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 13 years old to use the App. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the App with the consent of a parent or legal guardian. By using the App, you represent that you meet these age requirements.

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. The content you create is stored locally on your device and synced to your own iCloud private database (never our servers); limited data is transmitted off-device 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:

• Monthly: $2.99 USD per month
• Annual: $24.99 USD per year

Prices are in US Dollars and may vary by region based on App Store pricing. Current pricing is always displayed in the App before purchase.

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 retain permanent read-only access to your complete session history, gratitude entries, and insights. 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). However, when you start your subscription you are asked to expressly consent to immediate performance of the digital service before the withdrawal period ends and to acknowledge that you thereby lose your right of withdrawal (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 you have given that consent and acknowledgment, and you have received confirmation of the contract including that consent 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.

5. Your Content and Data

The content you create in My Evening — including your gratitude entries, tomorrow tasks, the names and details of people you thank, session history, and settings — is stored locally on your device and, when iCloud is available, synced through Apple's CloudKit to your own iCloud private database (so it transfers to your other devices under your Apple ID). It is never stored on our servers. You own everything you create, and we claim no rights to your content.

Two parts of the experience involve transmitting limited data off your device for processing. These 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 a third-party speech-to-text provider (ElevenLabs, in the United States) to convert it to text in real time. We do not retain the audio on our side; provider-side handling is governed by our agreement with that provider. 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. Whenever you save a gratitude entry, the text of that entry and the names/aliases of the people it mentions are sent to our backend and an AI provider (OpenAI, in the United States) to suggest who you are thanking. The suggestion is something you can accept, reject, or edit; the request is sent with store=false and OpenAI does not train on it.

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. All AI outputs are presented for your review before they become part of your journal — you can edit any transcript, and you can accept, reject, or edit any person suggestion. AI outputs are a convenience feature, not advice, and you should not rely on their accuracy for any decision.

Apart from these flows — and the account, subscription, and operational data described in our Privacy Policy — we do not collect or transmit your journal content. We never sell your content, and we do not use it to train our own models.

Data loss: Your journal content lives on your device and, when iCloud is available, in your own iCloud private database — we hold no 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

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 § 11), 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

You agree to indemnify, defend, and hold harmless Ivan Sokalskyi (operating as "My Evening") and any contractors, agents, or service providers acting on our behalf, from any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the App, violation of these Terms, or infringement of any third-party rights. 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 and EU Directive 2011/83/EU).

12. Termination

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.

We reserve the right to terminate or suspend your access to the App if you violate these Terms. In the event of termination, your locally stored data remains on your device; we have no ability to delete it remotely.

13. Apple App Store Terms

Your use of the App is also subject to Apple's Licensed Application End User License Agreement (Standard EULA). In the event of a conflict between these Terms and Apple's EULA, Apple's EULA shall prevail to the extent required by Apple.

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).

Disputes. Any disputes arising from these Terms or your use of the App shall be resolved through good-faith negotiation first. If a dispute cannot be resolved through negotiation, you may bring proceedings in the courts of your country of residence where consumer-protection law allows; otherwise, the competent courts at the operator's seat (Wrocław, Poland) have non-exclusive jurisdiction. 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 Privacy Policy, Cookie Policy, our Legal Notice, and (for Polish-resident consumers) our Regulamin, plus Apple's Standard EULA, constitute the entire agreement between you and Ivan Sokalskyi (operating as "My Evening") regarding your use of the App, superseding any prior agreements.

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 about how we handle your personal data may be raised with the UK Information Commissioner's Office (ICO) at ico.org.uk.

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.