Privacy Policy & Terms of Service

Terms of Service & End-User License Agreement (EULA)

Effective Date: March 18, 2026

Last Updated: April 2, 2026

Please read these Terms of Service and End User License Agreement ("Terms") carefully before using the Apical mobile application (the "App") operated by Apical ("we," "us," or "our").

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 download, install, or use the App.

This Agreement is between you and Apical only, and not with Apple Inc. ("Apple"). Apical is solely responsible for the App and its content.

1. ACCEPTANCE OF TERMS

By accessing or using the App, you confirm that you are at least 13 years of age (or the minimum age required in your jurisdiction) and that you have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. DESCRIPTION OF SERVICE

Apical is a personal productivity and wellness application that provides features including, but not limited to:

- Task and appointment management (Planner)

- Email management and note-taking (Inbox)

- Nutrition, fitness, and wellness tracking (Wellness)

- Weather information

- News aggregation

- Shopping list management

- AI-powered assistant features

- Customizable home dashboard with widgets

- Calendar synchronization

- Voice dictation

The App is designed for personal, non-commercial use.

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 the App on Apple-branded devices that you own or control, as permitted by the Apple App Store Terms of Service (the "Usage Rules").

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time, except as permitted by the Usage Rules.

4. USER ACCOUNTS

4.1 Account Creation

You may create an account using Apple Sign In or email registration. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.3 Account Termination

You may delete your account at any time through the App's settings. We reserve the right to suspend or terminate accounts that violate these Terms.

5. ACCEPTABLE USE

You agree to use the App 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

- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App

- Modify, adapt, translate, or create derivative works based on the App

- Use the App to transmit harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content

- Attempt to gain unauthorized access to the App, other users' data, or our systems

- Use the App to distribute malware, viruses, or other harmful code

- Interfere with or disrupt the App's operation or the servers and networks connected to the App

- Use automated means (bots, scrapers, etc.) to access or interact with the App

- Use the App for any commercial purpose without our prior written consent

- Circumvent, disable, or otherwise interfere with any security features of the App

- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party

- Remove, alter, or obscure any proprietary notices, labels, or marks on the App

- Use the App to develop a competing product or service

6. USER CONTENT

6.1 Ownership

You retain full ownership of all content you create within the App, including tasks, notes, appointments, meal logs, workout logs, shopping lists, email drafts, and any other user-generated content ("User Content").

6.2 License

By using the App, you grant us a limited, non-exclusive license to process your User Content solely for the purpose of providing and improving the App's features and functionality. We do not claim ownership of your User Content.

6.3 Responsibility

You are solely responsible for the accuracy, quality, and legality of your User Content. We are not responsible for any User Content that you create, store, or share through the App.

7. AI FEATURES

7.1 Nature of AI Responses

The App includes AI-powered features that generate automated responses. AI responses are provided for informational and entertainment purposes only. AI responses:

- Are generated automatically by language models

- May not always be accurate, complete, or up to date

- Do not constitute professional advice of any kind

- Should not be relied upon for medical, legal, financial, or emergency decisions

7.2 Content Safety

We implement content filtering and safety measures to prevent the generation of harmful, inappropriate, or dangerous content. Content safety features are always active and cannot be disabled.

7.3 Limitation

We are not liable for any actions taken based on AI-generated content. You assume full responsibility for how you use AI-generated information.

7.4 Data Handling

Your chat messages and personal data are not used to train, fine-tune, or improve AI models. Your interactions are processed solely to generate responses within the App. See our AI Disclosure for additional details.

8. HEALTH AND WELLNESS DISCLAIMER

8.1 Not Medical Advice

The wellness features of the App (including nutrition tracking, fitness logging, body weight tracking, and wellness insights) are intended for general informational and personal tracking purposes only. They are NOT intended to:

- Diagnose, treat, cure, or prevent any disease or medical condition

- Replace professional medical advice, diagnosis, or treatment

- Serve as a substitute for consultation with a qualified healthcare provider

8.2 Consult a Professional

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, exercise program, or wellness plan. Never disregard professional medical advice or delay seeking it because of information provided by the App.

8.3 Assumption of Risk

You acknowledge that any exercise, dietary, or wellness activity carries inherent risks. You assume all risks associated with your use of the App's wellness features and agree that we are not liable for any injury, illness, or adverse health outcome.

9. WEATHER INFORMATION DISCLAIMER

Weather information provided by the App is sourced from Apple WeatherKit and is intended for general informational purposes only. We do not guarantee the accuracy, completeness, or timeliness of weather data. Do not rely solely on the App for weather-related safety decisions, including severe weather, travel planning, or emergency preparedness.

10. NEWS CONTENT

News content displayed in the App is aggregated from third-party RSS feeds and sources. We do not create, edit, endorse, or verify the accuracy of third-party news content. The inclusion of any news article does not imply our endorsement of the views expressed therein.

11. INTELLECTUAL PROPERTY

11.1 Our Property

The App, including its design, code, features, graphics, logos, icons, and overall look and feel, is owned by Apical and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

11.2 Trademarks

"Apical" and any associated logos are trademarks of Apical. You may not use our trademarks without our prior written permission.

11.3 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate such feedback without obligation to you.

12. SUBSCRIPTIONS AND IN-APP PURCHASES

12.1 Premium Subscriptions

The App offers two optional premium subscription tiers:

- Apical Plus: Enhanced productivity features including multiple email accounts and calendars, shopping lists, unlimited notes, handwriting canvas, weather effects, holiday themes, AI customization, and workout tracking.

- Apical Pro: All Plus features plus full wellness tracking, news feed, collaboration, unlimited AI chat, cloud backup, profile customization, and access to all AI companion animals.

Each tier is available on a monthly or yearly basis. Current pricing is displayed on the subscription purchase screen within the App.

12.2 Billing

- Payment is charged to your Apple ID account at confirmation of purchase.

- Subscriptions automatically renew unless auto-renew 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.

- You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

12.3 Free Trial

If offered, any unused portion of a free trial period will be forfeited when you purchase a subscription. At the end of the free trial period, your subscription will automatically convert to a paid subscription at the displayed price unless you cancel before the trial ends.

12.4 Price Changes

Subscription prices may change from time to time. If we increase the price of your subscription, Apple will notify you in advance, and you will have the opportunity to cancel before the new price takes effect. Your continued subscription after a price change constitutes acceptance of the new price.

12.5 Cancellation

You can cancel your subscription at any time through:

- iPhone Settings > Apple ID > Subscriptions

- App Store > Account > Subscriptions

Cancellation takes effect at the end of the current billing period. You will continue to have access to premium features until the end of your paid period.

12.6 Refunds

We do not provide partial refunds for unused portions of a subscription period. For refund requests, contact Apple Support directly, as all payments are processed through the App Store.

12.7 Downgrade

If your subscription expires or is cancelled, your account will revert to the free tier. Your existing data will be preserved, but access to premium-only features will be restricted.

13. THIRD-PARTY SERVICES

The App may display, include, or make available third-party content or provide links to third-party services, including Apple Services (Sign In, HealthKit, WeatherKit, StoreKit, EventKit, Speech Recognition), Supabase (cloud sync), RSS feed providers, and AI service providers. You acknowledge that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, or reliability of any third-party content or services.

14. APPLE-SPECIFIC TERMS

You acknowledge and agree that:

14.1 This Agreement is between you and Apical only, and not with Apple. Apical, not Apple, is solely responsible for the App and its content.

14.2 Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

14.3 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

14.4 Apical, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

14.5 In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Apical, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

14.6 Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

14.7 You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

15. DISCLAIMERS

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE APP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APICAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

- YOUR USE OF OR INABILITY TO USE THE APP

- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY WITHIN THE APP

- ANY CONTENT OBTAINED FROM THE APP

- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT

- AI-GENERATED CONTENT OR RECOMMENDATIONS

- HEALTH, FITNESS, OR WELLNESS INFORMATION PROVIDED BY THE APP

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY US DOLLARS ($50.00), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Apical, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

- Your use of the App

- Your violation of these Terms

- Your violation of any rights of another person or entity

- Your User Content

18. GOVERNING LAW AND DISPUTE RESOLUTION

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

18.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the courts of competent jurisdiction.

18.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

19. TERMINATION

This license is effective until terminated by you or Apical. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of their terms.

Upon termination, you shall cease all use of the App and destroy all copies of the App in your possession. Termination does not limit any of Apical's rights or remedies at law or in equity.

Sections 6, 11, 14, 15, 16, 17, and 18 shall survive termination of these Terms.

20. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms within the App and updating the "Last Updated" date. Your continued use of the App after any changes constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the App.

21. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

22. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and AI Disclosure, constitute the entire agreement between you and Apical regarding the use of the App and supersede all prior agreements and understandings.

23. CONTACT US

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

Email: support@garbageapps.com

Website: www.garbageapps.com/apical