SmartCrunch

Legal

Terms of Use (EULA)

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This document, together with everything it points at, is the contract (the “Terms”; with those referenced documents, the “Agreement”) under which you (“you”) may use SmartCrunch, the iOS application, along with all of its features, updates and content (the “App”). The party on the other side is Aleksandr Kolesnikov of Dimitri Nikolaou 7, Limassol, Cyprus, 4006 (“we”, “us”, “our”).

SmartCrunch does one thing: it takes you to a goal weight by way of what you eat. You log food, the App keeps a calorie and macronutrient budget for the day, it learns what your real maintenance level looks like from your own diary and your own weight curve, and it shows you where the two are heading. All of that arithmetic is done by the App’s own deterministic engines on your iPhone. A paid tier adds a generative AI model that guesses what a meal was from a photograph or a sentence, and that drafts a plan for the rest of the day’s budget. The AI never changes a computed number — see section 5.

SmartCrunch is not a medical device, and nothing it says to you is medical advice. Before you let anything in the App influence what you eat, please go through section 11 below and, end to end, the Health and Safety Disclaimer.

Table of contents#

  1. Acceptance of these Terms
  2. Who may use SmartCrunch
  3. Licence to use the App
  4. Restrictions: what you may not do
  5. What is free and what is paid
  6. SmartCrunch Pro subscription and payment
  7. Fair use of the AI features and the daily limit
  8. Our intellectual property
  9. Your content and the licence you give us
  10. Third-party services
  11. Health and safety
  12. Disclaimer of warranties
  13. Limitation of liability
  14. Termination
  15. EU/EEA and UK consumers: right of withdrawal
  16. Governing law and jurisdiction
  17. Dispute resolution
  18. Changes to these Terms
  19. Apple as a third-party beneficiary
  20. Miscellaneous
  21. Contact us

1. Acceptance of these Terms#

1.1. Installing the App, opening it, or continuing to use it means you have read this Agreement and accept it. If any part of it is not acceptable to you, please do not install the App, and remove it from your devices if you already have.

1.2. Subscribing to SmartCrunch Pro means you additionally accept section 6, which carries the billing, renewal and cancellation facts Apple requires us to state plainly.

1.3. What we do with your personal data is set out in the Privacy Policy, which is part of this Agreement. The Health and Safety Disclaimer is part of it too.

1.4. There is no SmartCrunch account. You do not register with us, we issue you no credentials, and we hold no profile of you on a server that you could log into. Your diary lives on your iPhone; your entitlement to the paid tier is resolved from the Apple ID that bought it. Everything this Agreement says about “your data” should be read in that light.

2. Who may use SmartCrunch#

2.1. You must be 16 or older. Where the law of your country of residence requires a greater age to enter a binding contract, or to consent to the processing of health data, that greater age applies to you instead of 16.

2.2. The App is built for adults managing their own body weight. It counts calories and shows a daily deficit, and those are not neutral numbers for everyone. If you are between 16 and 18, please read section 4 of the Health and Safety Disclaimer and speak to a parent, a guardian or a healthcare professional first.

2.3. You must be legally able to enter into this Agreement and must not be barred from using the App by any law that applies to you.

2.4. The App is for your own use. Do not log another person’s food, weight or health data in it unless that person knows and agrees, and never do so for someone who cannot give that agreement.

2.5. You are responsible for the Apple ID that installs the App and for what happens on the devices signed in to it.

3. Licence to use the App#

3.1. As long as you keep to this Agreement, we give you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to install and run the App for your own private, non-commercial purposes, on Apple-branded hardware you own or control, within the Usage Rules of the Apple Media Services Terms and Conditions.

3.2. You are licensing the App, not buying it. Every right in the App, its engines, its interface and its content stays with us and our licensors. Nothing beyond the permission written in 3.1 passes to you, by implication or otherwise.

3.3. The licence covers whatever version of the App is made available to you at a given moment, updates included. We are not required to publish updates, and we may add, alter or withdraw features. If withdrawing one materially cuts into a period you have already paid for, section 14.4 says what you are owed.

3.4. Family Sharing is switched off for SmartCrunch Pro. The subscription belongs to the Apple ID that bought it and unlocks the paid features only on devices signed in to that Apple ID.

4. Restrictions: what you may not do#

You agree not to do any of the following, and not to help anyone else do it:

4.1. Take the App apart. Decompile it, disassemble it, reverse engineer it, or otherwise work backwards toward its source code, its engine formulae or the prompts it sends — except exactly so far as applicable law forbids us to stop you, including the decompilation rights EU law grants for interoperability.

4.2. Work around the paid tier or the limits. Defeat, disable or tamper with an entitlement check, the paywall, the daily AI counter or any security mechanism in the App or in the services behind it; or run the App on a modified or jailbroken system in order to obtain paid features without paying for them.

4.3. Automate or harvest. Point scripts, bots or crawlers at the App or at the services behind it, manufacture AI requests in volume, or pull data out in bulk.

4.4. Pass it on. Sell, rent, lend, sublicense, redistribute or otherwise make the App or any paid feature available to another person, with or without charge, or use it as a component of a competing product.

4.5. Copy the content. Reproduce, adapt, translate or build derivative works from the App or its text, further than mandatory law — or this Agreement — expressly permits.

4.6. Act unlawfully, or at somebody else’s expense. Use the App unlawfully, put content into it that infringes somebody’s rights, enter another person’s health data without their agreement, or degrade the App’s availability or integrity for others.

4.7. Dress the output up as expertise. Present anything the App produces — a budget, an estimate, a projected date, a line of AI text — to a third party as medical, dietetic or other professional advice.

Breaking this section is a material breach. Section 14 then comes into play: we may suspend your licence, or end it outright.

5. What is free and what is paid#

Read this section before you subscribe. It exists so that nobody pays for something they already have.

5.1. The free tier is the whole calorie tracker#

Without paying anything, and with no daily cap on any of it, you get:

  • The food diary. Add an entry by hand; scan a barcode and have the product looked up in the open food database; search that database by name; re-add something you logged recently in one tap; repeat a meal from an earlier day. Edit or delete any entry afterwards.
  • The daily budget. Your calorie target and your protein, fat and carbohydrate targets, what you have eaten against them, and what is left of the day.
  • The micronutrient view, for the entries whose source data carries micronutrient figures.
  • Your goal weight, your logged weight, its smoothed trend, and the projection of when the current rate would reach the target.
  • Adaptive maintenance — the App’s estimate of the calorie level at which your weight would hold steady, derived from your own diary and your own weight curve rather than from a population formula. This is one of the most valuable things the App computes, and it is free.
  • Apple Health, in both directions: reading what you allow it to read, and writing your logged day back as daily nutrition totals.
  • Notifications that remind you and comment on the day. On the free tier their wording is written by the App’s own engines on your device.
  • Everything you have ever logged. There is no window on your history and no older-than-N-days paywall. Your diary is your diary.

5.2. What SmartCrunch Pro adds is the AI, and only the AI#

A paid subscription unlocks exactly one thing, in two places:

  • Estimating a meal from a photograph or from a sentence. Point the camera at the plate, or type what you ate in ordinary words, and a generative AI model proposes what the dish is and roughly what is in it. You review that proposal before it is saved.
  • The daily meal plan. The same model drafts a concrete shape for the rest of the day — meals, rough timing, example foods — around the budget the App has already computed.

That is the whole difference. There is no third paid feature waiting further down this document.

5.3. Nothing in Pro changes a number#

This is a product commitment and not a turn of phrase, so it is written into the Agreement.

Every metric in the App — the maintenance estimate, the daily calorie and macronutrient budget, the energy balance, the weight trend, the projected date, the micronutrient totals — is produced by the App’s own deterministic engines, from your data, on your device. Subscribing does not make any of those numbers different, more precise, or more frequent. What the AI contributes is a guess about what the food was; once you accept that guess, the arithmetic on it is the same arithmetic the free tier does on a hand-typed entry.

The practical consequence, stated plainly: if you are content to type in what you ate, the free tier gives you the identical numbers. Pro buys you the convenience of not typing, and a suggested plan for the day.

5.4. This list may change, and how#

We may move a feature between the tiers as the App develops. If we move something out of the free tier and into Pro, or materially reduce what a paid period delivers, section 14.4 and section 18.3 apply. The features named in 5.1 are the core of the product, and we do not intend to put them behind the paywall.

6. SmartCrunch Pro subscription and payment#

This section carries the disclosures Apple requires for an auto-renewable subscription. Please read all of it before you buy.

6.1. Name, duration and content#

  • Name: SmartCrunch Pro, sold in the App Store subscription group of the same name.

  • Plans: four auto-renewable durations, all unlocking exactly the same features:

    PlanSubscription periodApp Store product identifier
    SmartCrunch Pro, 1 monthone (1) monthcom.letonguedev.smartcrunch.pro.monthly
    SmartCrunch Pro, 3 monthsthree (3) monthscom.letonguedev.smartcrunch.pro.quarterly
    SmartCrunch Pro, 6 monthssix (6) monthscom.letonguedev.smartcrunch.pro.halfyearly
    SmartCrunch Pro, 12 monthstwelve (12) monthscom.letonguedev.smartcrunch.pro.yearly

  • What you get: for the whole of each paid period, the features listed in section 5.2, subject to the daily limit in section 7. A longer plan does not unlock more features and does not raise the daily limit — it is the same subscription at a lower price per month.

6.2. Price#

The price that binds you is the one Apple shows on the purchase sheet, in your own currency, before you confirm. You cannot be charged without seeing it there first.

For orientation only, the ladder configured for the United States storefront on the date at the top of this page is $9.99 for one month, $24.99 for three months, $34.99 for six months and $49.99 for twelve months. Prices are set per App Store region, so yours may differ, and they may change over time — which is precisely why the App Store screen, and not this document, is the authority.

6.3. There is no trial, and no introductory offer#

We want this to be impossible to misread, because it is the opposite of what a subscription app usually offers.

  • None of the four plans carries an introductory offer. No opening days at no charge, no reduced first period, no promotional rate. You are charged the full price of the plan at the moment you confirm the purchase, and the paid period starts then.
  • Nothing in the App, on our website or in the App Store listing offers you a period at no cost. If you ever see such a claim attributed to SmartCrunch, it is wrong — please tell us at [email protected].
  • You do not need to buy anything to find out whether the App suits you. Everything in section 5.1 is available from the first launch, permanently and without a daily cap. That, rather than a countdown, is how you evaluate SmartCrunch.
  • Should we ever introduce an introductory offer, it would be configured in App Store Connect and Apple would present its exact terms on the purchase sheet before you confirm. Apple decides eligibility, per subscription group and per Apple ID.

6.4. Automatic renewal#

  • SmartCrunch Pro renews by itself. At the end of each period it renews for another period of the same length unless you switch renewal off at least 24 hours before that period ends.
  • Apple charges your Apple ID for the renewal within the 24 hours before the current period ends, at the price then in force for your plan.
  • Apple notifies you ahead of a price rise and handles the renewal under its own rules for that case.

6.5. Managing and cancelling#

  • Cancelling happens on Apple’s side, inside the Apple ID that holds the subscription. On an iPhone the route is Settings → [your name] → Subscriptions; from the store it is App Store → profile picture → Subscriptions. There is a button in the App that jumps straight to that Apple screen, and that button is the full extent of our reach.
  • We are not the seller, your Apple ID is not ours to touch, and so we cannot cancel on your behalf.
  • Cancelling stops the next charge. It does not cut short the period you have already paid for: the paid features stay until that period ends, and the App then returns to the free tier described in section 5.1 — with your diary intact.
  • Deleting the App does not cancel the subscription. Cancel first, then delete.

6.6. Seller of record, refunds and billing#

  • Apple sells you the subscription. In this purchase Apple is your counterparty: seller of record, and merchant of record for the charge itself. We never see your card, and we neither receive nor store any payment detail of yours.
  • Refunds are Apple’s to give, under Apple’s policy. Ask on Apple’s Report a Problem page, or from inside the App Store. We are not able to refund an App Store purchase. None of this touches the refund or withdrawal rights mandatory consumer law hands you, which the withdrawal section below sets out.
  • Disputed charges, payment-method problems and unrecognised transactions go to Apple Support. Write to us anyway if it helps, and we will back your request as far as we can.

6.7. Restoring a purchase#

Reinstalled the App, or moved to a new iPhone? Sign in with the Apple ID that bought the subscription and use Restore purchases in the App. The entitlement is resolved from the App Store; once resolved it keeps working offline.

7. Fair use of the AI features and the daily limit#

7.1. Every AI request costs us money with our model provider, so the AI is metered per device, per calendar day. The AI features are paid features (section 5.2), which means this is a limit inside a subscription: SmartCrunch Pro is not an unmetered allowance, and we would rather say so here than let you discover it after paying.

7.2. The limit in force is:

AI featureDaily limit
Nutrition AI (food estimation from a photo or from text, and the AI meal plan — one shared counter)30 per day

One counter covers both. Photograph estimates, sentence estimates and meal plans all draw on the same 30, in whatever mix you use them.

Not currently metered: the AI wording of notification reminders, which the App generates in the background. It draws no allowance today; we may meter it later, subject to 7.6.

7.3. Only a call that succeeds counts. Nothing is deducted when a request errors, expires, or is answered instead by the App’s own deterministic text — so retrying after a failure never costs you anything.

7.4. The counter goes back to zero at midnight local to your device — whichever calendar and time zone the phone itself is set to.

7.5. The AI can be switched off outright, and you are asked before it is ever used. Consent to the AI is a separate question, put to you on the App’s first screen and answerable either way, and you can change your answer at any time in the App’s privacy settings. While it is off, no AI request leaves your device — including the background one that writes reminder wording — and every deterministic part of the App keeps working exactly as before; only the generated text disappears.

Two honest limits on withdrawing that consent. A request already in flight cannot be called back. And text the model wrote earlier, now sitting in your diary, stays where it is — that is your own record of your own days, and changing your mind about future requests is not an instruction to erase the past.

We also operate an internal control that lets us switch the AI features off across the App — for instance if our model provider goes down or changes its terms. That control can only turn the AI off. It can never turn it on for you, and it can never override your own answer.

7.6. We may revise the limit, and may slow, pause or decline requests, where that is needed to keep the service standing up — against misuse, against load we cannot carry, against scripted traffic, or against our model provider changing its terms or going away. If such a revision materially reduces what a paid period delivers, 14.4 applies.

7.7. Please do not engineer your way around the limit: not by wiping device storage, not by winding the clock, and not by spreading requests over several installations with that aim.

8. Our intellectual property#

8.1. The App, its name, its logo, its interface, its illustrations, its written copy, its database schema and — in particular — the deterministic engines that compute your maintenance level, your budget, your energy balance and your weight projection, along with the prompts and schemas that drive the AI features, are our property or our licensors’, and are protected by copyright and other laws.

8.2. This Agreement transfers none of that to you. Any right not written down here is reserved.

8.3. Third-party components in the App remain their owners’ and are used under their own licences. Product data retrieved from the open food database is governed by that database’s licence — see section 10.4.

8.4. Feedback you choose to send us — a bug report, a suggestion, a complaint about a bad estimate — may be used to improve the App with no obligation and no payment to you. You keep whatever rights you already had in it. We do not treat your feedback as confidential unless you ask us to.

9. Your content and the licence you give us#

9.1. What you put in is yours. Food entries and the photographs attached to them, the notes and dish names you type, weight readings, the goal, the targets, your body figures, your preferences (collectively, “Your Content”) — all of it is yours. None of it becomes ours, and we assert no ownership over any part of it.

9.2. So that the App can work for you, you grant us a limited, non-exclusive, worldwide, royalty-free permission to store, reproduce, transmit and process Your Content for the single purpose of running, maintaining, securing and supporting the App’s features for you. It exists for that and nothing else, and lasts only as long as that purpose does.

9.3. Meal photographs, specifically. When you use the photo estimator, the image you took is sent to our AI provider so the dish can be recognised, and a copy stays on your device beside the diary entry. That is the only reason a photograph leaves your iPhone, and it happens only when you invoke the feature yourself. The camera is never opened in the background. We do not publish your photographs, we do not show them to anyone else, and we do not use them to advertise anything.

9.4. The transmission to the AI provider is part of this permission, and only that. When you use an AI feature, the relevant parts of Your Content — the photograph or the sentence you wrote, the dish name, and the profile and budget figures the model needs in order to answer sensibly — reach Google Gemini through a small relay of our own, running on Cloudflare, whose entire job is to pass the request along; it neither keeps nor inspects what goes through it. What is sent, who receives it and what is kept is set out in the Privacy Policy.

This part of the permission operates only while your AI consent is granted (see section 7.5), and it never operates at all on the free tier, because a device without a subscription makes no AI request in the first place.

9.5. We do not sell Your Content, do not publish it, and do not use it to target advertising at you. We do not build a shareable profile of you out of it.

9.6. Your Content is your responsibility — that you are entitled to supply it, that it is as accurate as you can make it, and that nobody else’s health data ends up in it without that person knowing and agreeing.

9.7. Back up anything you would hate to lose. Your diary lives on your iPhone and inside whatever device backup you keep going; what we promise about that, and what we do not, is 12.4.

10. Third-party services#

10.1. Several of the services the App leans on belong to other people. Their accuracy, their uptime and whatever they decide to change are not ours to answer for, and anything you do with them sits under their terms, not these.

10.2. Apple Health (HealthKit). With permission you grant per data type in iOS, the App reads from Health the figures its arithmetic needs — body mass and body-fat percentage, height, energy burned, nutrition and water, date of birth and biological sex — and, where you allow it, sleep and other measurements it keeps as history. It writes back only your logged day, as one daily total each for calories, protein, carbohydrates and fat. It does not read your exercise sessions, your routes or your heart-rate series. Permission is yours to withdraw at any time in iOS Settings; features that depend on the withdrawn data will then degrade or stop. Apple controls this framework and what it exposes.

10.3. Google Gemini (generative AI). The paid features are produced by a large language model operated by Google, reached through the relay described in section 9.4, and only where you have consented. Generative models get things wrong. A model can misidentify a dish, misjudge a portion by a wide margin, miss an ingredient entirely, or write a confident sentence that is not true. Treat every AI estimate as a first draft to be corrected, not as a measurement — check it and edit it before you keep it, because once you keep it, it is what the App counts and what it writes to Apple Health. Nothing generated by the model is medical or dietetic advice.

10.4. Open Food Facts. Barcode lookups and food-database searches are served by Open Food Facts, an open, collaboratively edited database. Its records are contributed by the public and are not verified by us. A product’s figures may be incomplete, out of date, wrong, or right for a different regional recipe of the same product. Where a lookup returns nothing usable, the App tells you so and offers manual entry rather than inventing a number. Its data is used under its own licence, and its availability is not something we can promise.

10.5. PostHog. If you consent to product analytics, pseudonymous usage and crash events go to PostHog on its European infrastructure. This consent is separate from the AI consent and refusing it changes nothing about how the App computes or behaves. Details are in the Privacy Policy.

10.6. Cloudflare. Our AI relay runs on Cloudflare’s network, and this website is served from it.

10.7. Apple App Store. Distribution, purchase, billing and refunds are Apple’s, as described in section 6.

11. Health and safety#

11.1. SmartCrunch is not a medical device. It is built to diagnose nothing, treat nothing and prevent nothing, and no medicines or medical-device regulator has reviewed it, certified it, or given it any form of approval.

11.2. Calorie budgets, macronutrient targets, maintenance estimates, energy balance, weight trends, projected dates, micronutrient figures and every line of AI-generated text are informational estimates for general wellness purposes. They are computed from what you type in and from public food data, both of which carry error.

11.3. They are not medical, dietetic or other professional advice, and are no substitute for a qualified professional who can actually examine you. Talk to one before you start or substantially change how you eat — and in particular if you are pregnant or breastfeeding, live with diabetes or another metabolic, cardiac, renal or gastrointestinal condition, take medication affected by food or by body weight, have a history of disordered eating, or are helping a child or adolescent.

11.4. A calorie deficit is a real physiological intervention. The App will refuse a daily budget below a safety floor, but a floor is not a recommendation and it is not personalised to you. Losing weight faster is not better, and a number the App is willing to display is not thereby a number that is right for your body.

11.5. The App counts calories and shows you a deficit every day. For some people that is a useful instrument and for some it is actively harmful. Section 4 of the Health and Safety Disclaimer is the most important passage on this website, and we would rather you read it than subscribe.

11.6. What you eat is your decision. You take the risk of the choices you make, including choices informed by the App.

11.7. The Health and Safety Disclaimer is part of this Agreement, and should be read end to end. Anything covered by both it and this section is governed by both. Should the two ever pull in different directions, follow whichever protects your health more.

12. Disclaimer of warranties#

12.1. Subject to section 12.6, the App is supplied “as is” and “as available”, with no warranty of any kind — express, implied or statutory. That includes, without narrowing the point, any implied undertaking as to satisfactory quality, merchantability, accuracy, non-infringement, or fitness for a particular purpose.

12.2. We do not promise that the App will run uninterrupted, on time, securely or without defect; that defects will be fixed; that Apple Health, Open Food Facts or our AI provider will keep working or keep returning what they return today; or that generated text will be accurate, complete or fit for anything.

12.3. We do not promise that any budget, maintenance estimate, projection or food estimate will be accurate for you, or that using the App will produce any particular change in your weight, your body composition or your health.

12.4. We do not promise that data held in the App is safe from loss or corruption. Whatever you cannot afford to lose, keep a copy of it yourself.

12.5. Where the App reports that it does not have enough data to compute something, that message is the honest state of the App and not a defect. The App is deliberately built to withhold a figure rather than to guess one.

12.6. Nothing in this section removes or limits a warranty, guarantee or right which the law protecting you as a consumer will not allow to be removed or limited. Live in the European Union, the wider EEA or the United Kingdom, and the statutory conformity rights that attach to digital content and digital services keep applying in full. A number of jurisdictions, moreover, refuse to let implied warranties be excluded at all, so pieces of this section are simply inoperative for some readers.

13. Limitation of liability#

13.1. Except where 13.4 says otherwise, and as far as the law allows, we carry no liability for indirect, incidental, special, consequential, exemplary or punitive loss, nor for lost profit, revenue, business, goodwill or opportunity, nor for data lost or corrupted — however it arises out of the App or this Agreement, and on whatever theory.

13.2. Except where 13.4 says otherwise, and as far as the law allows, everything we could owe you over the App or this Agreement, added together, is capped at whichever is larger: (a) the money you actually paid for SmartCrunch Pro during the twelve (12) months before the event complained of, or (b) the smallest cap the applicable law will let us set.

13.3. Specifically — again except where 13.4 says otherwise — we do not answer for illness, injury, nutritional deficiency, a change in your weight, an eating disorder made worse, or other harm flowing from the decisions you take about food and body weight, decisions informed by a budget, an estimate, a projected date or a line of AI-written text included. See section 11.

13.4. The caps above do not reach any of the following, and nothing written in this Agreement should be read as cutting down our responsibility for them:

  • personal injury or death that our negligence caused;
  • fraud, and any fraudulent misrepresentation;
  • wilful misconduct, and negligence of a gross kind;
  • whatever else the law applying to you refuses to let us limit.

Consumers keep every statutory right the law gives them, whatever is written here — the EU and UK protections for digital content and digital services among them. Certain exclusions are not permitted in certain places, which means parts of this section will not bite for some readers.

14. Termination#

14.1. By you. You are free to walk away at any moment. Switch renewal off where Apple keeps it — 6.5 has the route — then remove the App from your devices. Removal on its own does neither of those things: the subscription runs on, and the period already paid for is not refunded on that account.

14.2. By us. A material breach on your side — of the restrictions especially — lets us suspend your licence or bring it to an end, and so does a demand from the law, or from Apple, that we do so. Notice goes out wherever that is practicable. Where the breach admits of a cure and the circumstances give room for one, you get a fair chance to take it.

14.3. Withdrawal of the App. The App, or some substantial piece of it, may one day be retired. Reasonable efforts will go into warning you inside the App before that happens.

14.4. If we end it, or take something away, and it is not your fault. Where we terminate your access, or withdraw the App or a paid feature, and that materially reduces what your current paid period delivers, you are entitled to a proportionate remedy for the unused part of the period you paid for, or to whatever else mandatory consumer law gives you. Because Apple is the seller, such a remedy is normally arranged through Apple; write to [email protected] and we will support the request.

14.5. What ends and what survives. The licence stops, and with it your right to run the App. Written to outlast it are the clauses on health and safety, on what we do not warrant, on how far our liability reaches, on our intellectual property, on which law applies, on how a dispute is handled, and the odds and ends gathered in 20. The permission you granted under section 9 survives too, but only so far as winding the arrangement down actually needs it.

14.6. Your diary is on your device. Deleting the App deletes the App’s local data with it, subject to whatever device backup you keep. What we hold, and for how long, is described in the Privacy Policy.

15. EU/EEA and UK consumers: right of withdrawal#

15.1. Consumers living in the European Union, the wider EEA or the United Kingdom normally get 14 days in which a distance contract for digital content or a digital service can be withdrawn from, no reason required.

15.2. How immediate access interacts with that. SmartCrunch Pro is a digital service that begins at once: the paid features unlock the moment Apple confirms the purchase. By completing the purchase and using them, you expressly ask for performance to start immediately.

While the paid period is still running, the subscription has not been performed in full — so simply beginning to use the paid features does not, on its own, cost you the right to withdraw. Withdraw inside the 14 days after part of the service has already been delivered, and you can be asked to pay for that part, pro rata to what you actually received. The rules behind that sentence are Directive 2011/83/EU, Directive (EU) 2019/770 and the national measures enacting them; in the United Kingdom, the 2013 Consumer Contracts Regulations.

15.3. How to exercise it. Apple sold you the subscription, so a withdrawal or a refund on an App Store purchase is directed at Apple, through its own Report a Problem service or from within the App Store itself, and it follows Apple’s own process. Tell us as well if you like: any plain statement to [email protected] that you are withdrawing will do, we will confirm receiving it, and we will back you up with Apple. What we cannot do is move the money.

15.4. There is nothing to cancel before being charged. Because no plan has an introductory offer (section 6.3), the charge happens at purchase, and the 14 days run from the conclusion of the contract. There is no countdown to watch and no period that converts into a payment behind your back.

15.5. This section limits none of your other statutory rights, including those that arise where a digital service does not conform to the contract.

16. Governing law and jurisdiction#

16.1. The law of the Republic of Cyprus governs this Agreement and anything arising out of it. Two sets of rules are deliberately kept out of the picture: the conflict-of-laws principles of that same jurisdiction, and the CISG — that is, the 1980 UN Convention on contracts for the international sale of goods — neither of which is to be applied to this Agreement.

16.2. Proceedings on any such dispute belong before the courts of the Republic of Cyprus.

16.3. If you are a consumer, 16.1 and 16.2 do not take away the protection of the mandatory law of the country where you habitually live, and do not remove your right to sue in that country’s courts where the applicable law gives you that right.

17. Dispute resolution#

17.1. Please write to us first. Send the problem to [email protected] with enough detail to reproduce it. Most things are settled this way, and we aim to reply within a reasonable time.

17.2. Money questions belong to Apple. A charge, a renewal, a refund: Apple handled the transaction, and Apple handles the dispute (6.6 explains why).

17.3. Consumer dispute bodies. The European Commission shut its Online Dispute Resolution platform down on 20 July 2025, so that address now leads nowhere. Inside the EU and the EEA the remaining routes are your country’s consumer-protection authority, your local European Consumer Centre (ECC-Net) office, or an approved alternative dispute resolution body with competence over the claim. In the United Kingdom: an approved ADR provider, or Citizens Advice. Unless a law obliges us, we give no undertaking to appear before a consumer arbitration board.

17.4. None of this prevents either party from asking a court for urgent interim relief, and none of it closes off the court route that 16.3 preserves for consumers.

18. Changes to these Terms#

18.1. This Agreement is revisable. The reasons would be an App that has moved on, a service underneath it that has, or a legal obligation to put something differently.

18.2. Which version binds you is settled by the last-updated date printed at the head of this page; the binding text is whatever stands at smartcrunch.org/terms/ at that moment, and nowhere else.

18.3. Material changes get advance warning. By material we mean the subscription terms, the contents of a subscription, the daily AI limit, the way Your Content is handled, or our liability. Reasonable advance notice goes out for those, in the App or on the purchase screen. And where consent is what the law demands, we ask for it instead of assuming it.

18.4. Carry on using the App once a change is live and you have accepted the revised Agreement. Not accepting it means putting the App down, and switching renewal off, before the effective date. Should a material change shrink what the period you have already paid for delivers, the remedy is 14.4.

18.5. A change never reaches backwards into a dispute that had already arisen.

19. Apple as a third-party beneficiary#

19.1. The parties to this Agreement are you and Aleksandr Kolesnikov, and nobody else. Apple is not one of them. Responsibility for the App, and for everything inside it, rests with us and not with Apple.

19.2. Apple owes you no maintenance and no support in respect of the App — none of any kind.

19.3. Should the App fall short of a warranty that applies to it, Apple is one place you may raise it, and Apple may hand back what you paid. Past that refund, and so far as the law allows, Apple owes you nothing else under any warranty for the App: every other claim, loss, liability, damage, cost or expense traceable to such a non-conformity is ours to answer for.

19.4. Claims about the App — yours, or a third party’s — are ours to deal with and not Apple’s. That covers product liability, an allegation that the App does not meet some legal or regulatory requirement, and anything brought under consumer-protection statutes or their equivalents. Where an outside party asserts that the App infringes their intellectual property, the investigation, the defence, any settlement and the discharge of that claim are likewise ours.

19.5. You confirm two things about yourself: that the country you are in is neither under a U.S. Government embargo nor labelled by the U.S. Government a “terrorist supporting” country, and that no U.S. Government roster of prohibited or restricted parties carries your name.

19.6. You acknowledge and agree that Apple, together with Apple’s subsidiaries, stands as a third-party beneficiary under this Agreement. Your acceptance of it gives Apple the right — and Apple is deemed to have accepted that right — to enforce this Agreement against you in that capacity.

20. Miscellaneous#

20.1. Entire agreement. The whole of what is agreed between you and us about the App is this document, plus the two things it takes in: the Health and Safety Disclaimer and the Privacy Policy. Nothing else forms part of it. Rights that mandatory law gives either side stand regardless.

20.2. Severability. If a provision is held invalid or unenforceable, it is narrowed to the least extent that makes it enforceable, or struck out, and the rest stands.

20.3. No waiver. Not enforcing something once is not giving it up.

20.4. Assignment. This Agreement is not yours to hand on to anybody. Ours we may transfer — to a company within the same group, or as part of a merger, an acquisition, or a sale of the business’s assets — on the condition that nothing you are entitled to under it comes out diminished.

20.5. Force majeure. Neither of us is liable for a failure to perform caused by something outside our reasonable control.

20.6. Language. This Agreement is written in English. If we publish a translation, the English text prevails in case of conflict, except where mandatory law where you live provides otherwise.

20.7. Device requirement. The App requires a supported version of iOS, stated on the App Store product page and on our support page. We are not obliged to keep supporting older releases of iOS.

21. Contact us#

Aleksandr Kolesnikov
Dimitri Nikolaou 7, Limassol, Cyprus, 4006
the Republic of Cyprus
Write to us: [email protected]

Billing, refunds and cancelling a subscription go to Apple instead; 6.6 explains why.

The rest of the paperwork: Privacy Policy · Health and Safety Disclaimer · Cookie Notice · Support