning before the withdrawal period expires, have confirmed your knowledge that you thereby lose your right of withdrawal, and have received a confirmation of the contract. Your statutory rights otherwise remain unaffected.

e) Refunds

Refunds, invoices, and billing questions are handled by Apple under the Apple Media Services Terms and Conditions; I can neither view nor refund a payment through Apple. Please turn to Apple for those, and to the address in section 19 for everything else.

f) No advertising

The App contains no advertising. There is therefore no ad-free pass and no purchase that removes ads.

g) Vault encryption

Encryption in the Vault (“Inside the app”) is part of Spohad Pro — of the subscription as well as of the one-time purchase — and is shared with it through Family Sharing; each member’s Vault stays on their own device and opens only with their own key. If your entitlement ends — because a subscription expires or is cancelled, or because Apple refunds or revokes a purchase — the files already encrypted stay yours and stay accessible: you can still view them, export them, move them to a folder, and delete them. Only putting new files into the encrypted Vault is no longer possible until Spohad Pro is active again; decisions in Changes that would do so wait until then, or until you choose a folder as the Vault’s place.

h) Apple Watch remote

The Apple Watch remote is part of Spohad Pro — of the subscription as well as of the one-time purchase — and is not sold separately. It is shared with Spohad Pro through Family Sharing as described in section 7 c. The seven days of full Spohad Pro in the App include it.

What the watch shows stays free: the state of Changes (the stone), the counter, the daily allowance, the streak, and the watch face. Commands from the watch — swipe, hold, undo, like, and the other gestures — are carried out by the App while Spohad Pro is active. Without Spohad Pro the App refuses a command from the watch, the watch signals this with a failure haptic, and the shop opens on the iPhone. Everything you do on the iPhone itself is unaffected.

If Spohad Pro ends — because a subscription expires or is cancelled, because Apple refunds or revokes the purchase, or because you leave the family group that shares it — commands from the watch stop; sections 7 d and 7 e apply accordingly. The watch stays usable afterwards; it shows only the state again.

8. Spohads

The “spohads” collected in the App are an award inside the game. They are neither a currency nor a balance: in this App they are neither spent nor sold nor exchanged for money, goods, or services. They are given free of charge and do not represent an asset; there is no claim to their continued existence or to any payout.

9. Third-party services

The App runs on Apple’s operating systems and is distributed through the Apple App Store and, during beta testing, through TestFlight. When using it, you must comply with the applicable terms of Apple and of any storage provider you choose, to the extent that those terms do not conflict with your mandatory statutory rights or these Terms. If you choose folders that sit on iCloud Drive, on a network share, or with a cloud provider, you are reaching your own storage through the Files app of iOS; I am not part of those connections.

10. Updates

For the period you can expect in the circumstances, given the nature and purpose of the App, I will provide you with the updates that are necessary for the App to remain in conformity with the contract, including security updates (§ 327f BGB). The App Store notifies you when an update is available; I inform you, in the App or in the release notes, of the consequences that not installing it would have. If you do not install such an update within a reasonable period, I am not liable for a defect that arises from that alone, unless the installation failed because of faulty instructions from me (§ 327f(2) BGB).

There is no claim to new functions, or to support for future generations of devices and future operating-system versions, beyond the above.

11. Changes to the App

Beyond what is needed to bring the App into conformity with the contract, I change it only where there is a valid reason for doing so — such as adapting to a new operating-system version, to a change in the law, or to a security need — where this causes you no additional cost, and where I inform you of the change clearly and comprehensibly (§ 327r BGB). If such a change impairs your ability to access or use the App more than negligibly, I will inform you in the App in good time beforehand about the nature and timing of the change and about your right to terminate the contract free of charge within 30 days; this right does not exist where the previous version remains usable unchanged at no additional cost.

If you use the App without a purchase, I may also change or discontinue free functions beyond that. Functions you have acquired through a purchase I change only under paragraph 1.

12. Warranty and liability

Your statutory rights in the event of defects — for digital products in particular under §§ 327 et seq. BGB — remain in full. These Terms are not intended to exclude or curtail those rights.

I am liable without limitation for intent and gross negligence, for damage arising from injury to life, body, or health, for the fraudulent concealment of a defect, under a guarantee I have given, and under the Product Liability Act (Produkthaftungsgesetz). For simple negligence I am otherwise liable only for the breach of an essential contractual obligation — that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely — and then limited to the damage typical of this kind of contract that was foreseeable when the contract was concluded. Beyond that, liability for simple negligence is excluded.

If you use the App without having bought anything, you receive it free of charge. In that case I am not liable for simple negligence, not even under the preceding paragraph; liability for intent and gross negligence, for damage arising from injury to life, body, or health, for the fraudulent concealment of a defect, under a guarantee, and under the Product Liability Act remains unaffected (cf. §§ 521, 524, 599, and 600 BGB).

Where simple negligence leads to the loss of data, my liability is limited to the effort that would have been necessary to restore it had you backed it up properly and regularly.

The above limitations also apply in favour of my vicarious agents.

I am not liable for disruptions for which I am not responsible — such as force majeure, or outages of or changes at Apple (App Store, StoreKit, iOS, iCloud) or at the storage provider you have chosen.

If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price to you. Beyond that, and to the maximum extent permitted by law, Apple has no warranty obligation. If a third party claims that the App, or its possession and use, infringes its intellectual property rights, I alone am responsible for investigating, defending against, and resolving that claim, not Apple.

13. Intellectual property

Rights in the parts of the App protected by copyright or other intellectual-property rights belong to me or to the third parties identified. This applies in particular to the selection, arrangement, and design I created personally, and to the name “Spohad” and the associated signs. I claim no copyright in automatically generated parts to the extent that the law grants no protection to them. Third-party components remain under their own licences, which you can find in the App under “Licenses”. These Terms grant you only the right of use described here.

14. Export compliance

By using the App you represent that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a terrorist-supporting country, and that you are not on any United States Government list of prohibited or restricted parties.

15. Term and termination

The contract runs for an indefinite period. You may stop using the App and uninstall it at any time; a running subscription you cancel in addition through your Apple Account (section 7 a). Either side’s right to terminate for good cause under § 314 BGB remains unaffected.

Uninstalling does not remove the companion files that Spohad has placed beside your files; you can delete those yourself. Uninstalling does, however, erase the encrypted Vault on your device (section 4). The App keeps no user account, so there is also no account that would have to be deleted.

16. Changes to these Terms

If the legal situation, a requirement of Apple’s, or the functions of the App change, a new version of these Terms may become necessary. I will show you a new version in the App before it is to take effect, and highlight what changes. It takes effect for you only once you consent to it; continuing to use the App, or staying silent, does not count as consent. If you do not consent, the previous Terms continue to apply to you. Without your consent, only changes that work exclusively in your favour, or that affect only the presentation without changing rights and obligations, take effect.

The version of these Terms in force at any given time is always available in the App and at spohad.app/terms.

17. Language of the contract and language versions

These Terms are provided in German, English, and Ukrainian with equivalent meaning. You may use any of these language versions for the contract. If versions differ or wording remains unclear, the interpretation more favourable to you as a consumer applies. Mandatory rights of the country in which you are habitually resident remain unaffected.

18. Governing law, dispute resolution, and place of jurisdiction

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer-protection provisions of the country in which you have your habitual residence remain unaffected (Article 6(2) of the Rome I Regulation); this choice of law does not deprive you of that protection.

I am neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

If you are a consumer, the statutory places of jurisdiction apply; if you have your domicile in a member state of the European Union, you may also sue me before the courts of your own domicile (Article 18(1) of the Brussels Ia Regulation). If you are a merchant (Kaufmann), a legal person under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Stuttgart.

19. Severability and contact

If a provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected; the statutory provisions take the place of the invalid provision (§ 306(2) BGB).

Questions, complaints, and claims about the App go to:

Maksim Pashkovskij
Birkenwaldstraße 106, 70191 Stuttgart, Germany
Email: contact@spohad.app

See also the Impressum and the Privacy Policy included in this App.