Terms of Use.

1. Apple’s license agreement

The Median app is licensed to you under Apple’s Licensed Application End User License Agreement (the “Apple EULA”). These Terms are additional terms that apply alongside the Apple EULA. If they conflict, these Terms control to the extent the Apple EULA allows, except for the terms Apple requires in Section 17.

2. Who can use Median

You must be at least 13 years old, or older if the law where you live requires it, to use the Service. If you are under the age of majority where you live, you may use the Service only with the permission and involvement of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use. You must not use the Service if you are barred from doing so under applicable law.

3. What Median does, and what it does not

Median uses Apple’s Screen Time features to hold the apps and websites you choose during the first part of your morning, for the length you set. You can leave a morning early from the screen shown when you open a held app, and you can turn off Median’s Screen Time access at any time in your iPhone’s Settings.

Median is not an emergency, safety, or medical tool. It does not block phone calls, emergency calls, or Emergency SOS, but it may hold any app you select. Do not select any app you may need for your health, safety, security, work, caregiving, or to reach emergency help. You are solely responsible for which apps you select and for any consequence of an app being held.

Median depends on iOS, Apple’s Screen Time features, your device, and its settings, which are outside our control and may change. We do not promise that any morning will start, that any app will be held, or that the Service will work without interruption or error.

Median is a tool to help you build a habit. It does not provide medical, psychological, therapeutic, or other professional advice, diagnosis, or treatment, and it is not a substitute for care from a qualified professional. Content in the app, including Morning Notes and messages on the shield, is general information only. We do not promise any particular result, such as improved focus, mood, sleep, productivity, or health.

4. Your account

You sign in with Apple. You are responsible for all activity under your account and for keeping your Apple ID and devices secure. Your mornings are tied to one iPhone at a time and can be moved to a new one as the app describes. Notify us promptly at support@usemedian.app if you believe your account has been used without permission. You can delete your account at any time in the app, as described in our Privacy Policy.

5. Subscriptions and billing

• Plans. Median requires a monthly or yearly subscription. Prices and plan details are shown in the app before you subscribe.
• Free trial. The yearly plan may include a free trial for eligible new subscribers, as shown before you subscribe. Unless you cancel at least 24 hours before the trial ends, your subscription begins and you are charged when the trial ends. Any unused portion of a free trial ends when you purchase a subscription, where applicable.
• Billing. Payment is charged to your Apple ID account when you confirm the purchase or when a free trial ends. Apple processes all payments, and your purchase is also subject to Apple’s terms.
• Automatic renewal. Your subscription renews automatically for the same period and at the same price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
• Cancelling. Manage or cancel your subscription in your iPhone’s Settings: tap your name, then Subscriptions. Cancelling stops future renewals. You keep access until the end of the period you have paid for.
• Refunds. All payments are handled by Apple, and refunds are available only as Apple’s policies allow, at reportaproblem.apple.com. We cannot issue refunds directly.
• Price changes. If a price changes, Apple will notify you as its rules require, and you can cancel before the new price applies.
• Deleting your account. Deleting your Median account does not cancel your subscription. Cancel it with Apple as well if you no longer want to be charged.

6. Acceptable use

You agree not to: copy, modify, distribute, sell, or lease any part of the Service; reverse engineer, decompile, or attempt to extract its source code, except where the law expressly permits it; bypass, disable, or interfere with its security, subscription checks, or features; access or attempt to access another person’s account or our systems without permission; use automated means to access the Service; submit anything unlawful, harmful, harassing, or that infringes anyone’s rights; or use the Service in violation of any law or these Terms.

7. What you send us

If you send us feedback, suggestions, or answers to questions in the app, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, and incorporate them for any purpose, without owing you any compensation or attribution. Do not send us anything confidential. You confirm you have the right to send what you submit.

8. Ownership and license

The Service, including its software, design, text, graphics, name, logo, and mark, is owned by us or our licensors and protected by intellectual property laws. Subject to these Terms and the Apple EULA, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Median app on Apple-branded devices you own or control, for your personal, non-commercial use. All rights not expressly granted are reserved.

9. Third-party services

The Service relies on services provided by others, including Apple (sign-in, Screen Time, and payments), Supabase (data hosting), and RevenueCat (subscription status). We do not control and are not responsible for those services, their availability, or their terms, and your use of them may be subject to their own terms and privacy policies.

10. Changes to the Service

We may change, add, or remove features, or suspend or discontinue all or part of the Service, at any time. If we permanently discontinue the Service, we will make reasonable efforts to give advance notice in the app. Refunds for any unused subscription period are handled by Apple under its policies.

11. Ending your use

You may stop using the Service and delete your account at any time. We may suspend or end your access, with or without notice, if you break these Terms, if required by law, or if needed to protect the Service, other users, or us. Sections that by their nature should survive, including Sections 7, 8, and 12 through 18, survive the end of these Terms.

12. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT IT WILL HOLD OR RELEASE ANY APP AS INTENDED, THAT DATA WILL NOT BE LOST, OR THAT IT WILL MEET YOUR NEEDS OR PRODUCE ANY RESULT. YOU USE THE SERVICE AT YOUR OWN RISK.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEDIAN OR JOHN GRECO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OPPORTUNITY, OR GOODWILL, OR FOR PERSONAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, INCLUDING ANY APP BEING HELD OR NOT HELD, OR ANY MISSED COMMUNICATION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

Some jurisdictions do not allow certain warranties to be excluded or liability to be limited, so some of the above may not apply to you. In those cases, our liability is limited to the smallest amount the law allows. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or, where required, for death or personal injury caused by gross negligence or willful misconduct.

14. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Median and John Greco from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Service, your violation of these Terms, your violation of any law or the rights of any third party, or anything you submit to us.

15. Dispute resolution and arbitration

Talk to us first. Before starting any formal proceeding, you agree to try to resolve the dispute informally by emailing support@usemedian.app with your name, a description of the dispute, and the relief you want. If it is not resolved within 60 days, either of us may proceed as described below.

Binding individual arbitration. Except as stated below, any dispute, claim, or controversy arising from or relating to the Service or these Terms, including their formation, scope, or enforceability, will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this section. The arbitration will be conducted in English by a single arbitrator, by video conference or written submissions where possible, or otherwise in the county where you live or in Illinois. Fees are paid as the AAA Consumer Rules provide. The arbitrator may award the same individual relief a court could, but only to you individually.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek relief in court to stop infringement or misuse of intellectual property.

No class actions, and no jury. YOU AND WE EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for a particular claim, that claim must be decided in court, not in arbitration.

Mass filings. If 25 or more similar arbitration demands are filed by or with the help of the same law firm or coordinated group, they will be administered in batches of up to 25 at a time under the AAA’s mass arbitration procedures, to the extent permitted.

Your right to opt out. You can opt out of this arbitration agreement by emailing support@usemedian.app within 30 days of first accepting these Terms, with your name and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Courts. Any dispute not subject to arbitration will be brought only in the state or federal courts located in Illinois, and you and we consent to their personal jurisdiction, unless the law where you live gives you the right to bring a claim in your local courts.

Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

16. Governing law

These Terms are governed by the laws of the State of Illinois and applicable U.S. federal law, without regard to conflict of law rules. If you are a consumer in a country that gives you the benefit of mandatory consumer protection laws where you live, nothing in these Terms takes away those rights.

17. Terms required by Apple

• These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the Median app and its content.
• Apple has no obligation to provide any maintenance or support for the Median app.
• If the Median app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses from any failure to conform to a warranty are governed by these Terms.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the Median app or your possession and use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
• If a third party claims that the Median app or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the Median app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of them, 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.

18. General

• Entire agreement. These Terms, the Privacy Policy, and the Apple EULA are the entire agreement between you and us about the Service.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect, and the unenforceable part will be enforced to the maximum extent allowed.
• No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to do so later.
• Assignment. You may not transfer these Terms without our consent. We may assign or transfer them, including to a company formed to operate Median or to a successor, without your consent.
• Events beyond our control. We are not responsible for any failure or delay caused by events beyond our reasonable control, including outages of Apple or other providers, changes to iOS, or internet failures.
• Notices. You agree that we may provide notices electronically, in the app, on our website, or by email, and that these satisfy any requirement that notices be in writing.
• No agency. Nothing in these Terms creates any partnership, employment, or agency relationship.

19. Changes to these Terms

We may update these Terms from time to time. We will change the effective date above, and if a change is material, we will tell you in the app or by other reasonable means before it takes effect. By continuing to use the Service after changes take effect, you accept the updated Terms. If you do not agree, stop using the Service and cancel your subscription with Apple. Changes to Section 15 will not apply to any dispute you notified us of before the change.

20. Contact

Questions, complaints, or claims about the Service or these Terms:

John Greco, operator of Median
support@usemedian.app