Terms of Service

The short version

You have to be 18 or over. The app is a joke that counts things, not a doctor. Your data is yours and it stays on your phone. Nut Pro is a paid subscription bought through the App Store or Google Play, and whatever happens to it, you can always export and delete your data. No ads, ever. Do not use the app to harm anyone. If you do not like these terms, do not use the app.

The short version is a summary. The numbered sections below are the agreement.

1. Who you are agreeing with

These terms are between you and Kallos Labs LLC (“we”, “us”), the maker of The Nut Tracker (“the app”) and the owner of thenuttracker.com (“the website”).

Registered address: [CONFIRM] Dima to insert the registered address for Kallos Labs LLC.

Contact: support@thenuttracker.com

By installing or using the app, or by using the website, you accept these terms. If you do not accept them, do not install or use the app, and do not use the website.

These documents form part of these terms:

• the privacy policy;
• the subscription terms, if you buy Nut Pro or a cosmetic pack;
• the acceptable use policy;
• the disclaimer.

2. You must be 18 or over

The Nut Tracker is for adults only. You must be at least 18 years old to install or use it, or to use the website, wherever you are, and regardless of the age of majority where you live.

The app asks you to confirm your age before it lets you do anything. Confirming falsely is a breach of these terms.

Minors may not use this app. If you are under 18, stop here and delete it. If you are a parent or guardian and a minor has installed it on a device you control, remove it. The delete your data page explains how to wipe everything first.

We do not knowingly permit anyone under 18 to use the app, and we will act on any credible report that someone under 18 is using it, to the extent we are able to.

3. What the app is

The Nut Tracker is a humour and personal wellness tracker. It is a parody of the bathroom tracker genre. You tap a button to record that something happened, optionally rate it, and the app keeps counts, streaks, a calendar, cartoon badges and a mascot who is proud of you.

It includes a “No Nut Mode” which inverts the tracker into an abstinence streak.

The tone is deliberately playful. It is not explicit and it is not meant to titillate. The joke is the squirrel and the statistics.

The app is entertainment and self tracking. That is the whole of what it claims to be.

4. It is not medical advice

This matters, so it is its own section. The full disclaimer is part of these terms.

The Nut Tracker is not a medical device, not a diagnostic tool, not a therapy, and not a substitute for professional advice. Nothing in it, and nothing on the website, is medical, psychological, sexual health, fertility or addiction advice, and nothing in it is a clinical assessment of anything.

Specifically:

• A streak, a badge, a rank or a statistic is a game mechanic. It is not a health outcome and it does not mean anything about your body or your mind.
• A “Dry Spell” is a counter. It is not a diagnosis and it is not a judgement.
• No Nut Mode is a self directed habit feature. It is not a treatment programme for compulsive behaviour and it is not endorsed by any clinical body.
• The app does not detect, prevent, treat or monitor any condition.

If you are worried about your sexual health, your mental health, or a behaviour you feel you cannot control, talk to a qualified professional. Do not rely on this app, and please do not let a number in it make you feel worse. If you are in crisis, contact your local emergency services or a crisis line.

5. Your data is yours

Everything you log stays on your device. We do not have it, we do not want it, and we cannot recover it for you if you lose it.

Three consequences worth stating plainly:

• You own your data. Export it whenever you like, as JSON or CSV. It is your file.
• You are responsible for it. If you delete the app, wipe your data, lose your phone or restore a device without a backup, your history is gone. We have no copy. That is the design, and it is the trade we made for privacy.
• Your data is never held hostage. Exporting your data, and deleting it (a single entry, the Partner Book, or everything), remain available whether or not you have an active subscription or trial. A lapsed subscription never locks you out of your own data.

What we do and do not receive is set out in full in the privacy policy.

Keeping a personal backup, through your device’s own backup or through the app’s export, is a good idea.

6. Acceptable use

Use the app for yourself, for your own records. The full rules are in the acceptable use policy, which is part of these terms. In summary, do not:

• Use it if you are under 18, or help anyone under 18 to use it.
• Use it to record, track or describe anyone without their knowledge and agreement, including through the Partner Book. Nicknames in the Partner Book are yours to manage responsibly.
• Use it to record or describe anything involving a minor, anything non consensual, or anything illegal where you are. This is not a grey area. We will cooperate with law enforcement where legally required.
• Use anything you share from the app, such as a share card, to identify, sexualise, harass or embarrass a real person.
• Reverse engineer, decompile or tamper with the app, or try to break the encryption protecting your notes and Partner Book, or get around the paywall, except where the law expressly allows it regardless of this clause.
• Interfere with the app’s operation or the website’s, or with anyone else’s use of them, including by scraping the website or overloading it.
• Use automated means to generate entries in order to fake statistics.
• Copy, resell, sublicense or redistribute the app or its content, including the mascots, badge art, copy and fonts.
• Pass the app or anything in it off as your own.

7. Your licence to use the app

We grant you a personal, non exclusive, non transferable, revocable licence to install and use the app on devices you own or control, for your own personal, non commercial use. Features that require Nut Pro are licensed to you for as long as your plan is active, or for good if you bought Lifetime.

We keep every other right. The app, its name, the mascots Buster and Hazel, the badge and rank art, the written copy and the design are ours or are licensed to us. The fonts are licensed from their foundries and are not sublicensed to you.

The app’s source may be published. Where it is, the licence in the repository governs the code. This section governs your use of the published app and its brand assets.

8. Price and subscriptions

From version 1.0 the app is paid. After onboarding you choose a Nut Pro plan to continue. There is no free tier.

Prices vary by country and by store, and the store shows you the exact price, in your currency and including any tax it collects, before you pay.

• Everything is bought through the App Store or Google Play. Apple or Google takes the payment, and their terms and refund rules apply, not ours. We cannot issue a refund for a store purchase ourselves.
• Monthly and Yearly renew automatically until you cancel. A free trial turns into a paid subscription unless you cancel at least 24 hours before it ends.
• Lifetime is a single payment with no trial and no renewal.
• Cosmetic packs change how the app looks. They never contain features.
• No ads, on any tier, and there never will be.
• Export and deletion are never behind the paywall. See section 5.

The full rules on trials, renewal, cancellation, refunds, restoring purchases and your statutory rights are in the subscription terms, which are part of these terms.

9. Using the website

The website tells you about the app and publishes articles. When you use it:

• Articles are general information. They are written with care but they are not medical, psychological or legal advice, they are not tailored to you, and they may be out of date by the time you read them. See the disclaimer.
• Links to other websites are there for convenience. We do not control those sites, we are not responsible for their content or their privacy practices, and a link is not an endorsement.
• Our content is ours. The text, articles, images, mascots, logos and design of the website are owned by us or licensed to us. You may read them, link to them and share a link to an article. You may not copy, republish or sell them, or use them to train or build a competing product, without our written permission, except as the law allows (for example a short quotation with credit).
• Do not misuse it. Do not attack, probe, overload or scrape the website, or try to get around its security.
• Cookies. The website asks for your consent before loading analytics. See the cookie policy.

We may change, suspend or remove any part of the website at any time.

10. Changes to the app and to these terms

We will keep improving the app, which means features change and occasionally go away. Two things will not change: exporting your data and deleting it stay available to you whatever your subscription status, and there will be no ads.

If we change these terms in a way that matters, we will tell you in the app before it takes effect and update the date at the top. Continuing to use the app after that means you accept the change. If you do not, stop using the app and cancel any subscription in your store settings. Nothing happens to your data when you stop agreeing, because we never had it.

A change to prices or to what a subscription includes is handled as the subscription terms describe, and the store will tell you about a price change before it applies to you.

11. Ending it

You can stop at any time by deleting the app. Wipe your data first if you want it gone from the device too. Deleting the app does not cancel a subscription: cancel it in your App Store or Google Play settings.

We can suspend or end your licence to use the app if you materially breach these terms, in particular section 2 (age) or section 6 (acceptable use). In a version with no account there is limited practical effect, and the honest statement is that until accounts exist the main enforcement is that you are in breach and not permitted to continue. [CONFIRM] whether ending a licence for breach should say anything about refunds of the remaining subscription period, which the stores control.

Sections 4, 5, 9, 12, 13, 14 and 15 survive the end of this agreement.

12. Disclaimer of warranties

The app and the website are provided “as is” and “as available”, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non infringement, accuracy or uninterrupted availability, to the fullest extent the law allows.

We do not warrant that the app will be free of errors, that a statistic it shows is correct, that an article is complete or current, or that your data will survive a device failure, an operating system update or a restore.

Some jurisdictions do not allow the exclusion of implied warranties. Where that is the case, the exclusions above apply only as far as that law permits, and you may have rights that these terms do not affect. Nothing here limits your statutory consumer rights, including your rights for digital content that is faulty or not as described.

13. Limitation of liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, loss of profits, loss of goodwill, emotional distress, or loss of privacy arising from your use of or inability to use the app or the website, whether the claim is in contract, tort, negligence or anything else, and whether or not we were warned the loss was possible.

Where liability cannot be excluded, our total liability to you for all claims is limited to the greater of the amount you paid for the app and any in app purchases in the 12 months before the claim, or [CONFIRM] twenty five United States dollars, subject to Dima confirming the cap with counsel.

We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

14. Indemnity

You agree to indemnify us against any claim, loss or cost arising from your use of the app or the website in breach of section 2, section 6 or the acceptable use policy, or from your violation of someone else’s rights. [CONFIRM] with counsel whether this clause should apply to consumers in the EU and the UK, where it may be unenforceable.

15. Governing law and disputes

[CONFIRM] Dima to confirm all of this with counsel before publication. It is drafted on the assumption that Kallos Labs LLC is a United States limited liability company.

These terms are governed by the laws of the State of [CONFIRM] (for example Delaware or Wyoming, wherever Kallos Labs LLC is organised), without regard to its conflict of laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in [CONFIRM] county and state.

If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction whose law gives you the protection of your local courts and mandatory consumer law, nothing in this section deprives you of that protection, and you may bring proceedings where you live.

[CONFIRM] whether to include an arbitration clause and a class action waiver. Recommendation: do not, for a consumer app at this price. The cost of running arbitration outweighs the risk it removes, several jurisdictions will not enforce it against a consumer, and it reads badly for a product whose pitch is that it respects you.

16. Odds and ends

• Entire agreement. These terms, together with the documents listed in section 1, are the whole agreement between us about the app and the website.
• Severability. If a court finds part of these terms unenforceable, the rest still applies.
• No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.
• Assignment. You may not transfer your rights under these terms. We may transfer ours to a successor in a merger or a sale, subject to the privacy policy.
• Apple and Google. Apple Inc. and Google LLC are not parties to these terms and are not responsible for the app. Apple is a third party beneficiary of these terms as they apply to an App Store download, and may enforce them against you as such. Support is ours, not theirs: email support@thenuttracker.com. Payments, billing and store refunds are theirs, not ours. [CONFIRM] whether to set these terms as the custom licence agreement in App Store Connect or to rely on Apple’s standard licensed application end user licence agreement, and to link whichever is used from the app’s description, which Apple requires for subscription apps.
• Language. These terms are written in English. A translation is provided for convenience and the English version governs.

17. Contact

support@thenuttracker.com

Kallos Labs LLC [CONFIRM] registered address

We aim to answer within 48 hours.