Terms of Service

1. Who we are and scope

These Terms govern your use of afora ("App"), provided by Burzinski & Jaenisch GbR, Burgunder Str. 1, 14197 Berlin, Germany (afora@bejaniclabs.de). This agreement is between you and Burzinski & Jaenisch GbR only, and not with Apple. We act as controller for in-app processing; Apple is the controller for iCloud/ App Store payments. No data protection officer is required. Consumer protections under EU/DE law remain unaffected.

2. Eligibility and accounts

You need an account (Sign in with Apple or email) to use cloud features. You must be at least 16 years old if you reside in the EU/EEA/CH. If you are 16–17, you confirm parental consent. You are responsible for safeguarding your credentials and notifying us of unauthorized use.

3. Service description

• Local-first journaling with photos, tags, folders
• Mood tracking and visualizations
• Backtrack reflections and writing assists (AI, opt-in)
• iCloud sync for Pro users (uses your private iCloud via CloudKit; data stored there is not end-to-end encrypted by us). Sync is on by default for Pro if iCloud is available; you can turn it off in Settings → Sync.
• Security: on-device encryption (AES-256) for local storage; keys stay in your iOS Keychain.

The App is not a medical or therapeutic service and does not provide medical advice.

4. Privacy

Our data practices are described in the Privacy Policy and Datenschutzerklärung. Key points: (a) local storage is encrypted; (b) iCloud sync stores unencrypted JSON in your private iCloud (Apple is controller); (c) AI, analytics, and crash reporting are opt-in and can be disabled in Settings; (d) data export/delete is available in Settings → Your Data.

5. Subscriptions and payments

Payments are processed by Apple; entitlement management is via RevenueCat. Prices shown in the App include applicable VAT. Plans may include trials (e.g., 7-day trial on annual). Subscriptions auto-renew unless cancelled at least 24 hours before period end. Manage or cancel in Apple ID settings; refunds are handled by Apple (Apple billing support). After cancellation, Pro access continues until period end.

6. Right of withdrawal (EU/EEA consumers)

App Store purchases are governed by Apple’s terms. For subscriptions, you typically lose the 14-day withdrawal right once you request immediate access and Apple starts fulfillment. You can cancel renewals via Apple ID settings; for refunds use Apple’s process linked above.

7. Acceptable use

• Personal, non-commercial use only
• No unlawful content or activity
• No reverse engineering or bypassing security
• No interference with the App or third-party services
• No sharing of accounts

8. AI features

AI is optional. On-device AI (iOS 26+) is attempted first; no data leaves your device. If cloud AI is used, data is sent via our backend (Cloudflare Workers) through Cloudflare AI Gateway to OpenRouter with Zero Data Retention enabled. Models currently used: Mistral Nemo (backtrack questions), Google Gemini 2.5 Flash Lite (titles), Google Gemini 2.5 Flash (writing), and OpenAI GPT-OSS-120B as fallback. Backtrack/title prompts are truncated (e.g., 500–1,000 chars), but Continue/Start Writing may send the full note text and optional metadata (mood, title, tags, events, place). With Zero Data Retention, data is not stored by us, OpenRouter, or model providers after generating the response; vendors process it under SCCs or equivalent safeguards (OpenRouter uses SCCs; Cloudflare is EU-U.S. Data Privacy Framework certified). Do not rely on AI output for medical, legal, or safety-critical decisions.

9. User content

You own your content. We do not claim rights to your journal entries. By enabling AI, you grant us a limited license to process the specific input solely to provide the requested AI response; we do not store that input after processing. CloudKit copies of your entries are stored in your iCloud under Apple’s control if sync is on.

10. Intellectual property

afora, its design, and code are owned by Burzinski & Jaenisch GbR. We grant you a personal, non-transferable, non-exclusive license to use the App according to these Terms.

11. Warranty and liability

We provide the App “as is” and “as available” to the extent permitted by law. Nothing limits liability for intent, gross negligence, injury to life/body/health, or mandatory consumer rights. For simple negligence, we are liable only for breach of essential contractual duties and capped to foreseeable typical damages. Backup your data (enable iCloud sync for redundancy).

12. Changes to the App and Terms

We may update features or these Terms. Material changes will be announced (e.g., in-app or email) at least 30 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, you may stop using the App and cancel subscriptions via Apple.

13. Governing law and disputes

German law applies; mandatory consumer protections of your home country in the EU/EEA remain unaffected. Venue is Berlin unless mandatory consumer venue rules apply. EU platform for online dispute resolution: https://ec.europa.eu/consumers/odr. We are not obliged nor generally willing to participate in consumer ADR proceedings.

14. Contact

Burzinski & Jaenisch GbR provides customer support for the App. Apple does not provide support for the App. For support inquiries, please contact us at:

Burzinski & Jaenisch GbR
Burgunder Str. 1
14197 Berlin, Germany
afora@bejaniclabs.de

15. Legal Compliance & Apple as Third-Party Beneficiary

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, not designated as a "terrorist supporting" country, and not on any U.S. Government list of prohibited or restricted parties.

You must comply with applicable third-party terms when using the App.

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you.