Terms

Updated: 9 July, 2025.

Thank you for using Vyyz! This document explains the terms under which the Vyyz app and this website operate. “Licensor,” “I,” “we,” or “us” are referring to Tamas Bartal, creator of the Vyyz app, as an individual residing in Hungary in the European Union, and possible future partners, collaborators, employees or contractors.

Introduction

i. “Licensed Application,” “Product,” “Products,” “Service” or “Services” are any software product or service created and maintained by us, specifically including the Vyyz water intake tracker application, whether delivered as a mobile application or any other format.

ii. When you use Vyyz, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to Vyyz over time. We may choose not to enforce some rights or provisions laid out in this document, but doing so we are not waiving that right or provision. These terms contain a limitation of our liability.

iii. Vyyz made available through the Apple App Store is licensed, not sold, to you. Your license to Vyyz App is subject to your prior acceptance of this license. Your license to Vyyz App under this Custom EULA is granted by us, and we reserve all rights in and to the Licensed Application not expressly granted to you under this EULA. This EULA is concluded between you and Licensor only, and not with Apple.

iv. Licensor grants to you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

v. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA as a third party beneficiary thereof.

I. Account and Use

1. You are responsible for maintaining the security of your Apple device, account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up strong authentication for their Apple accounts for added security.

2. You may not use Vyyz for any kind of illegal activities. That includes spamming, phishing, or any other kind of fraud; malware or spyware; infringing on intellectual property; violence, threats, doxing; abuse or exploitation of children. This list is not exhaustive.

3. You are responsible for all content created and activity that occurs under your account. That includes content posted by others who have access to your login credentials.

4. You must be a human. Using our Services by “bots”, “crawlers”, “scrapers”, LLMs, or other automated methods is not permitted.

5. You must be at least 12 years old to use Vyyz. If you are under 18 (or the age of majority in your jurisdiction), you must have your parent or guardian’s permission.

6. 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. You must comply with applicable third party terms of agreement when using Vyyz, including but not limited to any Internet service or wireless data service agreement.

7. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of Vyyz with or without notice.

8. We reserve the right to change the pricing structure for our products. These changes are never applied retroactively.

9. When changes to the Service or prices affect existing customers, we will give timely notice and will notify you in-product.

10. We strive to make Vyyz accessible to all users and comply with Apple’s accessibility guidelines.

11. Maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law, are provided to you by Licensor. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

II. Payments and Subscriptions

1. Vyyz is offered as a paid subscription. Subscriptions include a trial period, but after that you need to pay to keep using Vyyz. If your trial or pre-paid time period expires, your data will still be accessible in the Apple Health app, if you choose to allow synchronization.

2. Vyyz subscription is currently offered on two tiers: Monthly (with a one-week trial period) and Yearly (with a one-month trial period). The exact duration of trial periods and pricing are displayed in the App Store. We reserve the right to change the pricing structure for our products.

3. All financial transactions are handled by Apple. Where required, Apple will collect taxes on behalf of the taxing authority and remit those taxes to taxing authorities. This includes specifically the collection of value added tax in the European Union.

4. You are free to change between plans any time.

5. Subscriptions automatically renew unless auto-renew is turned off before the end of the current period. Your account will be charged for renewal in accordance with Apple’s relevant policies. You can manage or cancel your subscription in your Apple ID Account Settings.

III. Cancellation and Termination

1. You are solely responsible for properly canceling your subscription. An email or phone request to cancel is not considered cancellation.

2. All of your data will remain in your private iCloud and on your devices after your subscription ends if you decide to keep it. In the Vyyz app you will no longer be able to add new entries unless you resubscribe, but you can export your water intake data from the Apple Health app any time, provided you had enabled synchronization.

3. We have the right to suspend or terminate your access to Vyyz and refuse any and all current or future use for any reason at any time. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. Threats, verbal, written, physical, or other abuse will result in immediate termination of any contact with you.

4. Refunds and cancellations are processed by Apple. Click here to manage your subscription. For a refund, please follow these instructions. 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 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.

5. This EULA is effective until terminated by you or us. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

IV. Privacy and Security

1. We handle your private information according to our privacy policy.

2. We enforce encryption for visitors to the Vyyz website from the public Internet: whenever you visit, your communication is sent encrypted over HTTPS.

3. As with any software, Vyyz inevitably will have some bugs. We make no guarantees that Vyyz will be error-free, or meet your specific requirements or expectations. We are committed to fixing reported bugs promptly but cannot guarantee specific timelines for fixes.

Health Data

4. Vyyz integrates with Apple Health only when you explicitly enable this feature. Health data is used solely for the purpose of on-device tracking and displaying your hydration. We cannot access your Health data as it never leaves your device or private iCloud.

5. You can revoke Health app permissions at any time in your device’s Settings under “Privacy & Security”, “Health”, “Vyyz”.

V. Intellectual Property

1. We claim no intellectual property rights over any material you provide to us or enter into Vyyz app.

2. The name, look, and feel of Vyyz are protected by copyright, all rights reserved. You may not duplicate, copy, or reuse any portion of the Vyyz app, or HTML, CSS, JavaScript, or visual design elements of Vyyz website without express written permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Vyyz app or the Vyyz website, without express prior written permission.

3. You must not create, maintain or modify another website, application or document to falsely imply that it is associated with Vyyz.

4. We may provide you certain portions of our Service under specific license. The source of weather information in some of the notifications Vyyz can send is Apple Weather and partners.

5. You 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, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

VI. Limitations and Disclaimers

1. You may not use Vyyz for radio, newspaper, broadcast television or cable television distribution without express written permission. You may not sell, lease, or sublicense Vyyz or access thereto. You may not display or invoke Vyyz, its name or logo in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Vyyz.

2. Vyyz is not intended to be used in any circumstances where human life or property may be at stake. You understand that Vyyz is not designed for such purposes, and that we are not liable for death, personal injury, or severe property or environmental damage.

3. We do not offer service-level agreements.

4. Your use of the Services is at your sole risk. We provide Vyyz on an “as is” and “as available” basis, with all faults and without warranty of any kind, to the maximum extent permitted by applicable law. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

5. You expressly understand and agree that Vyyz, its developer, maintainer, owner(s), employee(s) or partner(s) shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Use or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6. These Terms are governed by the laws of Hungary and the European Union. Licensor, not Apple, is responsible addressing any claims, 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, including in connection with Licensed Application’s use of the HealthKit frameworks. Any disputes will be resolved through good faith negotiation. If that fails, disputes will be settled in the courts of Hungary, except where prohibited by law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

VII. Term updates

9 July, 2025
Extended the trial period. Monthly subscriptions now include a one-week trial, and yearly subscriptions come with a free month introductory offer.
24 June, 2025
Updated all sections in order to harmonize with Apple’s Minimum Terms of End-User License Agreement.
21 June, 2025
Initial version

VIII. Contact


If you have questions, comments, or suggestions about these Terms of Service, please send an email.
Your valuable feedback is always appreciated.

Thank you again for using Vyyz!
Tamas Bartal