Last Update: 20 Jan, 2025
Terms & Conditions
Terms and Conditions / End User License Agreement (EULA)
Last Updated: January 2025
Effective Date: January 2025
Agreement to Terms
By downloading, installing, accessing, or using Flow State Defender ("the App," "we," "our," or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.
Description of Service
Flow State Defender is a macOS application that:
Monitors your computer activity to detect flow states
Tracks productivity metrics and provides analytics
Classifies applications based on their impact on productivity
Provides integrations with third-party services (Slack, Teams, Spotify)
Offers subscription-based premium features
Eligibility
You must:
Be at least 13 years of age (or the age of majority in your jurisdiction)
Have the legal capacity to enter into binding agreements
Comply with all applicable laws and regulations
Provide accurate and complete information when creating an account
Account Registration and Security
4.1 Account Creation
You must create an account to use the App.
You are responsible for maintaining the confidentiality of your account credentials.
You are responsible for all activities that occur under your account.
You must immediately notify us of any unauthorized use of your account.
4.2 Account Requirements
You must provide a valid email address.
You must verify your email address.
You may not create multiple accounts to circumvent subscription limitations.
You may not share your account with others.
License Grant and Restrictions
5.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
Download and install the App on your personal macOS device(s).
Use the App for your personal, non-commercial use.
5.2 Restrictions
You may not:
Copy, modify, distribute, sell, or lease any part of the App.
Reverse engineer, decompile, or disassemble the App.
Remove or alter any copyright, trademark, or other proprietary notices.
Use the App for any illegal or unauthorized purpose.
Interfere with or disrupt the App or servers.
Use automated systems (bots, scrapers) to access the App.
Share your account or subscription with others.
Use the App to violate any laws or regulations.
Subscriptions and Payments
6.1 Subscription Tiers
The App offers the following subscription tiers:
Free Tier: Basic features with limited functionality.
Pro Tier: Premium features including integrations, advanced analytics, and priority support.
6.2 Subscription Terms
Subscriptions are billed through the Apple App Store.
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.
You will be charged the subscription fee to your Apple ID account at confirmation of purchase.
Subscription fees are non-refundable except as required by law or as stated in our refund policy.
6.3 Subscription Management
You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings.
Cancellation takes effect at the end of the current billing period.
You will retain access to Pro features until the end of the current billing period.
We reserve the right to change subscription prices with 30 days' notice.
6.4 Refund Policy
Refunds are handled by Apple according to Apple's refund policy.
You may request a refund through Apple's standard refund process.
We may, at our discretion, provide refunds for exceptional circumstances.
Refund requests must be made within the applicable refund period.
User Content and Data
7.1 Your Data
You retain ownership of all data you create or upload to the App.
You grant us a license to use, store, and process your data to provide the App's services.
You are responsible for backing up your data.
We are not responsible for any loss of data.
7.2 Data Accuracy
You are responsible for the accuracy of data you provide.
You must not provide false, misleading, or inaccurate information.
7.3 Prohibited Content
You may not use the App to:
Store or transmit illegal content.
Violate any third-party rights (copyright, trademark, privacy).
Transmit viruses, malware, or harmful code.
Engage in any fraudulent or deceptive activity.
Third-Party Services and Integrations
8.1 Third-Party Services
The App integrates with third-party services including:
Slack (Slack Technologies, LLC)
Microsoft Teams (Microsoft Corporation)
Spotify (Spotify AB)
Google Firebase (Google LLC)
RevenueCat (RevenueCat, Inc.)
8.2 Third-Party Terms
Your use of third-party services is subject to their respective terms of service and privacy policies.
We are not responsible for the availability, accuracy, or content of third-party services.
We are not liable for any issues arising from your use of third-party services.
8.3 Integration Requirements
You must have valid accounts with third-party services to use integrations.
You grant us permission to access and modify your third-party service data as necessary to provide integration features.
You can disconnect integrations at any time.
Disconnecting an integration may limit certain App features.
Intellectual Property Rights
9.1 Our Rights
The App and all content, features, and functionality are owned by us or our licensors.
All trademarks, service marks, and logos are our property or the property of their respective owners.
The App is protected by copyright, trademark, and other intellectual property laws.
9.2 Your Rights
You retain ownership of your data and content.
You grant us a license to use your data to provide the App's services.
. Permissions and System Access
10.1 Required Permissions
The App requires the following macOS permissions:
Accessibility Permission – To monitor keyboard and mouse activity.
Screen Recording Permission – To detect active windows.
Input Monitoring Permission – To track input events.
Apple Events Permission – To control system features.
Bluetooth Permission – To connect to Android devices.
10.2 Permission Denial
If you deny required permissions, certain features may not function.
We are not responsible for reduced functionality due to denied permissions.
. Prohibited Uses
You may not use the App to:
Violate any applicable laws or regulations.
Infringe on intellectual property rights.
Transmit harmful, offensive, or illegal content.
Interfere with or disrupt the App or servers.
Attempt to gain unauthorized access to the App or related systems.
Use the App for commercial purposes without authorization.
Reverse engineer or attempt to extract source code.
Create derivative works based on the App.
Termination
12.1 Termination by You
You may stop using the App at any time.
You may delete your account through the App settings.
Cancellation of subscription does not automatically delete your account.
12.2 Termination by Us
We may suspend or terminate your access to the App if you:
Violate these Terms.
Engage in fraudulent or illegal activity.
Fail to pay subscription fees.
Misuse the App or its features.
12.3 Effect of Termination
Upon termination, your right to use the App ceases immediately.
We may delete your account and data, subject to our Privacy Policy.
Subscription fees are non-refundable upon termination for cause.
Provisions that by their nature should survive termination will survive.
. Disclaimers and Limitations of Liability
13.1 Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR RELIABILITY OF DATA, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
13.2 Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.
WE ARE NOT LIABLE FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES.
WE ARE NOT LIABLE FOR ISSUES ARISING FROM THIRD-PARTY SERVICES.
13.3 Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.
. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses, including legal fees, arising from your use of the App, your violation of these Terms, your violation of any third-party rights, or your violation of any applicable laws.
. Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of Costa Rica, without regard to conflict of law principles.
15.2 Dispute Resolution Process
First, contact us to attempt to resolve the dispute informally.
If informal resolution fails, disputes will be resolved through binding arbitration.
Arbitration will be conducted in accordance with Costa Rican rules.
You waive your right to a jury trial and to participate in class actions.
15.3 Exceptions
Either party may seek injunctive relief in court.
Small claims court actions are not subject to arbitration.
Changes to Terms
16.1 Modification Rights
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App, updating the "Last Updated" date, or sending an email notification for material changes.
16.2 Acceptance of Changes
Your continued use of the App after changes constitutes acceptance.
If you do not agree to changes, you must stop using the App and delete your account.
Miscellaneous
17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
17.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
17.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.
17.5 Force Majeure
We are not liable for any failure to perform due to circumstances beyond our reasonable control.
17.6 Contact Information
For questions about these Terms, please contact us:
Email: andrey@elevalabs.io
Website: www.elebalabs.io
Address: San Jose, Costa Rica
App Store Terms
18.1 Apple App Store
If you downloaded the App from the Apple App Store:
These Terms are between you and us, not Apple.
Apple is not responsible for the App or its content.
Apple has no obligation to provide support for the App.
Apple is not responsible for addressing any claims related to the App.
Apple is a third-party beneficiary of these Terms.
18.2 App Store Refunds
Refunds are subject to Apple's refund policy.
Contact Apple for refund requests.
We do not process refunds directly for App Store purchases.
Subscription-Specific Terms
19.1 Subscription Features
Pro subscription includes:
Access to all premium features.
Third-party integrations (Slack, Teams, Spotify).
Advanced analytics and insights.
Priority customer support.
Ad-free experience, if applicable.
19.2 Subscription Changes
We reserve the right to modify subscription features.
We will provide reasonable notice of material changes.
Price changes will be communicated 30 days in advance.
19.3 Subscription Cancellation
You may cancel your subscription at any time.
Cancellation takes effect at the end of the current billing period.
No refunds for partial billing periods.
You will lose access to Pro features at the end of the billing period.
Acknowledgment
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.