Terms of Service

Agreement to these terms

By downloading, installing, or using the Fluid Friction app for iPhone or iPad ("the App"), you agree to be bound by these Terms of Service and End User License Agreement ("Terms") and by our Privacy Policy. If you do not agree, do not download or use the App.

These Terms are a legally binding agreement between you and Manfred Mjengwa, trading as "Fluid Friction" ("we", "us", or "our"). They are concluded between you and us only, and not with Apple.

What Fluid Friction does

Fluid Friction is a digital-wellbeing and focus tool. It helps you use distracting apps less by adding visual friction to scrolling, blocking or limiting apps through Apple's Screen Time system, opening calmer versions of social sites in an in-app browser, and offering tools such as alarms, NFC focus triggers, insights, and themes. The App processes your information on your device; see the Privacy Policy for details.

Eligibility

To use the App, you must:

• Be at least 13 years old (or 16 where your country's law requires it).
• Have the legal capacity to enter into a binding agreement.
• Not be barred from using the App under any applicable law.

If you are under 18, you confirm that your parent or guardian has reviewed and agreed to these Terms on your behalf.

Your license to use the App

We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the App on Apple devices that you own or control, as permitted by the App Store Usage Rules and these Terms, for your own personal, non-commercial use. All rights not expressly granted are reserved.

You agree not to:

• Copy, modify, or create derivative works of the App.
• Reverse engineer, decompile, or disassemble the App, except to the extent this restriction is prohibited by applicable law.
• Rent, lease, lend, sell, redistribute, or sublicense the App.
• Remove or alter any proprietary notices.
• Use the App to break the law, to infringe anyone's rights, or to violate the terms of any third-party service you access through it.
• Attempt to unlock paid features without paying, or interfere with the App's security or operation.

Fluid Pro subscriptions, billing, and auto-renewal

The core of Fluid Friction is free. Fluid Pro is an optional auto-renewable subscription that unlocks additional features. It is offered as a monthly or annual plan and may include a free trial. At launch, Fluid Pro costs US $4.99 per month or US $39.99 per year, with a 7 day free trial for new subscribers. Prices in your local currency, and the exact length of the plan, are always shown to you in the App before you buy.

• Payment is charged to your Apple ID account when you confirm the purchase.
• The subscription renews automatically for the same period unless you turn off auto-renew 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, at the price then disclosed to you.
• You manage and cancel your subscription yourself in your Apple ID Account Settings (iOS Settings › your name › Subscriptions), not inside the App.
• If you cancel, the subscription remains active until the end of the current paid period and does not renew after that. We do not provide partial-period refunds.
• If a free trial is offered, any unused portion is forfeited when you purchase a subscription, where the law allows.

All payments, billing, and refunds are handled by Apple under Apple's Media Services Terms. Refund requests are made to Apple, for example at reportaproblem.apple.com. We cannot issue refunds directly for App Store purchases.

Third-party services, and no affiliation

The App lets you open and use third-party sites and services, such as Instagram, TikTok, YouTube, Reddit, X, Snapchat, Facebook, and LinkedIn, in an in-app browser using your own accounts. You access those services directly and as their user.

Fluid Friction is an independent tool and is not affiliated with, endorsed by, sponsored by, or approved by Instagram, TikTok, Meta Platforms, Inc., ByteDance Ltd., Google LLC, Reddit, Inc., X Corp., Snap Inc., LinkedIn, or any other platform. All product names, logos, and trademarks belong to their respective owners. Your use of any third-party service through the App is governed by that service's own terms of use and privacy policy, which you are solely responsible for reading and following.

We do not control third-party services and are not responsible for their content, their availability, changes to how they work, their moderation or account decisions, or any action they take against your account. Nothing in the App is intended to help you breach a third party's terms.

Our intellectual property

The App, including its design, code, graphics, animations, themes, and text, is owned by us and protected by intellectual-property laws. Except for the license above, these Terms do not grant you any right in our names, logos, or trademarks.

Not medical or mental-health advice

Fluid Friction is a wellbeing and focus tool provided for general informational purposes only. It is not medical or mental-health advice and is not a substitute for professional diagnosis, treatment, or therapy. Using the App does not create a doctor-patient or therapist-client relationship. Always seek the advice of a qualified health provider with any questions about a medical or mental-health condition, and never disregard or delay seeking such advice because of something in the App. If you are in crisis or may be facing a medical emergency, contact a qualified professional or your local emergency services immediately. We do not promise that the App will reduce your screen time or change your habits; results depend on you.

Disclaimer of warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranty that the App will be uninterrupted, timely, secure, error-free, or compatible with every device or version of iOS. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUID FRICTION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, USE, OR PROFITS.

Our total liability arising out of or relating to these Terms or the App will not exceed the greater of the amount you paid us (or through Apple for the App) in the 12 months before the claim, or ten US dollars ($10.00). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

You agree to indemnify and hold harmless Fluid Friction and Manfred Mjengwa from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the App, your breach of these Terms, your violation of any law, or your violation of any third party's rights or terms, including those of any platform you access through the App.

Termination

You may end this agreement at any time by deleting the App, which also removes its on-device data. We may suspend or end your license if you materially breach these Terms. The sections on intellectual property, disclaimers, limitation of liability, indemnification, and governing law and disputes survive termination.

Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, except that mandatory consumer-protection rules of your country of residence continue to apply to you.

Informal resolution first

Before starting any formal proceeding, you agree to contact us at [email protected] and try to resolve the matter. We will try to resolve it within 30 days.

Arbitration and class-action waiver

If we cannot resolve a dispute informally, it will be settled by binding individual arbitration under the rules of the American Arbitration Association, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for misuse of intellectual property. You and we waive any right to a jury trial and to participate in a class or representative action. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms. Where mandatory local law (for example in the EU or UK) gives you the right to bring proceedings in your local courts, this section does not remove that right.

Changes to these terms

We may update these Terms to reflect changes to the App or the law. When we make a material change, we will update the "Last updated" date and, where appropriate, show a notice in the App. Continued use after the change takes effect means you accept the updated Terms; if you do not agree, stop using the App.

Severability, waiver, and entire agreement

If any provision of these Terms is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest will stay in effect. Our failure to enforce a provision is not a waiver of it. These Terms and the Privacy Policy are the entire agreement between you and us about the App and replace any earlier agreement on that subject.

Apple App Store: required license terms

The following terms apply because you obtained the App from the Apple App Store. If they conflict with anything above, they control for App Store users.

1. Acknowledgement. These Terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content. These Terms may not be inconsistent with the Apple Media Services Terms and Conditions.
2. Scope of license. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims relating to the App or your use of it, including product-liability claims, any claim that the App fails to conform to legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar legislation.
6. Intellectual-property rights. If a third party claims that the App or your use of it infringes that party's intellectual-property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
7. Legal compliance. You represent and warrant that you are not located in a country subject to a US-Government embargo or designated as "terrorist-supporting", and that you are not listed on any US-Government list of prohibited or restricted parties.
8. Developer name and address. Questions, complaints, or claims about the App should be directed to: Manfred Mjengwa, trading as Fluid Friction, [email protected].
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App, for example the terms of any social-media service you access through it.
10. Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that 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 of them.

Contact

Questions about these Terms: [email protected].

See also our Privacy Policy for iPhone and iPad.