Terms of Service for Kiroku

1. Acceptance of Terms

By accessing or using the Kiroku mobile application ("App"), operated by Petr Čala ("we", "us"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App. If you purchase a subscription, our Subscription Terms also apply.

2. Description of Service

Kiroku is an application designed to help users track and reflect on their own alcohol consumption. The App provides features for inputting, recording, and analyzing alcohol intake, and optional social features that let you connect with friends. It does not offer medical advice, diagnosis, or treatment.

3. License to Use the App

Subject to these Terms and the terms of the app store you obtained the App from, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your personal, non-commercial use.

All intellectual property rights in the App (excluding content you create) belong to Petr Čala or its licensors. Except to the extent this restriction is prohibited by applicable law, you may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the source code of the App.

4. User Responsibilities

• Users must be at least 18 years old — and at least the legal age to purchase or consume alcohol in their jurisdiction, if that age is higher — to use the App.
• Users are responsible for the security of their account and for all data they enter into the App.
• Users must use the App responsibly and in accordance with all local laws and regulations.

5. User Content and Social Features

The App lets you create content (such as session notes) and connect with other users through optional social features (friends, friend requests, and nicknames). You retain ownership of the content you create. You grant us a limited license to store and process that content solely to operate the App for you, as described in our Privacy Policy.

You are responsible for the content you create and share and for your interactions with other users. You must not upload unlawful, infringing, or harmful content, and you must not harass, impersonate, or misuse other users or their information.

There is no tolerance for objectionable content or abusive users. Objectionable content includes anything that is unlawful, harassing, threatening, defamatory, obscene, hateful, or that promotes violence or harm to others. By using the App and its social features, you agree to this zero-tolerance standard. Users who post objectionable content or behave abusively toward others will have the offending content removed and/or their accounts suspended or terminated, and we may take this action without prior notice.

If you believe that content in the App is objectionable, unlawful, or infringes your rights, please report it to us using the contact details in Contact Us. You can also report content and block other users directly in the App. We review such reports promptly and remove objectionable content and suspend or terminate the accounts responsible.

6. Prohibitions

Users may not use the App to:

• Promote excessive or irresponsible alcohol consumption.
• Mislead or deceive others regarding their alcohol consumption.
• Harass, abuse, impersonate, or harm other users.
• Upload unlawful, infringing, offensive, or harmful content.
• Violate any applicable law or regulation.
• Reverse engineer, decompile, or attempt to extract the source code of the App, except where permitted by law.
• Interfere with or disrupt the App, or attempt to gain unauthorized access to the App, its servers, or other users' accounts.
• Use automated means to access or scrape the App.

7. Disclaimer — Not Medical Advice

The App is intended for informational purposes only. It is not a medical device and does not provide medical advice, diagnosis, or treatment, and it is not a substitute for professional help with alcohol dependence. If you have concerns about your alcohol consumption, please seek guidance from a qualified healthcare professional.

8. No Warranty

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind, whether express or implied. We do not warrant that the App will be uninterrupted, error-free, or secure, or that data will be preserved. This does not affect any statutory warranty or mandatory consumer rights you have under applicable law.

If you are a consumer in the European Union, you have statutory rights regarding the conformity of digital content and digital services, including the right to be supplied with updates necessary to keep the App in conformity. These rights apply even where the App is provided without payment of a price and you provide personal data instead, and nothing in this section limits them.

9. Data Privacy

Your use of the App is also governed by our Privacy Policy, which outlines how we collect, use, and share your data. If you purchase a subscription, our Subscription Terms also apply.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Petr Čala will not be liable for any indirect, incidental, special, or consequential damages, or for loss of data, arising from your use of or inability to use the App. The App is provided to help you track your own consumption; you remain solely responsible for your own decisions regarding alcohol.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law — including liability for harm to life or health, liability caused intentionally or by gross negligence, and your mandatory rights as a consumer under Czech and EU law (including under § 2898 of the Czech Civil Code).

11. Termination

You may stop using the App at any time, and you may delete your account directly in the App, which removes your account and associated data as described in our Privacy Policy.

We may suspend or terminate your access to the App if you breach these Terms or where required by law. Provisions that by their nature should survive termination — including those on intellectual property, disclaimers, limitation of liability, and governing law — will survive.

12. Apple App Store and Other Stores

If you download the App from Apple's App Store, the following additional terms apply to you and, to the extent of any conflict, prevail over any other term of these Terms. In this section, "Licensed Application" means the App.

1. Acknowledgement. You and Petr Čala acknowledge that these Terms are concluded between you and Petr Čala only, and not with Apple, and that Petr Čala, not Apple, is solely responsible for the Licensed Application and the content thereof. These Terms may not provide for usage rules for the Licensed Application that are in conflict with, less restrictive than, or additional to the Usage Rules for Licensed Applications as set forth in the Apple Media Services Terms and Conditions, and Petr Čala acknowledges that it has had the opportunity to review such Usage Rules and that these Terms are not in conflict with them.
2. Scope of Licence. The licence granted to you for the Licensed Application is limited to a non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and Support. Petr Čala is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms or as required under applicable law. You and Petr Čala acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty. Petr Čala is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Petr Čala.
5. Product Claims. You and Petr Čala acknowledge that Petr Čala, not Apple, is responsible for addressing any claims of you or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit Petr Čala's liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights. You and Petr Čala acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party's intellectual property rights, Petr Čala, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance. 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.
8. Developer Name and Address. Any questions, complaints or claims with respect to the Licensed Application should be directed to: Petr Čala, Všemina 251, 763 15 Všemina, Czech Republic; kiroku.alcohol.tracker@gmail.com.
9. Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Licensed Application.
10. Third-Party Beneficiary. You and Petr Čala 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 thereof.

If you download the App from Google Play, Google's terms govern your use of the Play Store; your agreement for the App itself remains with Petr Čala, not Google.

13. Changes to the Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last Updated" date. If a change materially affects your rights or obligations, we will notify you in the App or by email at least 30 days before it takes effect, and you may reject the change by stopping use of the App and deleting your account before the effective date. Changes do not apply retroactively.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without prejudice to any mandatory consumer protection rules of your country of residence.

15. Consumer Disputes (Out-of-Court Resolution)

If you are a consumer and a dispute between you and us cannot be resolved directly, you have the right to an out-of-court resolution of the dispute. The competent body is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, Czech Republic, coi.cz (online submissions at adr.coi.cz).

16. General

These Terms, together with our Privacy Policy and, where you purchase a subscription, our Subscription Terms, form the entire agreement between you and us regarding the App. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect. We may assign these Terms in connection with a transfer of the App; you may not assign them without our consent. Our failure to enforce any provision is not a waiver of it.

17. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

• Email: kiroku.alcohol.tracker@gmail.com

Operator: Petr Čala, Všemina 251, 763 15 Všemina
Business ID (IČO): 08000131
Not a VAT payer.