Terms of Service & EULA - luqluq

Binding Legal Agreement: PLEASE READ THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT ("TERMS") CAREFULLY BEFORE USING THE LUQLUQ MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, REGISTERING FOR, ACCESSING, OR USING THE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY ALL PROVISIONS, DISCLAIMERS, AND LIMITATIONS SET FORTH HEREIN. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY UNINSTALL AND DISCONTINUE ALL USE OF THE APPLICATION.

1. Parties and Scope of Agreement

These Terms constitute a legally binding agreement between nicaea Labs. ("Developer", "We", "Us", "Our") and the individual accessing or using the luqluq application ("User", "You"). The App is a digital lifestyle and wellness habit tracker providing hydration logging, Net Beverage Hydration Index (BHI) estimations, caffeine and sugar monitoring, push reminders, and optional multi-device cloud synchronization.

2. License Grant & Restrictions

Limited License: We grant you a revocable, non-exclusive, non-transferable, non-sublicensable, personal, and non-commercial license to download and run the App on compatible Apple iOS and Android devices owned or controlled by you.
Prohibited Conduct: You shall not:
- Decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of the App,
- Modify, adapt, translate, rent, lease, loan, resell, or create derivative works based on the App,
- Circumvent, disable, or tamper with any security, digital rights management, or authentication controls,
- Deploy automated scripts, crawlers, or scrapers, or launch denial-of-service attacks against backend infrastructure.

3. User Accounts and Credential Security

Authentication Options: You may authenticate via email and password, Sign in with Apple, Google Sign-In, or opt to use the App locally in Guest Mode without an account.
Security Obligation: You are solely responsible for safeguarding your login credentials and maintaining the confidentiality of your account. You accept full responsibility for all activities, data updates, and purchases conducted under your credentials.
Age Eligibility: You affirm that you are at least 13 years of age (or 16 where required by local data privacy regulations). Use of the App by anyone under this age is strictly prohibited.

4. Account Termination and Complete Data Erasure

You may terminate your account and irreversibly purge all personal consumption records, custom recipes, streaks, badges, and profile data at any time via Profile -> Delete Account (Hesabımı Sil) in the App.
Account deletion is immediate, complete, and permanent. Deleted records cannot be restored or retrieved from backups.

5. Critical Medical and Health Disclaimer

Vital Notice — Read Carefully Before Relying on Any App Data:

Not a Medical Device or Clinical Diagnostic: luqluq is strictly a habit-tracking and general wellness software. It is NOT a medical device, clinical decision-support system, or medical diagnostic provider.
Informational Approximations Only: All hydration targets, Net BHI scores, caffeine and sugar thresholds, nutritional breakdowns, and notifications are algorithmic mathematical approximations derived from publicly available nutritional and physiological literature (e.g., EFSA, WHO).
No Substitute for Professional Medical Advice: The App does not deliver clinical advice, diagnosis, treatment, or therapy. Fluid, electrolyte, and caffeine requirements vary drastically based on genetics, medications, organ function, ambient temperature, and clinical conditions.
Chronic Illness and Vulnerable Conditions: Individuals suffering from kidney disease, cardiac failure, hypertension, diabetes, metabolic disorders, electrolyte imbalances, or who are pregnant or nursing must consult a licensed medical physician prior to making any alterations to their fluid, sodium, or caffeine intake.
Express Disclaimer of Liability: Under no circumstances shall nicaea Labs. or its developers be held liable for:
- Dehydration, volume depletion, or water intoxication / hyponatremia resulting from excessive fluid intake,
- Caffeine-induced palpitations, arrhythmia, insomnia, anxiety, or hypertensive crises,
- Allergic reactions or metabolic shocks arising from suggested ingredients or recipes,
- Any bodily injury, adverse medical outcome, disability, or death arising from or related to reliance on the App.
USE OF THE SERVICE IS AT YOUR SOLE PERSONAL RISK.

6. Generative AI Recipe Builder Disclaimer

The AI Recipe Builder leverages third-party generative artificial intelligence (Google Gemini) to estimate beverage nutritional attributes and osmolality.
Generative AI models are subject to algorithmic hallucinations and may produce incorrect, incomplete, or distorted estimations regarding calories, caffeine, sugar, or hydration index.
Users bear sole responsibility for verifying allergen profiles, ingredient safety, toxicity, and dietary compatibility before preparing or ingesting any recipe. The Developer disclaims all liability for foodborne illness, adverse reactions, or damages resulting from AI-generated recipes.

7. Third-Party Infrastructure, Storage & "AS-IS" Disclaimer

Critical Limitation of Technical Liability:

Third-Party Infrastructure Dependence: The App relies on external cloud hosting platforms, databases, push notification bridges, and mobile application stores operated by independent third parties (including Supabase Inc., Google LLC, Apple Inc., and telecommunication networks) over which the Developer exercises no direct infrastructure control.
Possibility of Defects and Outages: Due to the inherent nature of distributed computing, software development, and mobile operating systems:
- Server downtime, data center outages, network disconnections, and maintenance windows,
- Delayed or omitted push notifications caused by OS battery optimization or background execution constraints,
- Database synchronization lag, corrupted records, or partial data loss,
- Software bugs, intermittent crashes, or service discontinuations by upstream API providers
may occur from time to time.
NO LIABILITY FOR INFRASTRUCTURE FAILURES: The Developer (nicaea Labs.) assumes NO LIABILITY whatsoever for technical malfunctions, server outages, synchronization errors, data losses, or disruptions caused by third-party hosting, infrastructure, or telecommunications providers.
"AS-IS" & "AS-AVAILABLE": To the maximum extent permitted by applicable law, the Service is provided strictly on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted uptime.
User Backup Obligation: Users are solely responsible for archiving their records by exporting periodic PDF reports via the App's built-in export utility.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. IN NO EVENT SHALL NICAEA LABS., ITS DEVELOPERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA LOSS, DEVICE DAMAGE, HEALTH ISSUES, LOSS OF GOODWILL, OR WORK STOPPAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE TOTAL AGGREGATE LIABILITY OF NICAEA LABS. UNDER THESE TERMS FOR ALL CLAIMS SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO NICAEA LABS. THROUGH THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN UNITED STATES DOLLARS ($10.00 USD).

9. Indemnification

You agree to defend, indemnify, and hold harmless nicaea Labs., its developers, officers, and contractors from and against any and all claims, liabilities, damages, losses, expenses, and reasonable attorneys' fees arising out of or related to: (a) your violation of these Terms, (b) your misuse of the App, (c) your violation of any third-party rights, or (d) any health consequence resulting from your fluid or nutrient intake decisions.

10. In-App Purchases & Subscriptions (luqluq Pro)

Premium Features: While fundamental tracking is provided free of charge, enhanced analytics, unlimited custom beverages, and extended AI recipe rights may be offered under optional paid subscription tiers (Monthly or Annual).
Payment Processing: All billing, financial transactions, and subscription collections are processed exclusively by Apple App Store (StoreKit) or Google Play Store (Google Play Billing). We never collect or store your payment card numbers.
Automatic Renewal: Subscriptions renew automatically unless cancelled at least 24 hours prior to the close of the current billing cycle via your Apple or Google account settings.
Cancellations & Refunds: Managing or cancelling an active subscription must be performed through your Apple ID or Google Play account. Refund requests are subject to the standard statutory refund policies of Apple and Google. The Developer cannot issue direct monetary refunds outside these store mechanisms.

11. Intellectual Property Rights

All copyrights, trademarks, service marks, software code, graphic designs, algorithms, and trade secrets embodied in luqluq are the exclusive property of nicaea Labs. No rights are granted to you other than the limited personal license expressly stated herein.

12. Force Majeure

nicaea Labs. shall not be held responsible or liable for any delay, performance failure, or service outage resulting from causes beyond our reasonable control, including acts of God, natural catastrophes, war, terrorism, epidemics, labor disputes, internet backbone crashes, power blackouts, governmental sanctions, or major third-party cloud outages.

13. Severability & Entire Agreement

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement between you and nicaea Labs. regarding the App.

14. Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to your use of the App shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law principles. The courts and execution offices of Istanbul (Caglayan), Turkey shall have exclusive jurisdiction over any disputes.

15. Contact Information

For legal inquiries, terms clarification, or notices, please contact:

Email: hello@nicaealabs.com
Developer: nicaea Labs.
In-App: Profile -> App Info -> Terms of Service