Terms of Use

These Terms of Use ("Terms") form a binding agreement between you and Ihor Malovanyi, a sole proprietor based in Ukraine ("we", "us", or "Backtrack"), and govern your use of the Backtrack iOS application ("the App"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

If you obtained the App through Apple's App Store, the Apple-mandated terms in Section 12 also apply.

1. What Backtrack does

Backtrack is a retroactive audio and video recorder. It continuously captures sound (and optionally video) from your device into a rolling buffer, and lets you save the recent past with a single tap, voice command, or paired-device trigger.

The App runs entirely on your iOS device. We do not host, transmit, or process your recordings on any server.

2. Eligibility

You must be at least 13 years old to use the App (or 16, if you are located in a jurisdiction where that is the minimum age for digital consent). If you are under the age of majority in your jurisdiction, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.

3. Subscriptions and pricing

The App requires an active subscription to function. We currently offer:

• Weekly plan, billed weekly through your Apple ID.
• Annual plan, billed yearly, with a 3-day free trial for first-time subscribers (subject to Apple's eligibility rules — typically one trial per Apple ID per subscription group).

Prices are shown in the App at the time of purchase in your local currency. Subscriptions auto-renew at the end of each billing period at the then-current price, unless cancelled at least 24 hours before the end of the period.

You can manage or cancel your subscription at any time in iOS Settings → Apple ID → Subscriptions, or via the Restore link on the Backtrack paywall.

Refunds are handled by Apple under Apple's refund policy: https://support.apple.com/en-us/HT204084 . We have no direct ability to issue refunds for App Store purchases. If you believe you've been charged in error, please contact Apple Support; we are happy to support your case by replying to an Apple Support inquiry if needed.

Free trial. During a free trial, your Apple ID is not charged. To avoid being charged when the trial ends, cancel the subscription at least 24 hours before the trial's expiration. We do not send reminder emails; Apple may or may not send one depending on your Apple ID region.

No refunds for partial periods. If you cancel a paid subscription mid-period, the subscription remains active until the end of the paid period; we do not pro-rate refunds for unused time.

4. Your account

The App has no account system. We do not collect a username, email, or password. Your subscription is tied to your Apple ID. If you switch Apple IDs or devices, restore purchases through the App's Restore link to re-activate access on the new device.

5. License grant

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on iOS devices you own or control, subject to these Terms and your active subscription. This license is not a sale; we retain all intellectual property rights in the App.

6. Acceptable use

You agree not to:

• Reverse-engineer, decompile, or disassemble the App, except where this restriction is prohibited by applicable law (e.g., for interoperability under EU Directive 2009/24/EC).
• Use the App to record people without their knowledge or consent, where such consent is required by the laws of your jurisdiction. Many jurisdictions have one-party-consent laws; others require all-party consent. You are solely responsible for ensuring your recordings comply with local laws regarding privacy, wiretapping, and consent.
• Use the App to record content you do not have the right to record (e.g., copyrighted performances at venues that prohibit recording).
• Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with anyone else's use.
• Circumvent the subscription paywall or any access controls.
• Use the App in safety-critical contexts where its failure could cause physical harm, loss of life, or significant property damage. Backtrack is a consumer recording tool; it is not designed for, and you must not use it for, evidence collection in serious legal matters, surveillance of vulnerable persons without authority, emergency communications, aviation, medical monitoring, or any context governed by sector-specific regulation.

7. Recordings and content

You retain full ownership of all recordings you create using the App. We claim no ownership, license, or right to your recordings. We do not access, transmit, or process them.

You are solely responsible for:

• The legality of your recordings under the laws applicable where you are recording and where the recorded person is located.
• Obtaining any consents required by law before recording another person.
• The content of any recordings you choose to share outside the App.
• Backing up recordings you wish to keep. Recordings stored only on your device may be lost if your device is damaged, lost, stolen, reset, or if the App is uninstalled.

8. iCloud Sync

If you enable iCloud Sync, recording metadata (titles, ratings, tags, notes, timestamps) is synchronized through your personal iCloud account using Apple's CloudKit. We do not access this data. Audio and video files themselves are not synchronized in the current version.

Use of iCloud Sync is subject to Apple's iCloud Terms of Service (https://www.apple.com/legal/internet-services/icloud/), including iCloud storage limits.

9. Privacy

Your privacy is governed by our Privacy Policy, available at the URL we provide alongside these Terms. The Privacy Policy forms part of your agreement with us.

10. Permissions

The App requests iOS permissions for microphone access (required), camera (optional, for video mode), and speech recognition (optional, for voice keyword triggers). You can revoke any permission at any time in iOS Settings → Privacy & Security. Revoking a required permission may make the App non-functional.

11. Updates and changes

We may release updates to the App from time to time. Updates may add, modify, or remove features. We may end support for older iOS versions in line with reasonable industry practice.

We may modify these Terms with notice posted in the App or at the URL where these Terms are published. Material changes (e.g., changes affecting your rights, pricing, or data handling) will be communicated at least 30 days before they take effect; minor clarifications may be made silently. Continued use of the App after the effective date constitutes acceptance.

If you do not accept a material change, your remedy is to cancel your subscription and stop using the App.

12. Apple App Store terms

If you obtained the App through the App Store, you acknowledge that:

• These Terms are between you and us only, not with Apple. Apple is not responsible for the App or its contents.
• Apple has no obligation to provide maintenance or support for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App's purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
• We, not Apple, are responsible for addressing any product-liability claim, claim that the App fails to conform to applicable legal or regulatory requirement, claim arising under consumer-protection or similar legislation, or any claim that the App infringes a third party's intellectual property rights, to the extent permitted by law.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, 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.
• You represent that you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

13. Disclaimers

The App is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the App will be uninterrupted, error-free, or free of harmful components.

We do not warrant that recordings will be of any particular quality, will be free of artifacts or dropouts, or will be preserved indefinitely. We do not warrant that any feature (including but not limited to voice triggers, smart trim, Watch integration, AirPods triggers, or iCloud Sync) will work reliably under all circumstances or with all hardware combinations.

Some jurisdictions do not allow the exclusion of certain warranties; to that extent, the above exclusions may not apply to you, but our liability is limited to the maximum extent permitted by applicable law.

14. Limitation of liability

To the maximum extent permitted by applicable law:

• In no event will we be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of recordings, loss of data, loss of profits, loss of goodwill, or business interruption, arising out of or related to your use of or inability to use the App, even if we have been advised of the possibility of such damages.
• Our aggregate liability for any claim arising out of or related to these Terms or your use of the App will not exceed the greater of (a) the amount you paid us for the App in the twelve months immediately preceding the event giving rise to the claim, or (b) the equivalent of fifty U.S. dollars (USD 50).

Nothing in these Terms limits liability that cannot be limited under applicable law — for example, liability for death or personal injury caused by negligence, for fraud, or for any statutory rights that cannot be excluded.

15. Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss, or expense (including reasonable legal fees) arising out of (a) your violation of these Terms, (b) your violation of any law or third-party right (including any privacy or recording-consent law), or (c) your misuse of the App.

16. Termination

You may stop using the App at any time by uninstalling it.

We may suspend or terminate your access to the App if you materially breach these Terms (including any of the restrictions in Section 6). For minor or fixable breaches we will give reasonable notice and an opportunity to cure; for serious breaches (such as attempts to circumvent the paywall or use the App for illegal recording) termination may be immediate.

Subscriptions cancelled or suspended due to your breach are not refundable.

The following sections survive termination: 7 (Recordings and content), 9 (Privacy), 13 (Disclaimers), 14 (Limitation of liability), 15 (Indemnity), 17 (Governing law), and 18 (Dispute resolution).

17. Governing law

These Terms are governed by the laws of Ukraine, without regard to its conflict-of-laws principles.

If you are a consumer resident in the European Union, United Kingdom, or another jurisdiction whose mandatory consumer-protection law provides you with rights you cannot waive, those mandatory rights are unaffected, and you also have the protection of the mandatory laws of your country of habitual residence.

18. Dispute resolution

Before pursuing formal proceedings, you and we agree to attempt good-faith resolution by emailing backtrack-support@ihor.pro with a description of the dispute, and waiting 30 days for a reply.

If informal resolution fails, any dispute that cannot otherwise be resolved will be brought in the competent courts of Ukraine, except where applicable consumer-protection law gives you the right to bring proceedings in your country of habitual residence.

EU residents may also use the European Commission's online dispute-resolution platform at https://ec.europa.eu/consumers/odr/ .

19. Miscellaneous

• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of substantially all assets, with notice to you.
• Entire agreement. These Terms, together with the Privacy Policy and the Apple-mandated terms, constitute the entire agreement between you and us regarding the App.
• Language. These Terms are written in English. Translations may be provided for convenience; the English version controls in case of conflict.

20. Contact

Questions about these Terms:backtrack-support@ihor.pro.

Operator: Ihor Malovanyi, sole proprietor, Ukraine.