Terms of Use & End User License Agreement (EULA) — Fjara
1. Provider & provider identification
The provider and sole party responsible for the app “Fjara” is: Andreas Putzinger, Austria, e-mail: feedback@fjara.app. The full registered address and the information required by § 5 ECG and §§ 24, 25 MedienG (Austria) can be found in the Imprint / Legal Notice. A VAT identification number, if any, will be added in the event of commercial distribution.
2. Scope & contractual relationship
2.1 These terms govern the use of the app “Fjara” on iPhone and, in the future, possibly on further Apple devices (e.g. Apple Watch).
2.2 This contract is concluded exclusively between you and the provider — not with Apple. Apple is not a party to this contract; the provider alone is responsible for the app and its content.
2.3 In addition, the Apple App Store usage rules (“Apple Usage Rules”, part of the Apple Media Services Terms) apply, and, subsidiarily, Apple's standard Licensed Application End User License Agreement (apple.com/legal/internet-services/itunes/). Mandatory Apple provisions and mandatory consumer law take precedence over these terms.
2.4 A “consumer” is any natural person who concludes the contract for purposes that are predominantly outside their trade, business, or profession.
3. Description of services
3.1 Fjara is a digital self-observation companion for people who want to live sober or change their substance use (including a progress view, notes, milestones, and haptically guided “urge surfing” sessions). A free basic package is open to all users; in addition, there is an optional paid Plus membership (section 8).
3.2 Local-first commitment: The app works without an account, without tracking, without advertising IDs, and without any servers operated by the provider. Details are set out in the Privacy Policy.
3.3 “As is”: The app is provided in the form respectively offered (“as is”, to the extent legally permissible). There is no entitlement to any particular future functions, content, or further developments (including announced but not yet released platforms such as an Apple Watch app). The provider may change or remove content and features at any time, including per platform or region (section 16).
4. License grant
4.1 The provider grants you a non-exclusive, personal, non-transferable, and non-sublicensable right to use the app on the Apple devices connected to your Apple ID, exclusively for private, non-commercial purposes and to the extent of the Apple Usage Rules.
4.2 Where offered, Universal Purchase and Family Sharing apply according to Apple's respective rules.
4.3 The license ends automatically when your lawful ability to use the app ends.
5. Permitted & prohibited use
5.1 You may use the app as intended for your own private purposes.
5.2 Unless mandatorily permitted by law, you may not copy, rent, lend, sell, redistribute, or make the app publicly available; modify, decompile, disassemble, or reverse engineer it; circumvent protection or licensing mechanisms; or incorporate the app into other products or create derivative works.
5.3 Acts mandatorily permitted by law (e.g. for interoperability or error correction, §§ 40d et seq. Austrian Copyright Act) remain unaffected.
6. Ownership & intellectual property
The app, including its code, design, texts, graphics, logos, and the name “Fjara”, remains the property of the provider or his licensors. Only the usage rights set out in section 4 are granted. All rights not expressly granted remain with the provider.
7. Apple mandatory minimum terms
7.1 Parties: This contract exists exclusively between you and the provider, not with Apple.
7.2 Maintenance & support: The provider alone is responsible for maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services.
7.3 Warranty: Apple provides no warranty for the app. In the event of non-conformity, you may notify Apple, and Apple will, where applicable, refund any purchase price you paid. Any further warranty claims are directed exclusively against the provider.
7.4 Claims: The provider — not Apple — is responsible for claims relating to the app, in particular (a) product liability claims, (b) claims arising from failure to conform to legal or regulatory requirements, and (c) claims under consumer protection or data protection law.
7.5 Third-party IP: In the event of a third-party claim that the app infringes intellectual property rights, the provider alone is responsible for the investigation, defense, settlement, and discharge of such claim.
7.6 Export/US sanctions: You represent that you are not located in a country subject to a US government embargo or designated as “terrorist supporting”, and that you are not listed on any US government list of prohibited or restricted parties.
7.7 You must comply with applicable third-party terms (e.g. your mobile or internet contract).
7.8 Third-party beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
8. Purchases, billing & refunds (exclusively via Apple)
8.1 The optional Plus membership is processed exclusively via the Apple App Store (in-app purchase). The provider can neither collect payments nor issue refunds itself and has no access to your payment data.
8.2 The only authoritative price is the one shown in the App Store purchase dialog, in the currency and for the period stated there. Statements outside the purchase dialog (for instance on this website) are non-binding and subject to change; this website deliberately states no prices.
8.3 Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Any free trial lapses (pro rata) upon purchase.
8.4 Management and cancellation take place in your Apple ID settings. You can re-activate previous purchases via “Restore Purchases”.
8.5 Refunds are handled exclusively by Apple (reportaproblem.apple.com). Mandatory consumer claims against the provider remain unaffected.
9. Right of withdrawal for digital content
For digital content, the right of withdrawal expires if you have given your express consent to performance beginning before expiry of the withdrawal period and have acknowledged that you thereby lose your right of withdrawal (§ 18 para. 1 no. 11 FAGG; Art. 16 Consumer Rights Directive). By immediately accessing the Plus features, you consent to immediate provision.
10. Discontinuation of the service & “Lifetime”
10.1 The provider may discontinue the app in whole or in part for economic, technical, or legal reasons.
10.2 Where a “Lifetime” option is offered, “Lifetime” refers to the lifespan of the product, not to a guaranteed, indefinite period of operation, and is not an assurance of perpetual operation.
10.3 In the event of discontinuation, there is — to the extent legally permissible — no entitlement to continued operation, replacement, refund, or damages. Mandatory update and provision obligations (Austrian VGG; Directive (EU) 2019/770) and liability for intent, gross negligence, and injury to life, body, or health remain unaffected.
11. Health & emergency notice (not a medical device)
Fjara is not a medical device. The app does not serve the diagnosis, treatment, alleviation, cure, or prevention of any disease — including substance use disorders — and provides no medical, psychological, or therapeutic advice.
Fjara is not a substitute for therapy, withdrawal treatment, or professional addiction care. The app promises no outcome, in particular no abstinence and no sobriety; it merely accompanies you in your self-observation.
11.1 Abrupt withdrawal — in particular from alcohol or benzodiazepines — can be medically dangerous and, in individual cases, life-threatening. Seek medical advice before changing or stopping your consumption.
11.2 You remain solely responsible for your decisions and your relationship with substances. The app makes no decisions for you and is not capable of detecting emergencies or summoning help.
11.3 In acute crises or where life or limb is at risk: Immediately call emergency services (144 in Austria, 112 across Europe, or your local emergency number), a crisis helpline (142 in Austria), or contact an addiction counselling service near you.
12. Availability & warranty
12.1 To the extent legally permissible, there is no guarantee of uninterrupted or error-free availability, of the freedom from defects of the app, or of the achievement of any particular personal goal (in particular not of abstinence or sobriety). The app is provided “as is” to the extent legally permissible.
12.2 Mandatory warranty and update rights of consumers (in particular under the Austrian VGG) remain unaffected.
13. Liability
13.1 The provider is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body, or health, under the Austrian Product Liability Act, and in other cases of mandatory statutory liability.
13.2 In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for this type of contract.
13.3 In all other respects, liability for slight negligence is excluded to the extent legally permissible.
13.4 The above limitations apply only to the extent permissible under mandatory consumer law; they do not entail any reversal of the burden of proof to your detriment.
14. Severability
Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected. Vis-à-vis consumers, the statutory provision takes the place of the invalid provision; a validity-preserving reduction to the detriment of consumers does not take place.
15. Governing law & dispute resolution
15.1 Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.
15.2 If, as a consumer, you have your habitual residence in another state, the mandatory protective provisions of that state remain available to you (Art. 6 Rome I Regulation).
15.3 Actions by the provider against consumers may only be brought at the consumer's place of residence. For non-consumers, the place of jurisdiction is the provider's seat.
15.4 The EU platform for online dispute resolution (ODR) was discontinued on 20 July 2025. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
16. Changes to content & features
The provider may change, expand, or discontinue content, features, and availability of the app at any time and without stating reasons, to the extent legally permissible. There is no entitlement to the continued existence of individual features, platforms, or regions. For paid features, the provider maintains what is necessary for use in conformity with the contract; mandatory rights remain unaffected.
17. Indemnification
You indemnify the provider against justified third-party claims based on your unlawful use of the app or your culpable breach of this contract. This expressly does not apply to intended private use, is limited to your own fault, and leaves mandatory consumer law unaffected.
18. Miscellaneous
18.1 Force majeure: The provider is not liable for performance failures caused by force majeure, including outages of Apple's infrastructure.
18.2 Assignment: The provider may assign rights and obligations under this contract provided your rights remain unaffected; you require the provider's consent for an assignment.
18.3 Entire agreement: These terms, together with the Apple Usage Rules and the Privacy Policy, constitute the entire agreement.
18.4 No waiver: Failure to exercise a right does not constitute a waiver of it.
18.5 Feedback: The provider may use voluntarily submitted suggestions and feedback without restriction and free of charge.
19. Minimum age
The App Store minimum age applicable in your country applies; the app's content is aimed at adults. Minors may use the app only with the consent of their legal guardians, who accept these terms on their behalf.
20. Changes to these terms
The provider may amend these terms with effect for the future; for ongoing subscriptions, at the earliest from the next renewal period. Material changes will be made recognisable. The current version can be found in the app under Settings → Legal & Privacy and on this website. Continued use after the changes take effect constitutes acceptance, to the extent legally permissible.
21. Contact
Andreas Putzinger · feedback@fjara.app · full details in the Imprint / Legal Notice.