Terms of Service

1. Acceptance of Terms

By downloading, installing, or using My Evening ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legal agreement between you and Ivan Sokalskyi, prowadzący jednoosobową działalność gospodarczą pod firmą "My Evening" (sole proprietorship registered in Poland), NIP 8982299245, REGON 526716694, registered office ul. Edwarda Abramowskiego 45, 51-663 Wrocław, Poland, referred to in these Terms as "we", "us", or "our". Full operator details are available on our Legal Notice page.

2. Eligibility

You must be at least 18 years old to use the App. If the law where you live sets a higher age for entering into a contract like this one, you must have reached that age. The App is not intended for anyone under 18. By using the App, you represent that you meet this requirement.

3. Description of Service

My Evening is an iOS application that provides structured evening ritual guidance including:

• Gratitude journaling (voice and text input)
• Tomorrow planning and task prioritization
• Guided breathing exercises (4-7-8 pattern)
• A phone-down completion signal
• Session history and personal insights

The App is designed for personal, non-commercial use. Your content is stored on your device and, when iCloud is available, in your own iCloud private database. Parts of it are transmitted to our servers and our providers for voice transcription and AI person detection, as described in § 5 and our Privacy Policy.

4. Subscriptions and Payments

Free Trial

My Evening offers a 7-day free trial with full, unrestricted access to all features, provided as Apple's introductory offer on the annual subscription. The trial begins when you subscribe to the annual plan through the App Store; a payment method on file with your Apple ID is required, but you are not charged during the 7-day trial period. Unless you cancel at least 24 hours before the trial ends, the subscription automatically renews and the annual price is charged. The introductory offer is available once per Apple ID, as enforced by Apple. The monthly plan does not include a free trial.

Subscription Plans

Access to active features requires a subscription. There are two plans:

• Monthly: billed every month. No free trial.
• Annual: billed once a year, and the only plan that carries the free trial described above.

The price you pay is the price shown in the App and on the App Store product page before you subscribe, in your local currency. App Store prices vary by region and may change; any change takes effect for future billing periods only, and Apple notifies you of a price increase and asks for your agreement where its rules require it.

Fair-use limits

Voice transcription and AI person recognition run on third-party services we pay for per use, so both are subject to reasonable daily limits per account. The limits are set at a level intended not to affect ordinary evening use, and we may adjust them to keep the service running or to prevent abuse. If you reach a limit, the App tells you and the limit resets the following day; your journal, your history and typing are not affected.

Billing and Renewal

• Subscriptions are billed through your Apple ID and managed by the App Store
• Payment is charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless auto-renewal is turned off 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 at the same rate
• You can manage and cancel subscriptions in your Apple ID Account Settings

After Expiration

When your subscription or trial expires, you keep read-only access on your device to your session history, gratitude entries and insights for as long as the App is installed. Active ritual features (creating new sessions) require an active subscription.

EU/EEA Right of Withdrawal

If you are a consumer in the EU/EEA, you have in principle the right to withdraw from a distance contract within 14 days without giving any reason (Directive 2011/83/EU; in Poland, the Consumer Rights Act). Subscriptions are sold through Apple's App Store, with Apple (for EU/EEA consumers, Apple Distribution International Ltd.) as the merchant of record, so the contract of sale, the 14-day right of withdrawal and its digital-content exception are governed by the Apple Media Services Terms you accept with Apple. Under those terms and Art. 16(m) of Directive 2011/83/EU (as amended by Directive (EU) 2019/2161; Art. 38(1)(13) of the Polish Consumer Rights Act), where delivery of the digital content has started at your request with your acknowledgment that you thereby lose the right of withdrawal, and you have received confirmation of the contract on a durable medium (normally Apple's purchase receipt email), the right of withdrawal does not apply once performance has begun. If you have not given that consent, or your national law preserves the right in your circumstances, you may withdraw within 14 days using our model withdrawal form or any other unequivocal statement sent to legal_myevening@rongan.me. Independently of this right, purchases are processed by Apple and you can request a refund from Apple at reportaproblem.apple.com.

Legal Guarantee of Conformity (EU/EEA)

If you are a consumer in the EU/EEA, you benefit from a legal guarantee of conformity for digital content and digital services (Directive (EU) 2019/770, as implemented in your national law; in Poland, the Consumer Rights Act). We are liable to you for any lack of conformity of the App during the period it is supplied. If the App does not conform to the contract, you may be entitled to have it brought into conformity, to a proportionate reduction in price, or to terminate the contract. Nothing in these Terms limits that legal guarantee.

Refunds

Refund requests are handled by Apple according to their refund policy. To request a refund, visit reportaproblem.apple.com or contact Apple Support.

Why Apple, and not us. We do not take your payment. Under Apple's Developer Program License Agreement, Apple is appointed as our agent for App Store sales and, in the EU/EEA and a number of other countries, as our commissionaire: Apple sells to you in its own name but on our behalf. Apple is therefore the merchant of record: it charges you, issues your receipt, and processes refunds. This is why the fastest route to a refund is always Apple, and why your receipt comes from Apple rather than from us. It does not change who is responsible for the App itself: the service contract in these Terms is with us, and your consumer rights described in §§ 4, 10, 18 and 19 are ours to answer.

5. Your Content and Data

Your content (including your gratitude entries, tomorrow tasks, the names and details of people you thank, session history, and settings) is currently stored on your device and, when iCloud is available, in your own iCloud private database, synced through Apple's CloudKit so it transfers to your other devices under your Apple ID. You own everything you create. To run the App, you grant us and our providers a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit and process your content to the extent needed to operate, secure, maintain and improve the App, as described in the Privacy Policy, which we may update. We claim no other rights to your content.

The two features below transmit parts of your content off your device for processing. They, and our other data flows, are described in full in our Privacy Policy:

• Voice transcription (when you choose to speak): if you dictate an entry, your microphone audio is streamed over an encrypted connection to our backend and on to a third-party speech-to-text provider for real-time transcription. If you prefer not to transmit voice audio, you can type your entries instead.
• AI person detection (when you save a gratitude entry): recognizing the people you thank across nights is a core feature of the App. When AI features are on and you save a gratitude entry, the text of that entry and the names and aliases of the people on your list are sent to our backend and on to a third-party AI provider to suggest who you are thanking. The provider may retain the request and the model's response for a limited period, during which our team may review them to diagnose and improve detection quality.

The AI features run only after you agree to them during setup, by tapping Agree and continue beneath a statement of what is sent and where. You can turn them off at any time in Settings under AI features; dictation and person suggestions then stop, and you can keep typing your entries.

Which providers we use for these two features, where they are located, what they receive, how long they keep it, and whether they may use it to improve their own models are set out in our Privacy Policy and on our Sub-processors page. We may change or add providers; the current list is on the Sub-processors page, which we update when it changes.

AI outputs may be inaccurate. Voice transcription and person-detection suggestions are produced by automated AI systems and may be inaccurate or incomplete: a transcript may not match what you said, and a suggestion may identify the wrong person or miss one. You can edit any transcript before you save it. Person detection works inside your own private journal: when the match to someone already in your list is unambiguous the entry is tagged for you automatically; when several people could match, the candidates are offered on the entry itself; when nobody matches, we ask you. While you are writing the entry you can change or remove any tag, and you can delete a person, and everything linked to them, at any time. AI outputs are a convenience feature, not advice, and you should not rely on their accuracy for any decision.

We do not sell your content.

Data loss: Your journal content lives on your device and, when iCloud is available, in your own iCloud private database; we do not currently hold a copy on our servers and cannot recover it for you. iCloud sync provides continuity across your devices, but it depends on your iCloud account, settings, and storage; you remain responsible for maintaining backups through iOS backup mechanisms (iCloud Backup or local backups via Finder/iTunes). We cannot recover journal data lost due to device failure, App deletion, disabled or full iCloud storage, iOS updates, or any other cause.

6. Acceptable Use

You agree not to:

• Reverse engineer, decompile, or disassemble the App
• Copy, modify, or create derivative works of the App
• Distribute, sell, lease, or sublicense the App
• Use the App for any unlawful purpose
• Attempt to circumvent subscription requirements or access controls
• Use automated systems or bots to interact with the App
• Enter other people's personal information in the App unlawfully, or in a way that infringes their rights: the people you name are real, and the App is for your own private record of them

Feedback and abuse. The in-App feedback form is for telling us about the App. We read it, but we do not promise to act on it or to reply, and it is not a support channel; for support, email support_myevening@rongan.me. Do not use it to send abusive, threatening, unlawful or automated content, and do not use it to send other people's personal information. We may limit how many messages an account can send in a day, and we may decline, discard or stop acting on submissions from an account that misuses the form (including without notifying you, where telling you would simply make the abuse easier to continue). We may also limit or suspend access to online features (voice transcription, person recognition and feedback) for an account that abuses the service, attempts to circumvent usage limits, or breaches these Terms. Your journal, your history and your ability to write entries on your device are not affected.

7. Intellectual Property

The App, including its design, code, visual elements, animations, icons, user interface, and all related intellectual property, is owned by Ivan Sokalskyi (operating as "My Evening") and is protected by copyright, trademark, and other intellectual property laws.

"My Evening" and the My Evening logo are unregistered trademarks used by Ivan Sokalskyi (operating as "My Evening"). You may not use our trademarks without prior written permission.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms and the Apple App Store terms.

8. Health and Wellness Disclaimer

My Evening is a wellness tool, not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease, medical condition, or mental health disorder.

• The breathing exercises are for general relaxation purposes only and are not a substitute for medical treatment
• If you have a respiratory condition, heart condition, or any health concern, consult a healthcare professional before using breathing exercises
• The gratitude journaling and planning features are general wellness tools and do not constitute psychological therapy or counseling
• If you experience sleep disorders, anxiety, depression, or other mental health concerns, please seek professional medical help

9. Research Citations

The App and Website reference peer-reviewed research studies to provide context for the App's features. These citations are provided for informational purposes only and:

• Do not constitute medical or scientific advice
• Describe outcomes from controlled studies; individual results may vary significantly
• Are not claims that the App will produce identical results for every user
• Should not be relied upon as a basis for medical decisions

10. Limitation of Liability

This section applies only to the maximum extent permitted by applicable law and is expressly subject to your non-excludable consumer rights. Nothing in this section excludes, restricts, or modifies any guarantee, warranty, right, or remedy that cannot lawfully be excluded under the consumer-protection law of your country of residence, including, where applicable, the Australian Consumer Law (see § 19), the UK Consumer Rights Act 2015, the EU Consumer Sales/Digital Content Directives and the Polish Consumer Rights Act (see § 4, "Legal Guarantee of Conformity"), and US federal and state consumer-protection statutes. Where any such law applies, the disclaimers and the liability cap below operate only to the extent that law permits.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the App will be uninterrupted, error-free, or free of harmful components. We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App, including but not limited to:

• Data loss resulting from device failure, App deletion, iOS updates, or any other cause
• Inability to access features after subscription expiration
• Interruption of service due to device or operating system issues
• Any health-related outcomes from using or relying on the App's features

Subject to the non-excludable consumer rights described at the start of this section, our total liability to you for all claims arising from or related to the App shall not exceed the amount you paid for the App in the 12 months preceding the claim. This cap does not apply to liability that cannot be limited under applicable law (for example, liability for a major failure under the Australian Consumer Law).

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) damage caused intentionally or through gross negligence (liability for damage caused intentionally cannot be excluded under Article 473 § 2 of the Polish Civil Code); (c) fraud or fraudulent misrepresentation; (d) liability for defective products that cannot be excluded or limited by contract, including under Directive (EU) 2024/2853 and national product liability law; or (e) any other liability that cannot be excluded or limited under applicable law. The exclusions and the cap above must be read subject to this paragraph.

11. Indemnification

If you use the App to do something deliberately unlawful (for example, to harass someone, or to infringe another person's rights knowingly or recklessly) and a third party brings a claim against us because of it, you are responsible for that claim to the extent it was caused by your own deliberate or reckless conduct. Nothing in this section makes you responsible for anything else: not for ordinary use of the App, not for our own acts or omissions, and not for the way we or our providers operate the service.

Nothing in this section limits any non-waivable consumer protection rights you have under the laws of your country of residence (including, where applicable, the Polish Consumer Rights Act, EU Directive 2011/83/EU, the UK Consumer Rights Act 2015 and the Australian Consumer Law).

12. Ending the Agreement, and Restrictions on Online Features

You. You may stop using the App at any time by uninstalling it from your device. Cancel any active subscription through your Apple ID Account Settings to avoid future charges. You can wipe everything on this device at any time with Delete All Data, which needs neither a network connection nor an account. Deleting your account with us additionally needs our servers to accept the request; if your account is restricted, write to support_myevening@rongan.me and we will process the deletion.

Us: what we can actually do. We cannot take the App off your device or lock you out of it, and we have no ability to reach into or delete what is stored on your device or in your iCloud. What we can do is restrict your account's access to the features that need our servers: today, voice transcription, AI person recognition, sending feedback, verifying your subscription, and deleting your account with us. We will do that only where it is proportionate, and only for one of these reasons:

• a material breach of these Terms, including the Acceptable Use rules in § 6
• unlawful use of the App, or use that harms other people
• attempts to circumvent usage limits, access controls or subscription requirements
• conduct that threatens the security, integrity or availability of the service for others

We hold no e-mail address for you, so in most cases we cannot contact you to tell you that a restriction has been applied; the App will simply report that the online feature is unavailable. If an online feature stops working and you do not know why, write to support_myevening@rongan.me and we will tell you whether a restriction is in place and why. A restriction does not affect your journal, your history, your existing entries, typing, or iCloud sync: those work on your device with no involvement from us.

If you disagree, or if it was not your fault. Write to support_myevening@rongan.me and we will review the decision and reply. If we restrict your account for a reason that turns out not to be your fault, we will support a refund of the unused part of your paid subscription period; because Apple takes the payment and issues refunds, you request that refund at reportaproblem.apple.com and we will not oppose it. Your rights under § 10, § 18 and § 19 are unaffected.

13. Apple App Store Terms and the Standard EULA

Your licence to the App software is Apple's Licensed Application End User License Agreement (the "Standard EULA"). We do not use a custom licence agreement. Our Terms of Use (EULA) page links to Apple's text and explains how the two documents fit together.

Which document governs what. The Standard EULA governs your licence to the software and the Apple Usage Rules that come with it; where a term of these Terms conflicts with the Standard EULA on that subject matter, the Standard EULA prevails. These Terms govern everything else (your subscription and billing, refunds, your ownership of what you create, our AI features, acceptable use, our liability, and your consumer rights), and on those subjects these Terms prevail. Neither document limits any right you have that cannot be excluded under the consumer law of your country of residence (see § 10).

You acknowledge that:

• These Terms are between you and Ivan Sokalskyi (operating as "My Evening"), not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for any claims related to the App
• Apple is a third-party beneficiary of these Terms

14. Governing Law, Geographic Scope, and Disputes

Geographic scope. The App is offered for download via the Apple App Store in: the United States, Canada, the European Union and EEA (all 27 EU member states plus Iceland, Liechtenstein, and Norway), the United Kingdom, and Australia. Other regions are not currently in scope and the App is not intended for use outside this list.

Governing law. These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland (operator's seat), without regard to conflict-of-law principles. This choice of law does not deprive a consumer of the protection afforded by mandatory provisions of the law of the consumer's country of habitual residence (e.g., EU Directive 2011/83/EU, the Polish Consumer Rights Act, the UK Consumer Rights Act 2015, US federal and state consumer-protection statutes, Canadian provincial consumer-protection acts, and the Australian Consumer Law; see §§ 18 and 19).

Polish-language Regulamin. For consumers resident in Poland we also publish a Regulamin in Polish. It and these Terms are meant to say the same thing. If they nevertheless differ, the Regulamin and mandatory Polish law take precedence for a Polish consumer, as § 10 ust. 2 of the Regulamin states.

Disputes. Any disputes arising from these Terms or your use of the App shall be resolved through good-faith negotiation first. If negotiation does not resolve it: you may bring proceedings against us either in the courts of the country where you live or in the Polish courts, whichever you prefer; and we will bring proceedings against you only in the courts of the country where you live. That is the rule for consumers and we do not ask you to agree to anything narrower: in the EU it is what Articles 18 and 19 of Regulation (EU) No 1215/2012 (Brussels Ia) require, and comparable protections apply in the United Kingdom, Canada and Australia. Where you are not a consumer, the competent courts at the operator's seat (Wrocław, Poland) have jurisdiction. Nothing here prevents you from relying on a non-excludable right to a local forum or remedy under the law where you live; for Australian consumers, that expressly includes the rights and remedies under the Australian Consumer Law described in § 19.

Alternative dispute resolution. EU consumers may also refer a dispute to an alternative dispute resolution (ADR) body in their country of residence; in Poland, the competent ADR body for consumer disputes is the Trade Inspection (Inspekcja Handlowa), and the European Consumer Centres Network (ECC-Net) can assist with cross-border complaints. We are not obliged to participate in, and do not commit in advance to, ADR proceedings, but we will consider any ADR request in good faith. (The European Commission's former Online Dispute Resolution platform was discontinued on 20 July 2025 and is no longer available.)

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Legal Notice, our Terms of Use (EULA) page and the Apple Standard EULA it links to, and (for Polish-resident consumers) our Regulamin, constitute the entire agreement between you and Ivan Sokalskyi (operating as "My Evening") regarding your use of the App, superseding any prior agreements.

Our Privacy Policy and Cookie Policy are given to you as information about how we handle personal data, as data-protection law requires. They describe what we do; they are not contract terms, and you are not asked to agree to them. Keeping them accurate and up to date is our obligation, and updating them is not a change to this contract.

17. Changes to These Terms

We may modify these Terms for valid reasons, such as: changes in applicable law or regulatory requirements; changes to the App's features, pricing structure, or third-party service providers; security or fraud-prevention needs; or correction of errors and ambiguities. When we make material changes, we will update the "Last updated" date at the top of this page and give you reasonable advance notice (at least 15 days where practicable) within the App or on this website before the changes take effect. Changes do not apply retroactively.

If you do not agree to the revised Terms, stop using the App and cancel any active subscription before the changes take effect; where a change materially disadvantages you, you may terminate the contract before its effective date. Your continued use of the App after the revised Terms take effect constitutes acceptance of the changes.

18. United Kingdom: Consumer Rights

If you are a consumer in the United Kingdom, you have rights under the Consumer Rights Act 2015 that cannot be excluded or limited by these Terms. In particular, digital content supplied to you must be of satisfactory quality, fit for any particular purpose you made known to us, and as described. If it is not, you may be entitled to a repair or replacement, a price reduction, or, where applicable, a refund, in accordance with that Act. Nothing in these Terms affects these statutory rights.

You may also have a right to cancel a distance contract within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. As with the EU right of withdrawal, where the subscription is supplied as digital content and you have expressly consented to immediate performance and acknowledged that you thereby lose the cancellation right, that 14-day cancellation right does not apply. App Store purchases and refunds are administered by Apple; see § 4 (Refunds) and Apple's reportaproblem.apple.com.

Complaints. If you are unhappy with anything about the App or how we have dealt with you, write to support_myevening@rongan.me (or, for a data-protection complaint, privacy_myevening@rongan.me). When we tell you the outcome of a complaint, we will also tell you what further steps are open to you if you are dissatisfied, including any alternative dispute resolution arrangement we are obliged to take part in, a duty under section 308 of the Digital Markets, Competition and Consumers Act 2024, in force since 6 April 2026. As § 14 explains, we are not obliged to participate in, and do not commit in advance to, ADR proceedings; where that remains the position there will be no such arrangement to name, and we will say so plainly.

Data-protection complaints. You have a right to complain directly to us about how we handle your personal data, under section 164A of the Data Protection Act 2018. Send it to privacy_myevening@rongan.me. We will acknowledge it within 30 days of receiving it, make whatever enquiries are appropriate, keep you updated on progress, and tell you the outcome; the 30 days is our deadline to acknowledge, not our deadline to answer. Your other data-protection rights are described in our Privacy Policy. You do not have to come to us first: you can complain to the UK Information Commissioner's Office (ICO) at ico.org.uk at any time, whether or not you have raised it with us.

19. Australia: Consumer Guarantees

If you are a consumer in Australia, our services come with guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be excluded. The disclaimers and limitation of liability in § 10, and any other provision of these Terms, apply to you only so far as the Australian Consumer Law permits.

These guarantees include that services are rendered with due care and skill, are reasonably fit for any purpose you made known to us, and are supplied within a reasonable time. The unfair-contract-terms provisions of the Australian Consumer Law also apply to our standard-form subscription. Information about your consumer rights is available from the Australian Competition and Consumer Commission (ACCC) at accc.gov.au.

Subscriptions are sold and refunded through the Apple App Store; refund requests can be made via Apple at reportaproblem.apple.com. Privacy complaints may be raised with us and, if unresolved, with the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.

20. Contact

Questions or concerns about these Terms? Contact us using any of the channels below:

• Legal email: legal_myevening@rongan.me
• Support email: support_myevening@rongan.me
• Postal mail: Ivan Sokalskyi, ul. Edwarda Abramowskiego 45, 51-663 Wrocław, Poland

Full operator details are also available on our Legal Notice page.