**Last Updated**: December 26, 2025

**Effective Date**: December 26, 2025

## Agreement to Terms

By downloading, installing, or using the Instinct iOS application ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and [Your Company Name] ("we," "us," or "our").

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## 1. Use License

### 1.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

- Download and install the App on iOS devices you own or control

- Use the App for personal, non-commercial purposes

### 1.2 License Restrictions

You may NOT:

- ❌ Modify, reverse engineer, decompile, or disassemble the App

- ❌ Remove any copyright, trademark, or proprietary notices from the App

- ❌ Use the App for any unlawful purpose or in violation of any laws

- ❌ Distribute, sublicense, rent, lease, or lend the App to third parties

- ❌ Copy or reproduce the App (except for backup purposes)

- ❌ Use the App to transmit malware, viruses, or harmful code

- ❌ Attempt to gain unauthorized access to our systems or servers

- ❌ Use automated systems (bots, scrapers) to access the App

### 1.3 Ownership

The App and all intellectual property rights therein are and shall remain the exclusive property of [Your Company Name]. These Terms do not grant you any ownership rights to the App.

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## 2. User Account and Data

### 2.1 No Account Required

The App does not require you to create an account or provide personal information to use core features.

### 2.2 User Data

All meal tracking data you create in the App is stored:

- **Locally** on your device using Apple's SwiftData framework

- **In your private iCloud** if you enable iCloud sync (optional)

**You retain all ownership rights to your data.** We do not claim ownership of your meal tracking information, notes, or photos.

### 2.3 iCloud Sync

If you enable iCloud sync:

- Your data will be stored in your private iCloud CloudKit database

- You are responsible for maintaining your iCloud account

- We are not responsible for data loss due to iCloud service interruptions

- Apple's iCloud Terms and Conditions apply

### 2.4 Data Deletion

You may delete your data at any time via the App's "Clear All Sessions" feature or by deleting the App from your device.

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## 3. Subscriptions and Payments

### 3.1 Subscription Tiers

Instinct offers the following premium subscription options:

- **Weekly**: $2.99 USD per week

- **Monthly**: $8.99 USD per month

- **Annual**: $59.99 USD per year

Pricing may vary by region due to currency exchange rates and local taxes.

### 3.2 Payment Processing

All payments are processed through the Apple App Store. By subscribing, you agree to Apple's Terms of Service and payment terms.

**We do not store or process your payment information.** All billing is handled by Apple.

### 3.3 Auto-Renewal

Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period.

**Auto-Renewal Details**:

- Your Apple ID account will be charged for renewal within 24 hours before the current period ends

- You will be charged the same price unless we notify you of a price change

- You can manage subscriptions and turn off auto-renewal in iOS Settings > [Your Name] > Subscriptions

### 3.4 Cancellation

You may cancel your subscription at any time:

1. Open iOS Settings

2. Tap [Your Name] at the top

3. Tap "Subscriptions"

4. Select "Instinct"

5. Tap "Cancel Subscription"

**Cancellation takes effect at the end of the current billing period.** You will retain premium access until then. No refunds for partial periods.

### 3.5 Refunds

All purchases are final. We do not offer refunds except as required by law or Apple's refund policy.

**To request a refund**, contact Apple Support directly:

- https://reportaproblem.apple.com

We cannot process refunds for App Store purchases.

### 3.6 Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period. You will be notified of price increases before your next renewal. If you do not agree to the new price, you may cancel your subscription.

### 3.7 Restore Purchases

If you reinstall the App or use it on a new device, you can restore your subscription via the "Restore Purchases" button in the paywall screen. No additional charge will be incurred.

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## 4. Free vs Premium Features

### 4.1 Free Tier

The following features are available for free:

- Unlimited meal tracking with Sensation Wheel

- Basic eating session logging

- 7-day session history

- 1 weekly AI insight

- Dashboard view (last 7 days only)

- Basic pattern detection

### 4.2 Premium Features

Premium subscriptions unlock:

- Unlimited session history (beyond 7 days)

- 20 AI insights per day (GPT-4 powered)

- Emotional trigger analysis

- Sleep-satiety correlation (with HealthKit)

- Personalized journey phase coaching

- Meal Companion real-time guidance

- Calibration check-ins

- Data export (coming soon)

### 4.3 Feature Availability

We reserve the right to:

- Add new features to premium or free tiers

- Move features between tiers with reasonable notice

- Discontinue features that are no longer viable

Existing subscribers will be notified of significant feature changes.

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## 5. Privacy and Data Use

### 5.1 Privacy Policy

Your use of the App is also governed by our Privacy Policy, available at:

https://www.instinctapp.com/privacy

By using the App, you consent to our collection, use, and sharing of data as described in the Privacy Policy.

### 5.2 AI-Powered Insights

If you subscribe to Premium and opt-in to AI insights:

- We send **anonymized, aggregated summaries** of your eating patterns to OpenAI's API

- We **do NOT send** raw meal data, photos, or personally identifiable information

- You may disable AI insights at any time in Settings

See our Privacy Policy for full details.

### 5.3 Third-Party Services

The App uses the following third-party services:

- **RevenueCat**: Subscription management (https://www.revenuecat.com/privacy)

- **OpenAI**: AI-powered insights (https://openai.com/privacy)

- **Apple iCloud**: Data sync (https://www.apple.com/legal/privacy/)

You acknowledge and agree to the privacy policies of these third parties.

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## 6. Medical Disclaimer

### 6.1 Not Medical Advice

**IMPORTANT**: Instinct is a wellness and mindfulness app. It is **NOT** a medical device and does NOT provide medical advice, diagnosis, or treatment.

The App provides:

- Meal tracking tools

- Pattern recognition for eating behaviors

- Mindfulness techniques based on Japanese wellness principles (Hara Hachi Bu)

### 6.2 Consult Healthcare Professionals

If you have or suspect you have:

- An eating disorder (anorexia, bulimia, binge eating disorder, ARFID, etc.)

- A medical condition related to eating or nutrition

- Diabetes or other metabolic conditions

- Any health concerns

**You must consult with a qualified healthcare professional** before using this App. Do not use the App as a substitute for professional medical advice.

### 6.3 Eating Disorder Recovery

While the App is designed with recovery-friendly language and non-judgmental messaging, it is **NOT a treatment for eating disorders**.

If you are in recovery from an eating disorder:

- Use the App only with approval from your therapist or treatment team

- The App's tracking features may not be appropriate for all stages of recovery

- Discontinue use if it triggers disordered eating behaviors

**Crisis Resources**:

- National Eating Disorders Association (NEDA): 1-800-931-2237

- Crisis Text Line: Text "NEDA" to 741741

### 6.4 Limitation of Liability

**We are not liable for any health outcomes, injuries, or consequences resulting from your use of the App.** Use the App at your own risk.

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## 7. Acceptable Use

### 7.1 Prohibited Conduct

You agree NOT to use the App to:

- Violate any laws or regulations

- Infringe on intellectual property rights

- Transmit harmful content (malware, viruses, etc.)

- Harass, abuse, or harm others

- Collect data from other users (the App has no social features)

- Bypass or circumvent technical restrictions

- Use the App for commercial purposes without our permission

### 7.2 Content Standards

If you provide content (e.g., user notes, meal descriptions):

- You retain ownership of your content

- You grant us a license to display your content within the App

- Your content must not violate any laws or third-party rights

- Your content must not contain malicious code

### 7.3 Termination

We reserve the right to suspend or terminate your access to the App if you violate these Terms. Termination will not entitle you to a refund.

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## 8. Intellectual Property

### 8.1 Trademarks

"Instinct" and the Instinct logo are trademarks of [Your Company Name]. You may not use our trademarks without prior written permission.

### 8.2 Copyright

All content in the App, including but not limited to:

- Text, graphics, UI design

- Software code

- Japanese cultural references and educational content

- Hara Hachi Bu methodology explanations

...is protected by copyright law and owned by [Your Company Name] or our licensors.

### 8.3 Feedback

If you provide feedback, suggestions, or ideas about the App ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate your Feedback into the App without compensation or attribution.

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## 9. App Availability and Updates

### 9.1 Availability

We strive to make the App available at all times, but we do not guarantee uninterrupted access. The App may be unavailable due to:

- Maintenance or updates

- Server issues

- Apple App Store outages

- Force majeure events

### 9.2 Updates

We may release updates to the App from time to time. Updates may:

- Add new features

- Fix bugs

- Improve performance

- Change UI/UX design

You are responsible for downloading updates. Older versions may not be supported.

### 9.3 Discontinuation

We reserve the right to discontinue the App or any features at any time with reasonable notice. If we discontinue the App permanently, active subscribers will be entitled to pro-rata refunds.

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## 10. Disclaimers and Limitations of Liability

### 10.1 "AS IS" Basis

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

- Warranties of merchantability

- Fitness for a particular purpose

- Non-infringement

- Accuracy or reliability

### 10.2 No Guarantee of Results

WE DO NOT GUARANTEE THAT THE APP WILL:

- Help you achieve health or wellness goals

- Accurately detect eating patterns

- Provide error-free AI insights

- Be compatible with all devices

### 10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

- WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE LAST 12 MONTHS (UP TO $59.99 USD)

This includes liability for:

- Data loss (use iCloud backup)

- Health outcomes

- Inaccurate AI insights

- Subscription billing errors

### 10.4 Exceptions

Some jurisdictions do not allow limitations on warranties or liability. In such cases, the above limitations may not apply to you.

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## 11. Indemnification

You agree to indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, and agents from any claims, damages, or expenses (including legal fees) arising from:

- Your use of the App

- Your violation of these Terms

- Your violation of any laws or third-party rights

- Content you submit to the App

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## 12. Dispute Resolution

### 12.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

### 12.2 Arbitration (Optional - US Only)

For disputes arising in the United States:

- Disputes shall be resolved through binding arbitration under the American Arbitration Association (AAA) rules

- Arbitration shall be conducted in [Your State]

- You waive the right to participate in class-action lawsuits

- Small claims court disputes (under $10,000) are excluded from arbitration

### 12.3 Jurisdiction (EU/International)

For users outside the United States:

- Disputes shall be resolved in the courts of [Your Jurisdiction]

- You consent to personal jurisdiction in those courts

### 12.4 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at [support email] to attempt informal resolution.

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## 13. Changes to Terms

### 13.1 Notification

We may update these Terms from time to time. If we make material changes, we will notify you by:

- Posting the updated Terms in the App

- Sending an in-app notification

- Updating the "Last Updated" date at the top

### 13.2 Acceptance

Your continued use of the App after changes are posted constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the App and cancel your subscription.

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## 14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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## 15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and [Your Company Name] regarding the App and supersede all prior agreements.

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## 16. Contact Information

If you have questions about these Terms, please contact us:

**Email**: [Your support email]

**Website**: https://www.instinctapp.com/terms

**Mail**: [Your company address]

**App Developer**:

[Your name or company name]

[Your address]

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## 17. Acknowledgment

By using the App, you acknowledge that:

- You have read and understood these Terms

- You agree to be bound by these Terms

- You are at least 13 years old (or the age of majority in your jurisdiction)

- You have the legal capacity to enter into this agreement

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**Last Updated**: December 26, 2025

**Effective Date**: December 26, 2025