User Agreement

For FlexPomo

Last updated: 2026-04-20

Effective date: 2026-04-20 Last updated: 2026-04-20

0. About This Agreement

This User Agreement (“Agreement”) governs your use of the FlexPomo mobile application (“FlexPomo”, “the App”, “we”, “us”).

By downloading, installing, or using FlexPomo, you agree to this Agreement and to Apple’s standard End User License Agreement (EULA), which applies to all apps distributed through the App Store. Where this Agreement and Apple’s EULA conflict, Apple’s EULA prevails.

If you don’t agree with this Agreement, don’t use FlexPomo.

1. Who We Are

FlexPomo is developed by Damian Wiśniewski, operating under thehardway.pl (“we”, “us”, “Developer”).

2. License Grant

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use FlexPomo on Apple devices you own or control, subject to this Agreement and Apple’s EULA.

This license does not give you ownership of the App or any underlying intellectual property.

3. What You Can Do

  • Use FlexPomo for your personal focus and productivity
  • Use the free features forever, without payment
  • Subscribe to FlexPomo Pro to unlock additional features
  • Export your session data as CSV, anytime
  • Use FlexPomo offline

4. What You Can’t Do

You may not:

  • Reverse engineer, decompile, or disassemble the App (except where permitted by law)
  • Remove or alter copyright or trademark notices
  • Resell, sublicense, rent, or lease the App
  • Use the App to build a competing product
  • Bypass, disable, or circumvent the subscription or entitlement system
  • Use automation or scripts to generate fraudulent sessions or unlock features

5. FlexPomo Pro (Subscription)

5.1 Free Trial

New subscribers can try FlexPomo Pro free for 7 days. You can start the trial once per Apple ID. Cancel before the trial ends to avoid any charge.

5.2 Subscription Terms

FlexPomo Pro is offered as a recurring subscription. Pricing varies by region and is displayed in the App at the time of purchase.

5.3 Auto-Renewal (required disclosure)

Payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your Apple ID account settings on the App Store after purchase.

5.4 Managing Your Subscription

You manage subscriptions through Apple, not through us:

  • iOS / iPadOS: Settings → [Your Name] → Subscriptions → FlexPomo
  • App Store: Account → Subscriptions

You can cancel anytime. Cancellation takes effect at the end of the current billing period. You retain Pro access until the period ends.

5.5 Refunds

All payments are handled by Apple. Refund requests must be submitted to Apple via reportaproblem.apple.com. We do not process refunds directly.

Consumer protection laws in your country (including the EU right of withdrawal) may grant you additional rights — see Section 12.

5.6 Price Changes

If we change subscription prices, we’ll notify you in advance via the App or email (if you’ve chosen to receive notifications). Continued subscription after a price change constitutes acceptance. You can cancel if you disagree.

5.7 Feature Changes

We may add, modify, or remove features from the free or Pro tier as we improve the App. We’ll make reasonable efforts not to remove major Pro features during an active subscription.

6. Your Data

  • You own your focus session data and your Focus Projects
  • FlexPomo stores your data locally on your device and — only if you enable iCloud sync — in your private iCloud container managed by Apple
  • FlexPomo does not transmit your data to any Developer-operated server. We have no backend
  • See our Privacy Policy for full details
  • You can export your data as CSV at any time, free of charge

7. Intellectual Property

7.1 Our Property

The FlexPomo name, logo, Focus Rings design language, app icon, interface design, code, sound selections, and all other creative assets are owned by Damian Wiśniewski / thehardway.pl or our licensors. All rights reserved.

7.2 Apple Trademarks

Apple, iPhone, iPad, iCloud, Apple Intelligence, Dynamic Island, Live Activities, Siri, Shortcuts, App Intents, and Spotlight are trademarks of Apple Inc. FlexPomo is not endorsed by or affiliated with Apple beyond standard App Store distribution.

7.3 Third-Party Sounds

Ambient sounds in FlexPomo are either original recordings, licensed for commercial app use, or in the public domain. Full attribution is available in Settings → About → Credits.

8. Not a Medical Device

FlexPomo is a productivity tool, not a medical device. It is not designed to diagnose, treat, cure, or prevent any medical or psychiatric condition — including ADHD, autism, anxiety, or time blindness.

While FlexPomo is built with neurodivergent users in mind, it is not a substitute for professional medical advice, diagnosis, or treatment. If you have a health concern, consult a qualified healthcare professional.

We make no guarantees about productivity, focus improvement, or any specific outcome from using FlexPomo.

9. Disclaimers

FlexPomo is provided “as is” and “as available”, without warranties of any kind, express or implied, including (to the fullest extent permitted by law):

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free operation
  • Accuracy of statistics, insights, or AI-generated summaries

Nothing in this section limits rights you have as a consumer under applicable law.

10. Limitation of Liability

To the maximum extent permitted by law, the Developer and its affiliates are not liable for any:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, or business
  • Damages arising from your inability to use the App
  • Damages caused by iCloud sync issues, Apple platform failures, or third-party services

Our total liability for any claim under this Agreement is limited to the amount you paid for FlexPomo in the 12 months preceding the claim (or EUR 50 if you’ve never paid, as a nominal cap).

This cap and the exclusions above do not apply where liability cannot be limited or excluded under applicable law — including gross negligence, willful misconduct, death or personal injury caused by our negligence, or mandatory consumer protection rules in your country of residence. For consumers in Poland and the EU, your statutory rights remain fully in effect regardless of this section.

11. Termination

You can stop using FlexPomo at any time by deleting the app from your device. Cancellation of a Pro subscription follows Section 5.

We may terminate or suspend your license if you materially breach this Agreement (for example, by attempting to bypass the subscription system). In practice, since FlexPomo has no account system, termination would apply to future updates or access to paid features — your locally stored data remains yours.

12. Consumer Rights (EU / UK / EEA)

If you’re a consumer in the European Union, United Kingdom, or EEA, you have rights under applicable consumer protection law that override this Agreement where it’s less favorable. These include:

  • Right of withdrawal: as a rule, you may withdraw from a purchase of digital content within 14 days. However, under Article 16(m) of the EU Consumer Rights Directive (in Poland: Article 38(13) of the Consumer Rights Act of 30 May 2014), the right of withdrawal does not apply to digital content delivered on a non-material medium if performance has started with your prior express consent and acknowledgment that you thereby lose the right of withdrawal. By starting a FlexPomo Pro subscription and accessing Pro features, you consent to immediate performance and acknowledge this loss of the withdrawal right for delivered digital content. Apple is the merchant of record and processes any refund requests.
  • Statutory warranty: applicable consumer law may grant you rights beyond Section 9.
  • Online Dispute Resolution (ODR): the EU ODR platform is available at ec.europa.eu/consumers/odr.

13. Governing Law & Jurisdiction

This Agreement is governed by the laws of the Republic of Poland, without regard to conflict-of-law principles.

For consumer disputes, the mandatory consumer protection laws of your country of residence apply to the extent they grant you stronger rights.

Disputes are subject to the courts of Poland, except where consumer law requires proceedings in your country of residence.

14. Changes to This Agreement

We may update this Agreement from time to time. When we do:

  • We’ll update the Effective date at the top
  • Material changes will be communicated in-app on next launch
  • Continued use after an update means you accept the new terms
  • If you don’t accept changes, stop using the App

15. Entire Agreement

This Agreement, together with Apple’s EULA and our Privacy Policy, is the entire agreement between you and us regarding FlexPomo. It supersedes any prior agreements, written or oral.

If any provision is found unenforceable, the remaining provisions remain in effect.

16. Contact

For questions about these terms:

By using FlexPomo, you acknowledge that you’ve read, understood, and agreed to this Agreement.

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