Terms of Service
1. Acceptance of Terms
By downloading, installing, or using Anima Cycle (the "Application"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Application. The Application is intended for users aged 16 and older.
2. License Grant
Subject to these Terms, Viktoriia Ponomarova ("we", "us", "Company") grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on a mobile device that you own or control, for your personal, non-commercial use only.
3. Intellectual Property
The Application and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, and software — are and will remain the exclusive property of Viktoriia Ponomarova and are protected by copyright, trademark, and other applicable intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
4. License Restrictions
You may not:
- Copy, modify, or create derivative works of the Application
- Reverse engineer, decompile, or attempt to extract the source code
- Sell, sublicense, rent, lease, or transfer the Application to any third party
- Remove or alter any copyright, trademark, or other proprietary notices
- Use automated tools (bots, scrapers) to access or interact with the Application
- Use the Application for any unlawful purpose or in violation of these Terms
5. Not Medical Advice
Anima Cycle is a personal wellness tracking tool and is not intended to provide medical advice, diagnosis, or treatment. The information presented in the Application is for general informational purposes only. You agree not to use any information obtained through the Application for diagnostic, preventive, therapeutic, or medical rehabilitation purposes, and not as a basis for decisions regarding your health condition. Do not change your health habits or make medical decisions based solely on the Application — always consult a qualified healthcare professional. The Application does not constitute the provision of healthcare services.
6. Accuracy of Predictions
Cycle predictions are estimates based on averages and the data you provide. Individual variation is completely normal. Do not rely on Anima Cycle as a contraceptive tool. We make no guarantee about the accuracy of predictions.
7. Your Responsibility
You are responsible for the accuracy of data you enter. The quality of insights depends on the consistency and accuracy of your logging. You are solely responsible for any decisions you make based on information provided by the Application.
8. Circle — Sharing with a Partner or Friend
The Application includes an optional feature, Circle, that lets you invite one partner or friend to view a simplified, ongoing summary of your cycle data (see our Privacy Policy, Section 4 for what is shared and how). By creating or accepting a Circle invite, you agree that:
- You are solely responsible for choosing who you invite and for any consequences of sharing your cycle summary with them.
- You represent that the person you invite is aged 16 or older, as required by Section 1.
- You will not use Circle to harass, monitor without consent, or coerce another person, and you will not redeem an invite code belonging to someone else without their permission.
- The shared summary is a simplification of your data, not a substitute for direct communication, and is not medical information (see Section 5).
- You may revoke a partner's or friend's access at any time ("Stop sharing"), and a recipient may leave a Circle at any time ("Leave Circle").
- Circle depends on Apple's iCloud infrastructure operating correctly on each participant's device; we make no guarantee about its uptime, delivery timing, or accuracy.
9. In-App Purchases and Subscriptions
The Application may offer paid features or subscriptions processed through the Apple App Store or Google Play Store. All purchases are subject to the payment terms of the applicable store. Subscription fees are charged at the beginning of each billing period and auto-renew unless cancelled before the renewal date. To cancel, follow the instructions in your device's app store settings.
EU consumers: Under EU consumer law (Directive 2011/83/EU), you have a 14-day right of withdrawal from the date of purchase. However, by accessing premium features immediately after purchase, you expressly request performance to begin before the withdrawal period expires and acknowledge that you lose the right to withdraw once the service has been fully performed. Where the service is ongoing (subscription), you may cancel at any time and retain access until the end of the current billing period.
All other users: Payments are non-refundable except where required by applicable law.
10. Disclaimer of Warranties
The Application is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Application will be error-free, uninterrupted, secure, or accurate.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
11. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Viktoriia Ponomarova or her successors and assigns be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Application, including but not limited to loss of data, loss of profits, or personal injury, even if advised of the possibility of such damages.
Our total liability to you for all claims arising from or related to the Application shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or €50, whichever is greater.
Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you. Statutory liability claims remain unaffected — in particular, under German law, for intent, gross negligence, injury to life, body, or health, and under the Product Liability Act (Produkthaftungsgesetz).
Where liability is limited or excluded above, this does not apply to breaches of essential contractual obligations (Kardinalpflichten) — obligations without which proper performance of the contract would not be possible and on whose fulfilment you may typically rely. In that case, our liability is limited to the foreseeable, contract-typical damage.
12. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Viktoriia Ponomarova and her successors and assigns from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your unlawful or grossly negligent use of the Application, or your violation of any rights of a third party — including claims arising from your use of Circle to share data with another person — except to the extent such claims result from our own breach of these Terms or applicable law.
13. Term and Termination
These Terms remain in effect while you use the Application. You may terminate at any time by deleting the Application from your device. We may terminate or suspend your access immediately, without notice, if you breach these Terms or if we cease to offer the Application. Upon termination, all rights granted to you under these Terms immediately cease.
14. Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms — including in connection with a merger, acquisition, or sale of all or substantially all of our assets — without notice to you, provided that the assignee agrees to be bound by these Terms.
15. Governing Law
These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Munich, Germany, except that if you are a consumer residing in the EU, this does not deprive you of the protection afforded by mandatory consumer protection provisions of the law of, or restrict your right to bring proceedings in the courts of, your country of residence under the Brussels I bis Regulation (EU) No 1215/2012.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
17. EU Online Dispute Resolution
The European Commission provides an online dispute resolution (ODR) platform for consumers in the EU: consumer-redress.ec.europa.eu. We are not obliged to participate in alternative dispute resolution proceedings, but we are willing to do so. Our contact for dispute resolution: contact@animacycle.com.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Application and supersede all prior agreements and understandings.
19. Changes to Terms
We may update these Terms from time to time. Significant changes will be communicated within the app. Continued use of the Application after changes constitutes acceptance of the updated Terms. Where EU consumer law requires individual notice, we will provide it.