Terms of Use

1. Agreement and provider

These Terms of Use (“Terms”) are an agreement between you and Fenaura OÜ (“Fenaura,” “we,” “us,” or “our”), Ahtri tn 12, 15551 Tallinn, Estonia. By downloading, purchasing, accessing, or using WatchYourPhone (the “App”) or its related cloud services (together, the “Service”), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If mandatory law gives you rights that cannot be waived or limited by contract, those rights remain unaffected.

2. Eligibility

You must be legally able to enter into these Terms. If you are a minor, you may use the Service only with the permission and supervision of a parent or legal guardian where required by local law. If you use the Service for an organization, you represent that you may bind that organization to these Terms.

3. License and acceptable use

Subject to these Terms and the applicable app-store rules, Fenaura grants you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the App on devices you own or control, solely for lawful personal use.

You must not:

• use the Service to stalk, secretly monitor, harass, threaten, deceive, or violate another person’s privacy or legal rights;
• link a device, share location, or access incident information without the device owner’s authorization;
• copy, sell, sublicense, rent, distribute, or commercially exploit the Service except as law expressly permits;
• reverse engineer, decompile, bypass security, probe vulnerabilities, or interfere with the Service except to the extent a restriction is prohibited by law;
• introduce malware, overload infrastructure, automate abusive requests, or attempt unauthorized access; or
• use the Service in violation of law, sanctions, export controls, or third-party rights.

4. Features, devices, and permissions

The Service may use Bluetooth, background and precise location, notifications, Local Network access, Apple Watch connectivity, Garmin Connect IQ, and internet access. Availability depends on compatible hardware, operating-system support, settings, permissions, battery, connectivity, third-party services, and an active Premium entitlement where indicated.

The free plan currently provides linked-device functionality. Premium currently provides the broader phone-and-wearable protection features described in the App. Features may evolve, but we will not remove paid access in a way that violates mandatory consumer law.

You are responsible for configuring the Service, maintaining compatible devices and network access, granting permissions knowingly, installing updates, and testing whether alerts work in your circumstances.

5. Linked devices and location sharing

Linking establishes a trusted relationship between installations. A linked person may receive theft-incident alerts, view the latest location shared by the owner during an active incident, and send a check-in notification to the owner’s iPhone. Location sharing occurs only when the owner has enabled Theft Location Protection and an incident is active.

• Only link with people you know and trust.
• Keep invitation QR codes and tokens private. Invitations are temporary, but anyone with a valid invitation may attempt to link.
• Do not use incident information for surveillance or any purpose beyond helping the device owner.
• The owner may resolve or delete an incident, disable location sharing, remove a link, or delete cloud data.
• An incident expires 24 hours after it is created. Location can become stale before that time and must not be treated as a person’s guaranteed current location.

6. Safety and service limitations

The Service cannot prevent loss or theft and does not guarantee detection, notification delivery, location accuracy, recovery, or continuous availability. Bluetooth and network signals can disconnect for ordinary reasons. Location may be delayed, imprecise, unavailable, or associated with a device rather than the person carrying it. Background execution and notifications are controlled in part by operating systems and third parties.

Use independent judgment. Do not rely on the Service as your sole safety measure, emergency communication channel, or evidence that a theft has occurred. Do not enter unsafe locations or confront anyone based on an alert. Contact police or local emergency services when appropriate and follow their instructions.

7. WatchYourPhone Premium subscription

Plan and price

WatchYourPhone offers one auto-renewing annual Premium subscription. The U.S. reference price is US$14.99 per year. There is no free trial and Family Sharing is not supported. The App Store displays the actual price and currency that apply to you, including any taxes. The price shown by Apple at purchase controls.

Purchase and automatic renewal

Payment is charged to your Apple Account when Apple confirms the purchase. The subscription automatically renews for another annual term unless you cancel at least 24 hours before the end of the current subscription period. Apple may charge your account for renewal within 24 hours before the current period ends. Renewal price changes are handled under Apple’s rules and applicable law.

Cancellation

You can manage or cancel through Settings → [your name] → Subscriptions → WatchYourPhone on an Apple device, or through the subscription-management option in the App. Deleting the App does not cancel the subscription. After cancellation, Premium generally remains available until the end of the paid period unless Apple states otherwise.

Refunds and statutory rights

Purchases are processed by Apple. To request a refund, use Apple’s “Report a Problem” service or contact Apple Support. Apple determines eligibility under its policies and applicable law. Nothing in these Terms limits any mandatory cancellation, withdrawal, refund, conformity, or other consumer right available where you live.

Restore purchases

You may use Restore Purchases in the App. Premium requires Apple to confirm an active entitlement. Temporary verification or network failures may delay access.

8. Terms applicable to Apple-distributed versions

If you obtain the App through Apple’s App Store:

• these Terms are between you and Fenaura, not Apple, and Fenaura—not Apple—is responsible for the App and its content;
• your license is limited to use on Apple-branded products you own or control as permitted by the Apple Media Services Terms and Usage Rules, including use by other accounts associated with the purchaser where Apple permits;
• Apple has no obligation to provide maintenance or support for the App;
• to the maximum extent permitted by law, Apple has no warranty obligation for the App. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its rules and law;
• Fenaura, not Apple, is responsible for addressing claims relating to the App, including product-liability, legal-compliance, and consumer-protection claims, subject to these Terms and applicable law;
• Fenaura, not Apple, is responsible for investigating, defending, settling, and discharging claims that the App infringes a third party’s intellectual-property rights;
• you represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism, and you are not listed on a U.S. Government prohibited or restricted-party list; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce this section against you.

9. Third-party services

The Service depends on or interoperates with services supplied by Apple, Cloudflare, Garmin, Mapbox, and Resend. Their separate terms and privacy notices may apply. We do not control third-party platforms and are not responsible for outages, policy changes, discontinued compatibility, or acts outside our reasonable control, except where mandatory law provides otherwise.

10. Feedback and intellectual property

The Service, including its software, design, text, graphics, trademarks, and other content, is owned by Fenaura or its licensors and is protected by law. These Terms grant only the limited license stated above.

If you voluntarily send ideas, suggestions, or feedback, you grant Fenaura a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, adapt, and incorporate that feedback without restriction or compensation. This does not transfer ownership of your personal data, which remains governed by the Privacy Policy.

11. Suspension and termination

You may stop using the Service at any time. You can delete cloud data through the App and separately cancel Premium through Apple.

We may suspend or terminate access where reasonably necessary because of material or repeated breach, security risk, unlawful use, abuse, non-payment, legal requirement, or discontinuation of the Service. Where appropriate and legally required, we will give reasonable notice and an opportunity to remedy. Termination does not eliminate rights or obligations that by their nature should survive, including accrued payment obligations, ownership, disclaimers, liability limits, and dispute provisions.

12. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted availability, and error-free operation. We do not warrant that the Service will detect every separation or theft, deliver every alert, identify an exact location, recover property, or remain compatible with every device or third-party platform.

This section does not exclude warranties, remedies, or digital-content conformity rights that cannot lawfully be excluded, including mandatory consumer protections.

13. Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, intentional misconduct, gross negligence where it cannot be limited, breach of mandatory data-protection obligations, or any liability that law does not allow us to exclude or limit.

Subject to the preceding paragraph and to the maximum extent permitted by law:

• Fenaura is not liable for indirect, incidental, special, consequential, or punitive loss, or for loss of profit, revenue, opportunity, goodwill, data, or property recovery, arising from the Service; and
• Fenaura’s aggregate liability arising out of or relating to the Service is limited to the greater of (a) the amount you paid for WatchYourPhone during the 12 months before the event giving rise to the claim or (b) €50.

The limitations apply only to the extent valid in your jurisdiction. They do not reduce remedies you have under mandatory consumer law.

14. Responsibility for misuse

To the extent permitted by law, if you use the Service on behalf of a business or for commercial purposes, you will indemnify Fenaura against third-party claims, losses, and reasonable costs resulting from your unlawful use, unauthorized surveillance or linking, or material breach of these Terms. This section does not apply to consumers where prohibited or to the extent a claim was caused by Fenaura.

15. Governing law and disputes

These Terms are governed by the laws of Estonia, without regard to conflict-of-law rules. If you are a consumer, this choice does not deprive you of mandatory protections provided by the law of the country where you habitually reside.

Please first contact support@watchyourphone.app so we can try to resolve a dispute. Courts with jurisdiction under applicable law may hear disputes. Consumers may bring proceedings in any court available to them under mandatory consumer law; these Terms do not require an exclusive Tallinn forum.

Consumers in the European Union may also seek help from their national consumer-protection body or an applicable out-of-court dispute-resolution entity.

16. Changes to the Service or Terms

We may update the Service and these Terms for legal, security, technical, operational, or product reasons. We will post the revised Terms with a new date and provide additional notice when required. Changes will not retroactively reduce accrued rights. If a material change requires your consent, we will request it. If you do not accept an applicable change, you must stop using the Service and may cancel your subscription.

17. General terms

If a provision is unenforceable, it will be enforced to the greatest lawful extent and the rest will remain effective. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent, except where law permits. We may transfer them as part of a reorganization, merger, acquisition, or sale, provided your mandatory rights remain protected.

These Terms, the Privacy Policy, the purchase information Apple displays, and any feature-specific notice form the agreement concerning the Service. If they conflict, mandatory law controls, then feature-specific or purchase terms for that subject, then these Terms.

18. Contact