sMoment Terms of Service

Clear, simple terms for your mindful moments. Your rights, privacy, and responsibilities explained in plain language.

Last updated: February 7, 2026

1. Introduction and Acceptance

In short: By using sMoment, you agree to these terms. The app works fully offline with no account required. All core features are free. sMoment Pro is an optional one-time lifetime purchase that unlocks additional breathing techniques, extended history, and custom durations.

Welcome to sMoment ("we," "our," or "the App"). These Terms of Service ("Terms") govern your use of the sMoment mobile application and related services (collectively, the "Service"). By downloading, installing, or using sMoment, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

These Terms constitute a legally binding agreement between you and:

Anthony Eli Rasch - sapplify
PO Box 004
91501 Nové Mesto nad Váhom
Slovakia

We may update these Terms from time to time. Continued use of the App after changes constitutes acceptance of the updated Terms. We will notify you of material changes through the App or other appropriate means.

2. Description of Service

sMoment is a privacy-focused mindfulness and breathing application designed to help users:

Practice guided breathing exercises with multiple techniques
Write journal entries with mood tracking and reflection prompts
Track breathing sessions and mindfulness progress
Listen to ambient soundscapes during sessions
Export data in JSON, TXT, or PDF format
Use stealth mode for discreet mindfulness practice

2.1 Local-First Architecture

sMoment operates entirely on your device with local data storage. Your journal entries, breathing sessions, and settings do not leave your device unless you explicitly export them or submit feedback.

2.2 Optional Feedback Feature

sMoment includes an optional feedback feature that, when you choose to use it, sends your feedback message along with basic device information to our server at api.sapplify.com. This is the only feature that transmits data from your device.

2.3 What sMoment Is NOT

sMoment is a personal mindfulness and wellness tool and is NOT:

A medical device or therapeutic tool
A substitute for professional mental health care
A diagnostic tool for any medical condition
An emergency or crisis intervention service
A meditation certification program

3. User Eligibility

3.1 Age Requirements

To use sMoment, you must be at least 13 years old. In some EU member states, the minimum age for consenting to data processing may be higher (up to 16 years) in accordance with local law under GDPR Article 8.

Since sMoment does not require an account and stores all data locally, we cannot verify user age. Parents and guardians are responsible for monitoring their children's use of the App.

3.2 No Account Required

sMoment does not require account registration. All features are available without providing any personal information. The only personal information we may receive is what you voluntarily include when submitting feedback.

4. Privacy and Data Storage

4.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

4.2 Local Data Storage

All your mindfulness data is stored locally on your device using:

SQLite Database: For journal entries, breathing sessions, and purchase status
Shared Preferences: For app settings such as theme, notifications, sound, and session preferences

This local storage is strictly necessary for providing the mindfulness service you requested.

4.3 Feedback Data

If you choose to submit feedback, the following is sent to our server over an encrypted HTTPS connection:

Your feedback message and type (bug report, feature request, or general)
App version, device model, operating system version, and locale
Your email address (only if you voluntarily provide it)

4.4 Your Data Rights

You retain full ownership of your mindfulness data. You may:

Export your data at any time in JSON, TXT, or PDF format
Import data from JSON backups or CSV files
Delete individual entries or all data through the Data Control screen
Use the app without providing any personal information

5. Health & Wellness Disclaimer

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

5.1 Not Medical Advice

sMoment is a general wellness and mindfulness tool. The App does NOT provide:

Medical advice or diagnosis
Mental health treatment or therapy
Crisis intervention or emergency services
Professional psychological counseling
Treatment for any medical or psychological condition

Any breathing techniques, journal prompts, or mindfulness exercises provided by sMoment are for general wellness purposes only and should not be construed as medical or therapeutic advice.

5.2 Consult Professionals

For mental health concerns, medical conditions, or if you are in crisis, you should contact:

Your doctor or healthcare provider
A licensed mental health professional
Emergency services (call your local emergency number)
A crisis helpline in your country

5.3 Breathing Exercise Safety

Some breathing techniques may not be suitable for everyone. You should consult a healthcare provider before using breathing exercises if you:

Have a respiratory condition (e.g., asthma, COPD)
Have a cardiovascular condition
Are pregnant
Have a history of panic attacks or anxiety disorders
Experience dizziness, lightheadedness, or discomfort during exercises

Stop any exercise immediately if you feel unwell and seek medical attention if symptoms persist.

5.4 No Health Responsibility

We are not responsible for any health consequences resulting from the use of this app, including but not limited to any effects from breathing exercises, meditation practices, or reliance on the app as a wellness tool.

6. Purchases and Payments

6.1 Free Features

sMoment offers a free version with core mindfulness functionality:

Basic breathing techniques (Box Breathing, 4-7-8 Relaxation)
Journal entries with mood tracking
Ambient soundscapes
Stealth mode
Mindfulness reminders
7-day session history
Data export (JSON, TXT, PDF)
Full offline functionality

6.2 Pro Features (One-Time Lifetime Purchase)

The following features are available through a one-time Pro purchase:

Additional Breathing Techniques: Sleep Breathing, Coherent Breathing, Humming Breath (Bhramari), and more
Extended History: Access up to 10 years of journal and session history (vs. 7 days for free users)
Custom Session Durations: Set your own session lengths

Pro is a lifetime purchase that does not expire or require renewal.

6.3 Payment Processing

All payments are processed through:

Apple App Store for iOS users
Google Play Store for Android users
Huawei AppGallery for Huawei device users

We do not collect, store, or process your payment information directly. All billing is handled by Apple, Google, or Huawei according to their respective terms.

6.4 Purchase Restoration

If you reinstall sMoment or switch devices, you can restore your Pro purchase through the respective app store. A purchase token is stored locally on your device for verification purposes.

6.5 Refunds

Refund requests are handled by Apple, Google, or Huawei according to their refund policies. We do not process refunds directly. Contact the respective store's support for refund inquiries.

6.6 Price Changes

We may change the Pro purchase price at any time. Price changes do not affect purchases already made.

7. Stealth Mode Features

sMoment includes a Stealth Mode feature that allows you to practice mindfulness discreetly.

7.1 What Stealth Mode Does

Disguises breathing exercises as realistic phone call or messaging screens
Allows private mindfulness practice in public or workplace settings
Helps users who may face stigma around mental health practices

7.2 Intended Use

Stealth Mode is designed to:

Reduce stigma around mindfulness and mental wellness
Enable practice in environments where wellness apps might be questioned
Provide privacy for your personal wellness journey

7.3 User Responsibility

You agree to use Stealth Mode responsibly:

Do not use it to deceive others in harmful ways
Do not use it in situations where phone use is prohibited or dangerous (e.g., while driving)
You are responsible for appropriate use in your workplace or environment

7.4 No Deception Liability

We are not responsible for any consequences arising from your use of Stealth Mode features, including any misunderstandings or issues that may arise from others believing you are on a phone call or reading messages.

8. Intellectual Property

8.1 Our Intellectual Property

The App, including its code, design, graphics, animations, soundscapes, breathing technique implementations, stealth mode interfaces, and content, is owned by sapplify and protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, modify, or distribute the App
Reverse engineer, decompile, or disassemble the App
Remove any copyright or proprietary notices
Use our trademarks without permission
Extract or reuse the soundscapes, animations, or other creative assets

8.2 Your Content

You retain full ownership of the data you enter into sMoment, including journal entries, mood reflections, and any text you write. We do not claim any intellectual property rights over your data.

8.3 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

8.4 Feedback

If you provide feedback, suggestions, or ideas about the App (e.g., through the in-app feedback feature), you grant us a perpetual, royalty-free license to use and incorporate such feedback without obligation to you.

9. Prohibited Uses

You agree NOT to use sMoment to:

Violate any applicable laws or regulations
Infringe on the rights of others
Attempt to gain unauthorized access to our systems (e.g., the feedback API)
Interfere with or disrupt the Service
Use automated systems to access the Service without permission
Resell, redistribute, or commercially exploit the Service
Use the App in any way that could damage our reputation
Use Stealth Mode features to deceive others in harmful or illegal ways
Misrepresent the App as a medical device or therapeutic tool

Violation of these prohibitions may result in termination of your license to use the App.

10. User Responsibilities

10.1 Health and Safety

You are responsible for:

Consulting a healthcare provider if you have medical conditions that may be affected by breathing exercises
Stopping any exercise immediately if you feel unwell
Not relying on the App as a substitute for professional medical or mental health care
Using Stealth Mode safely and responsibly

10.2 Data Backup

We strongly recommend:

Regularly exporting your data as a backup via the Data Control screen
Keeping exported backups in a secure location
Exporting your data before uninstalling the App, as uninstalling permanently deletes all local data

Since all data is stored locally on your device, maintaining backups is your responsibility.

10.3 Device Security

You are responsible for securing the device on which sMoment is installed:

Use a PIN, password, pattern, or biometric lock on your device
Keep your operating system and apps updated
Be mindful when sharing exported backup files, as they contain all your data

10.4 Lawful Use

You agree to use sMoment only for lawful purposes and in accordance with these Terms.

11. Updates and Modifications

11.1 App Updates

We may release updates to:

Fix bugs and improve stability
Add new breathing techniques or features
Improve performance and animations
Address security issues
Ensure compatibility with new operating system versions

Some updates may require changes to locally stored data structures. We will migrate your data automatically when possible.

11.2 Terms Updates

We may modify these Terms at any time. Changes will be effective when posted. We will notify you of material changes through:

In-app notifications
Update to the "Last updated" date
App store update descriptions

Continued use after changes constitutes acceptance.

11.3 Feature Changes

We reserve the right to:

Add, modify, or remove features
Change the user interface
Update pricing for new purchases
Add or remove breathing techniques

Existing Pro purchasers will retain their Pro features permanently. Specific implementations may evolve over time.

11.4 Service Availability

Since sMoment works entirely offline, the App remains fully functional without an internet connection. The feedback feature and purchase verification require internet access and may be temporarily unavailable due to server maintenance or network issues.

12. Disclaimers

12.1 "As Is" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12.2 No Warranty

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF BREATHING TIMINGS OR TECHNIQUES
UNINTERRUPTED OR ERROR-FREE SERVICE
HEALTH OR WELLNESS OUTCOMES

12.3 Third-Party Services

We are not responsible for:

Apple App Store, Google Play Store, or Huawei AppGallery policies or availability
Third-party operating system bugs or issues
Internet connectivity issues affecting feedback submission or purchases

You acknowledge that Apple, Google, and Huawei have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

12.4 Data Loss

While we take reasonable precautions, we cannot guarantee against data loss. Since all data is stored locally on your device, data loss may occur due to device failure, accidental deletion, or app uninstallation. You are responsible for maintaining backups of your data.

12.5 App Store Provisions

The following provisions apply to the extent you downloaded the App from the Apple App Store, Google Play Store, or Huawei AppGallery:

Third-Party Beneficiary: Apple Inc., Google LLC, and Huawei Technologies Co., Ltd. are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, they shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Product Claims: sapplify, not Apple, Google, or Huawei, is solely responsible for the App and its content. Any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation, are the sole responsibility of sapplify.
Intellectual Property Claims: In the event of any third-party claim that the App or your use of the App infringes a third party's intellectual property rights, sapplify, not Apple, Google, or Huawei, shall be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAPPLIFY, ITS DEVELOPER, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of data or data corruption
Health consequences from using breathing exercises or mindfulness features
Consequences arising from use of Stealth Mode features
Costs of substitute services

This applies regardless of the theory of liability (contract, tort, or otherwise).

13.2 Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

The amount you paid us in the 12 months preceding the claim, or
€50 (fifty euros)

13.3 Essential Purpose

These limitations apply even if any remedy fails of its essential purpose.

13.4 Consumer Rights

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law. This does not affect your mandatory consumer protection rights under EU law.

14. Indemnification

You agree to indemnify, defend, and hold harmless sapplify, its developer, affiliates, and service providers from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Health decisions you make based on your use of the App
Your use of Stealth Mode features
Your negligence or misconduct

We reserve the right to assume exclusive defense of any matter subject to indemnification by you, at your expense.

15. Termination

15.1 Termination by You

You may stop using sMoment at any time by uninstalling the App from your device. We recommend exporting your data before uninstalling, as this permanently removes all local data.

15.2 Termination by Us

We may terminate your license to use the App:

For violation of these Terms
For suspected fraudulent or illegal activity
If required by law or valid legal process
If we discontinue the App (with reasonable notice)

15.3 Effect of Termination

Upon termination:

Your license to use the App ends
You should export any data you wish to keep before removing the App
Local data remains on your device unless you uninstall the App
Pro purchase status is tied to your app store account and may be restorable if you reinstall

15.4 Survival

Sections that by their nature should survive termination will survive, including: Intellectual Property, Health & Wellness Disclaimer, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and sapplify regarding the Service.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except for Apple Inc., Google LLC, and Huawei Technologies Co., Ltd. as set forth in Section 12.5 (App Store Provisions).

16.6 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.7 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

17. Governing Law and Disputes

17.1 Governing Law

These Terms are governed by the laws of the Slovak Republic, without regard to conflict of law principles. This does not affect your mandatory consumer protection rights under EU law, which may provide additional protections regardless of the governing law.

17.2 Jurisdiction

For users in the European Union, any disputes shall be subject to the jurisdiction of the courts in Slovakia, unless mandatory consumer protection laws in your country of residence provide otherwise.

17.3 Dispute Resolution

Before initiating any formal dispute, you agree to contact us first at contact@sapplify.com to attempt to resolve the issue informally. We will work with you in good faith to reach a fair resolution.

17.4 EU Online Dispute Resolution

If you are a consumer in the EU, you may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

17.5 Supervisory Authority

For data protection matters, you may lodge a complaint with your local data protection supervisory authority. Our lead supervisory authority is:

Úrad na ochranu osobných údajov Slovenskej republiky
Hraničná 12, 820 07 Bratislava 27
Slovakia
Website: dataprotection.gov.sk

18. Contact Information

If you have questions, concerns, or complaints about these Terms or the Service, please contact us: