Legal
Terms of Use (EULA)
These Terms of Use (this “EULA” or these “Terms”) form a binding legal agreement between you and MD Shahariar Nazim Joy, an individual developer operating as a sole proprietor (the “Developer,” “we,” “us”), governing your use of the iOS application Sober: Sobriety Counter (the “App”). By downloading, installing, or using the App, you accept these Terms. If you do not accept them, do not use the App.
This EULA supplements, and where it conflicts with, is superseded by, Apple’s Standard End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/).
1. License grant
Subject to your compliance with these Terms and to your holding a valid Sober Pro purchase, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App for your personal, non-commercial purposes, on any Apple-branded iPhone or iPad that you own or control, as permitted by the Apple Media Services Terms and the Usage Rules set out in Apple’s Standard End User License Agreement.
The App is licensed, not sold, to you. The Developer and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights in its software, design, text, graphics, and branding. No rights are granted to you except those expressly stated in these Terms.
You may not, and may not permit any third party to:
- copy, modify, adapt, translate, or create derivative works of the App;
- reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent that such restriction is expressly prohibited by applicable law;
- rent, lease, lend, sell, redistribute, sublicense, or otherwise commercially exploit the App;
- remove, obscure, or alter any proprietary notice in the App; or
- circumvent, disable, or interfere with the App’s purchase, entitlement, or security mechanisms, including by using an unauthorized means to obtain Sober Pro.
2. Subscriptions, purchases, and billing
The App requires a purchase to use. There is no free tier. Sober Pro is offered as two auto-renewing subscriptions and one non-consumable lifetime purchase. All prices are stated in United States dollars and are the prices in the United States App Store storefront; the price you actually pay may differ by territory as a result of Apple’s pricing, local taxes, and currency conversion, and the price applicable to you is always the price shown to you by Apple at the point of purchase.
| Title of subscription | Length of subscription | Price | Price per unit | Renewal |
|---|---|---|---|---|
| Sober Pro Monthly | 1 month | $3.99 (US dollars) | $3.99 per month | Auto-renewing |
| Sober Pro Yearly | 1 year | $19.99 (US dollars) | $19.99 per year | Auto-renewing, with a 3-day free trial for new subscribers |
| Sober Pro Lifetime | One-time purchase (non-consumable) | $29.99 (US dollars) | $29.99 one time | Not auto-renewing |
2.1 Billing and auto-renewal
- Payment is charged to your Apple Account at confirmation of purchase.
- Auto-renewal. An auto-renewing subscription renews automatically unless it is cancelled at least 24 hours before the end of the current period.
- Renewal charge. Your account is charged for renewal within 24 hours prior to the end of the current period, at the price then in effect for the applicable subscription.
- Managing and cancelling. You can manage your subscriptions and turn off auto-renewal at any time by going to iOS Settings > Apple Account > Subscriptions, selecting Sober, and choosing to cancel. Cancellation takes effect at the end of the current paid period; you retain access to Sober Pro until then.
- Free trial. The Sober Pro Yearly subscription includes a 3-day free trial for new subscribers. If you do not cancel at least 24 hours before the trial ends, the subscription begins and your Apple Account is charged. Any unused portion of a free trial is forfeited when you purchase a subscription.
- Lifetime. Sober Pro Lifetime is a one-time, non-consumable purchase. It does not auto-renew and there is nothing to cancel. It is tied to your Apple Account and can be restored on your devices.
- Price changes. If the price of a subscription increases, Apple will notify you and, where required, obtain your consent before the increased price is charged; if you do not agree, you may cancel before the next renewal.
2.2 Restoring purchases
Your entitlement is associated with your Apple Account. If you reinstall the App or set up a new device, open the App, go to the Settings tab, and tap Restore Purchases. Ensure you are signed in with the same Apple Account used to make the original purchase.
2.3 Refunds
All purchases are made through Apple, and Apple — not the Developer — handles refunds. The Developer does not process payments, does not hold your funds, and has no technical ability to issue a refund, to reverse a charge, or to cancel a subscription on your behalf. To request a refund, use Apple’s process at reportaproblem.apple.com. Refunds are granted at Apple’s discretion in accordance with the Apple Media Services Terms and Conditions and any mandatory rights you have under the consumer law of your jurisdiction, which these Terms do not limit. Except where required by law, fees already paid are non-refundable by the Developer.
3. Acceptable use
You agree to use the App lawfully and responsibly. You agree that you will not:
- use the App for any unlawful purpose, or in violation of any applicable law or regulation;
- use the App in any way that could disable, overburden, damage, or impair it, or interfere with any other party’s use of it;
- attempt to gain unauthorized access to the App, to any Sober Pro entitlement you have not purchased, or to any system or network connected to the App;
- use the App to store or transmit any material that is unlawful, or that infringes the rights of any third party;
- use any robot, scraper, or automated means to access or interact with the App; or
- represent the App, or any output of the App, as medical advice, a clinical assessment, or a diagnosis, whether to yourself or to any other person.
You are solely responsible for the content you enter into the App, including your journal entries, and for any consequence of entering it. Because that content is stored only on your device, you are also solely responsible for backing it up; the Developer cannot recover it if it is lost.
4. Medical and health disclaimer
The App is not a medical device. It is not medical advice. It is not a treatment for alcohol use disorder. It is an informational and motivational tool that counts elapsed time and displays estimates and general educational material.
The App’s health-recovery timeline presents general educational information compiled from public health sources, including the National Institute on Alcohol Abuse and Alcoholism (NIAAA), the Centers for Disease Control and Prevention (CDC), the National Health Service (NHS), the World Health Organization (WHO), the American Heart Association, and the Substance Abuse and Mental Health Services Administration (SAMHSA). It describes what is typical in general populations. It is not a prediction, a diagnosis, or a statement about your body, your health, or your recovery. Individual outcomes vary substantially. Money-saved and calories-avoided figures are estimates derived from the values you enter and are for motivational purposes only.
Always seek the advice of a physician or another qualified healthcare professional with any question you have regarding a medical condition, your alcohol use, or a treatment decision. Never disregard professional medical advice, or delay seeking it, because of something you have read in or inferred from the App. Reliance on any information provided by the App is solely at your own risk.
Stopping alcohol abruptly can be medically dangerous
If you drink heavily, daily, or over a long period, stopping suddenly can trigger serious and potentially life-threatening withdrawal symptoms, including tremors, hallucinations, seizures, and delirium tremens. Do not treat this app as a reason or an instruction to quit abruptly without medical guidance. Consult a physician or another qualified healthcare professional before you stop or substantially reduce your alcohol intake, so that your risk can be assessed and your withdrawal medically supervised if necessary.
If you need help right now
- SAMHSA National Helpline (United States): 1-800-662-4357 — a free, confidential, 24/7, 365-day-a-year treatment referral and information service for individuals and families facing substance use disorders. More information at samhsa.gov/find-help/national-helpline.
- 988 Suicide & Crisis Lifeline (United States): call or text 988 — free, confidential crisis support, available 24 hours a day, seven days a week. More information at 988lifeline.org.
- Outside the United States: contact your local emergency services number, your national poison or crisis helpline, or your nearest hospital emergency department immediately.
The full disclaimer, together with the reference list for the health-recovery timeline, is published at our Medical Disclaimer page and is incorporated into these Terms by reference.
5. Disclaimer of warranties
To the maximum extent permitted by applicable law, the App is provided “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind. The Developer expressly disclaims all warranties and conditions, whether express, implied, or statutory, including but not limited to the implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.
Without limiting the foregoing, the Developer does not warrant that the App will meet your requirements, that its operation will be uninterrupted or error-free, that any defect will be corrected, that the App will be compatible with any future version of iOS, or that any information, estimate, or timeline it displays is accurate, complete, or applicable to you. No advice or information, whether oral or written, obtained from the Developer, shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions may not apply to you in full. Nothing in these Terms excludes or limits any right you have that cannot lawfully be excluded or limited.
6. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Developer be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to damages for personal injury, emotional distress, relapse, loss of profits, loss of data, loss of goodwill, business interruption, or any other commercial or non-commercial loss, arising out of or in connection with your use of or inability to use the App, however caused, regardless of the theory of liability (contract, tort including negligence, strict liability, or otherwise), and even if the Developer has been advised of the possibility of such damages.
The Developer’s total aggregate liability to you for all claims arising out of or relating to the App or these Terms shall not exceed the greater of (a) the total amount you actually paid for the App and its in-app purchases in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US $50.00).
Nothing in these Terms excludes or limits the Developer’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you in full.
7. Apple-specific terms
You acknowledge and agree that these Terms are concluded between you and the Developer only, and not with Apple Inc. (“Apple”), and that the Developer, not Apple, is solely responsible for the App and its content. You further acknowledge:
- Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. Support is provided by the Developer at dmjks120@gmail.com.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
- The Developer, not Apple, is responsible for addressing any claim by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and any claim arising under consumer protection or similar legislation.
- The Developer, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.
- You represent and warrant that you are not located in a country subject to a United States government embargo, or designated as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
8. Term and termination
These Terms take effect when you first use the App and continue until terminated. You may terminate them at any time by deleting the App from your devices (this does not by itself cancel an auto-renewing subscription; cancel that in iOS Settings as described in Section 2.1). The Developer may terminate or suspend the license granted here, without notice, if you materially breach these Terms, including by attempting to circumvent the App’s purchase mechanisms.
Upon termination, the license granted to you ends and you must cease all use of the App. Sections 3 through 6 and 9 through 11 survive any termination.
9. Privacy
The App collects no personal data. Your counters, journal entries, and milestones are stored locally on your device with Apple SwiftData and are never transmitted to the Developer. Our Privacy Policy describes this in full and is incorporated into these Terms by reference.
10. Governing law and disputes
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the People’s Republic of Bangladesh, without regard to its conflict of law rules. You and the Developer agree to submit to the exclusive jurisdiction of the courts of Dhaka, Bangladesh to resolve any such dispute or claim.
This does not deprive you of the protection of the mandatory consumer law of the country in which you reside. If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you the right to bring proceedings in your local courts and to rely on the mandatory consumer protections of your country of residence, those rights are unaffected by this section. Nothing in these Terms limits Apple’s rights or your rights under your agreement with Apple.
11. Changes to these Terms
The Developer may revise these Terms from time to time, for example to reflect changes to the App, to its pricing, or to applicable law. The revised Terms will be posted at this URL with an updated effective date. Where a change is material, the Developer will make it prominent in the App or on this website.
Your continued use of the App after revised Terms take effect constitutes acceptance of them. If you do not agree to the revised Terms, stop using the App and, if you hold an auto-renewing subscription, cancel it in iOS Settings before the next renewal. A change to the price of an existing subscription is handled by Apple as described in Section 2.1.
12. General
Entire agreement. These Terms, together with the Privacy Policy, the Medical Disclaimer, and Apple’s Standard End User License Agreement, constitute the entire agreement between you and the Developer regarding the App and supersede all prior understandings. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force. No waiver. A failure to enforce any provision is not a waiver of it. Assignment. You may not assign these Terms; the Developer may assign them in connection with a transfer of the App.
13. Contact
MD Shahariar Nazim Joy
Individual developer (sole proprietor)
Email: dmjks120@gmail.com (we aim to respond within two business days)
Application: Sober: Sobriety Counter (iOS) — com.sobrietyandquitdrinkcounter.bestforyou.Sobriety-Quit-Drinking-Counter
Apple’s Standard End User License Agreement:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Apple Media Services Terms and Conditions:
apple.com/legal/internet-services/itunes
Request a refund from Apple:
reportaproblem.apple.com