BackCheck - Terms of Service (EULA)

Effective Date: November 9, 2025
Last Updated: November 11, 2025

Please read these Terms of Service carefully before using BackCheck. By downloading, installing, or using the app, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the app.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legal agreement between you and BackCheck ("we," "us," "our") regarding your use of the BackCheck mobile application ("App").

By using BackCheck, you represent that:

You are at least 13 years old (or 16 in the European Union)
You have the legal capacity to enter into these Terms
You will comply with all applicable laws and regulations
All information you provide is accurate and truthful

2. Description of Service

BackCheck is a posture tracking and reminder app for iOS devices that helps you:

Set up customizable posture check reminders throughout your day
Track your posture check-ins and build streaks
View statistics and analytics about your posture habits
Earn badges and achievements for consistency
Access premium features through optional subscriptions

The app stores all data locally on your device and does not require account creation or internet connectivity (except for subscription processing).

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use BackCheck on your personal iOS device(s) for personal, non-commercial purposes.

License Restrictions

You agree NOT to:

Copy, modify, or create derivative works of the App
Reverse engineer, decompile, or disassemble the App
Rent, lease, sell, or sublicense the App
Use the App for any commercial purpose or for the benefit of third parties
Remove, alter, or obscure any proprietary notices
Circumvent or attempt to circumvent premium features or subscription requirements
Use automated tools to interact with the App

4. Subscription Terms

Subscription Plans

BackCheck offers the following premium subscription options:

Individual
$3.99 per month
$19.99 per year — Save 58%

Family (up to 6 members)
$5.99 per month
$29.99 per year — Save 58%

Free Trial

New subscribers receive a 3-day free trial
Your trial automatically converts to a paid subscription unless you cancel at least 24 hours before the trial ends
Any unused portion of the free trial will be forfeited when you purchase a subscription
Free trials are limited to one per user/Apple ID
We reserve the right to determine free trial eligibility

Payment and Billing

Subscriptions are processed through Apple's App Store
Payment is charged to your iTunes Account upon confirmation of purchase
Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period
Your account will be charged for renewal within 24 hours prior to the end of the current period
Renewal is charged at the current subscription price at the time of renewal
We reserve the right to change subscription prices with 30 days advance notice. Price changes will apply to subsequent renewals.

Managing and Canceling Subscriptions

You can manage and cancel subscriptions at any time through your iPhone:

Go to Settings > [Your Name] > Subscriptions
Select BackCheck
Choose "Cancel Subscription"

When you cancel:

Cancellation takes effect at the end of your current billing period
You will retain premium access until your subscription expires
No refunds will be provided for partial months or years
Your data remains on your device but premium features become unavailable

Refund Policy

All purchases are final and non-refundable except as required by applicable law or at Apple's discretion. For refund requests, contact Apple Support, as all payments are processed by Apple.

We do not have access to your payment information or the ability to process refunds directly.

5. Premium vs. Free Features

Free Features

Up to 5 posture check reminders per day
Basic statistics (7 days)
Streak tracking
2 notification personalities (Default and Motivational)
Basic badges

Premium Features

Up to 24 posture check reminders per day
Advanced statistics (30 days and all-time)
Time-of-day analytics and posture quality trends
5 premium notification personalities (Cynic, Drunk Knight, Polite British, Drill Sergeant, Scientist)
Streak protection (1 missed day per month)

6. Acceptable Use

You agree to use BackCheck only for lawful purposes and in accordance with these Terms. You agree NOT to:

Use the App in any way that violates applicable laws or regulations
Impersonate any person or entity or misrepresent your affiliation
Interfere with or disrupt the App or servers/networks connected to the App
Attempt to gain unauthorized access to any portion of the App
Use the App to transmit any harmful code, viruses, or malicious software
Harass, abuse, or harm another person through use of the App
Collect information about other users without their consent

7. Intellectual Property

All content, features, and functionality of BackCheck, including but not limited to:

Software code, algorithms, and architecture
User interface design, graphics, and animations
Text, logos, icons, and images
Notification messages and personalities
Audio and visual elements

are owned by Iulian Madalin Costache and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The BackCheck name and logo are trademarks of Iulian Madalin Costache. You may not use these marks without prior written permission.

8. Health and Medical Disclaimer

IMPORTANT MEDICAL DISCLAIMER:

BackCheck is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment. The App is designed for informational and tracking purposes only and should not be relied upon for medical decision-making.

Consult Healthcare Professionals: For any medical concerns related to posture, back pain, neck pain, musculoskeletal conditions, or other health issues, consult qualified healthcare professionals such as physicians, physical therapists, or chiropractors.

No Guarantee of Results: While the App may help you track posture habits, we make no guarantees, representations, or warranties regarding health outcomes, symptom improvement, or therapeutic benefits.

Individual Results Vary: Effectiveness depends on consistent use, individual circumstances, underlying health conditions, and numerous other factors beyond our control.

Emergency Situations: In case of severe pain, injury, or medical emergency, seek immediate medical attention. Do not rely on this App in emergency situations.

9. Disclaimer of Warranties

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

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties regarding accuracy, reliability, or completeness of content or data
Warranties that the App will be uninterrupted, error-free, secure, or free of viruses or harmful components
Warranties regarding the results or outcomes from using the App

We do not warrant that:

The App will meet your specific requirements or expectations
The App will be available at all times or in all locations
Any defects or errors will be corrected
The App is compatible with all devices or operating system versions

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IULIAN MADALIN COSTACHE BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or use
Loss of goodwill or reputation
Personal injury or property damage

arising from or related to:

Your use or inability to use the App
Any unauthorized access to or use of our systems
Any interruption or cessation of the App
Any bugs, viruses, trojan horses, or the like
Any errors or omissions in any content
Any loss or damage of any kind incurred as a result of your use of the App

Maximum Liability: Our total liability to you for all claims arising from or related to these Terms or the App shall not exceed the greater of (a) the amount you paid for the App in the 12 months preceding the claim, or (b) $50 USD.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

11. Indemnification

You agree to indemnify, defend, and hold harmless Iulian Madalin Costache, his agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

Your violation of these Terms
Your use or misuse of the App
Your violation of any rights of another party, including intellectual property rights
Your violation of applicable laws or regulations
Any false, misleading, or inaccurate information provided by you

12. Apple-Specific Requirements

IMPORTANT: The following terms are required for all iOS apps distributed through the Apple App Store.

You acknowledge and agree that:

a) Agreement is Between You and Developer

These Terms are concluded between you and Iulian Madalin Costache, not Apple Inc. Apple is not responsible for BackCheck or its content.

b) License Scope

Your license to use BackCheck is limited to a non-transferable license to use the App on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

c) Maintenance and Support

Iulian Madalin Costache, not Apple, is solely responsible for providing any maintenance and support services for BackCheck. Apple has no obligation whatsoever to furnish any maintenance or support services.

d) Warranty

In the event of any failure of BackCheck to conform to any applicable warranty:

You may notify Apple, and Apple will refund the purchase price for the App (if any)
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App
Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Iulian Madalin Costache

e) Product Claims

Apple is not responsible for addressing any claims by you or any third party relating to BackCheck or your possession and/or use of BackCheck, including but not limited to:

Product liability claims
Any claim that BackCheck fails to conform to any applicable legal or regulatory requirement
Claims arising under consumer protection, privacy, or similar legislation

f) Intellectual Property Claims

Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that BackCheck or your possession and use of the App infringes that third party's intellectual property rights.

g) Legal Compliance

You must comply with applicable third-party terms when using BackCheck (e.g., you must not be in violation of your wireless data service agreement when using the App).

h) Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. 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.

i) Developer Responsibility

Iulian Madalin Costache, not Apple, is solely responsible for addressing any claims you or any third party may have relating to BackCheck.

13. Modifications to the App and Terms

App Updates

We reserve the right to:

Modify, suspend, or discontinue the App (or any features) at any time
Release updates, bug fixes, and new versions
Change features available in free vs. premium tiers

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

Terms Updates

We may update these Terms from time to time. When we make material changes, we will:

Update the "Last Updated" date at the top of these Terms
Notify you through the App or via the email associated with your subscription
Provide at least 30 days notice for material changes affecting subscriptions

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

14. Termination

Termination by You

You may stop using the App at any time by:

Deleting the App from all your devices
Canceling your subscription (if applicable)

Termination by Us

We reserve the right to suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including if you:

Breach these Terms
Engage in fraudulent, abusive, or illegal activity
Violate intellectual property rights
Interfere with other users or the App's operation

Effect of Termination

Upon termination:

Your right to use the App immediately ceases
You must delete the App from all devices
You will lose access to premium features (if applicable)
Your data remains on your device but will no longer sync or update (since we don't sync data anyway)
Subscription fees paid are non-refundable except as required by law

The following sections survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

15. Governing Law and Dispute Resolution

Governing Law

These Terms and your use of the App are governed by the laws of the United States without regard to its conflict of law provisions.

Dispute Resolution

If you have a dispute with us, we encourage you to contact us first at contact@backcheck-app.com to attempt to resolve the issue informally through good-faith negotiation.

Arbitration Agreement

If we cannot resolve the dispute informally within 60 days, any legal dispute arising from these Terms or the App shall be resolved through binding arbitration, except that:

Either party may seek injunctive relief in court for intellectual property infringement
Either party may bring an individual action in small claims court

Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You waive any right to participate in class action lawsuits or class-wide arbitration.

Jury Trial Waiver

You and we each waive any right to a trial by jury.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction:

That provision will be modified to reflect the parties' intention to the maximum extent permitted by applicable law
The remaining provisions will remain in full force and effect
The invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Iulian Madalin Costache regarding BackCheck and supersede all prior agreements, understandings, and communications, whether written or oral.

18. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. A waiver of any provision of these Terms will be effective only if in writing and signed by us.

19. Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms at any time without restriction.

20. Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, government actions, natural disasters, epidemics, pandemics, power failures, or internet service provider failures.

21. Contact Information

For questions, concerns, or support regarding these Terms or BackCheck:

Email: contact@backcheck-app.com
Developer: Iulian Madalin Costache

We aim to respond to all inquiries within 48 hours.