BREAKR — TERMS OF USE & EULA

1. INTRODUCTION & ACCEPTANCE OF TERMS

Welcome to Breakr. Breakr is owned, operated, and sold by 99 Degrees Creative Studio LLC (the legal vendor and merchant of record). Our mission is to empower individuals to reclaim their time, eliminate digital distractions, and achieve deep focus.

These Terms of Use, together with our Privacy Policy and the Apple Standard End User License Agreement (EULA), govern your download, installation, access, and use of the Breakr iOS application and related services (collectively, the "Service").

By downloading, installing, accessing, or using Breakr, you agree to be legally bound by these Terms. If you do not agree to all terms and conditions set forth herein, do not download, install, or use the App.

2. SCOPE OF LICENSE & INTELLECTUAL PROPERTY (APPLE STANDARD EULA)

Breakr is licensed, not sold, to you. Subject to your strict compliance with these Terms and the Apple Media Services Terms and Conditions, 99 Degrees Creative Studio LLC grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the App on Apple-branded iOS devices that you own or control.

You agree not to, and will not permit any third party to:

• Copy, modify, adapt, translate, reverse-engineer, disassemble, decompile, or attempt to derive the source code of the App or any underlying algorithms;
• Distribute, lease, rent, loan, sell, sublicense, or make the App available over a network to be used by multiple devices simultaneously outside of Apple's authorized Family Sharing rules;
• Remove, alter, or obscure any proprietary notices, trademarks, or copyright labels;
• Create derivative works based upon the App, its design, code, or branding.

All right, title, and interest in and to Breakr—including all UI designs, graphics, branding, text, code, features, and intellectual property—remain the sole and exclusive property of 99 Degrees Creative Studio LLC.

3. ON-DEVICE PROCESSING & APPLE SCREEN TIME API

Breakr is engineered around on-device privacy principles:

• Apple Screen Time API: On iOS, Breakr utilizes Apple's official Screen Time frameworks (FamilyControls, ManagedSettings, and DeviceActivity) to schedule blocks, restrict app access, and manage focus sessions.
• Strict Local Execution: Detailed application usage statistics, lists of blocked applications, and personal device activity remain sandboxed directly on your Apple device. Breakr servers do not inspect, collect, or store your private screen time activity or browsing history.

4. SOCIAL & "TRIBE" FEATURES (REFERRAL CODES)

Breakr offers a community accountability feature known as the "Tribe":

• Referral Code Mechanism: You can join or invite friends to your Tribe using an invite/referral code ("Ref Code"). You may share your referral code directly with friends via messaging services or social media at your own discretion.
• No Contact Harvesting: Breakr does not upload, read, or store your personal address book or contact telephone numbers. Tribe connections are established strictly via inputting a valid referral code.
• Shared Tribe Focus: When you connect with friends in a Tribe, only high-level accountability data (such as collective focus streaks, shared focus goals, or tribe badges) are visible to your confirmed Tribe members. Per-app usage, private screen time breakdowns, and personal habits are never disclosed to other members.
• Opt-Out: Participation in Tribe features is voluntary. You can leave a Tribe or disconnect from members at any time directly in the App.

5. SUBSCRIPTIONS & IN-APP PURCHASES

Breakr may be downloaded for free and provides core focus functionality. We may also offer optional premium subscriptions ("Breakr Pro" / "Breakr Premium") granting enhanced features and advanced customization:

• Apple In-App Billing: All subscriptions and in-app purchases are processed directly by Apple through your Apple ID account. Payment will be charged to your Apple ID upon confirmation of purchase.
• Automatic Renewal: Subscriptions automatically renew unless auto-renew is turned off or canceled at least 24 hours prior to the expiration of the current billing cycle. Your account will be charged for renewal within 24 hours prior to the end of the current period.
• Subscription Management: You can manage or cancel your subscriptions at any time by going to your iOS device Settings > [Your Name / Apple ID] > Subscriptions.
• Free Trials: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.

6. REFUND POLICY

How refund requests are handled depends on the transaction method:

• App Store Purchases (Apple): Because all iOS subscriptions and in-app purchases are processed directly through Apple's App Store, Breakr does not collect, access, or hold your credit card or financial payment information. Consequently, 99 Degrees Creative Studio LLC does not have the technical or billing capability to issue refunds directly. If you are seeking a refund, you must submit your request directly to Apple following their official procedures at https://reportaproblem.apple.com.
• Direct Website Purchases (if applicable): For any purchases completed directly through our official website, refund requests submitted to support@99degrees.studio within 30 days of the original transaction date will be reviewed in accordance with applicable consumer protection laws.

7. ACCEPTABLE USE & USER CONDUCT

You agree to use Breakr only for lawful purposes. You agree not to:

• Circumvent, disable, or tamper with any security-related features, licensing checks, or restriction mechanisms in the App;
• Transmit any worms, viruses, malware, or malicious code designed to disrupt device operations;
• Use the App in any manner that could interfere with, damage, or overburden our infrastructure or third-party Apple frameworks;
• Harass, abuse, stalk, or harm any individual using the Tribe referral feature or other communication channels.

8. DISCLAIMER OF WARRANTIES ("AS IS")

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF BREAKR IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ALL ASSOCIATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

99 DEGREES CREATIVE STUDIO LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THAT BREAKR WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPATIBLE WITH EVERY HARDWARE OR IOS UPDATE.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL 99 DEGREES CREATIVE STUDIO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER—INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, FAILURE TO TRANSMIT OR RECEIVE NOTIFICATIONS, OR ANY OTHER COMMERCIAL LOSSES—ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE BREAKR, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00 USD) OR THE TOTAL AMOUNT PAID BY YOU TO BREAKR IN THE PRECEDING TWELVE (12) MONTHS, WHICHEVER IS LESS.

10. TERMINATION

This agreement is effective until terminated by you or 99 Degrees Creative Studio LLC. You may terminate your agreement at any time by uninstalling and deleting the App from all your devices.

Your rights under this agreement will terminate automatically without notice if you fail to comply with any provision of these Terms. Upon termination, you must cease all use of the App and destroy all copies thereof.

11. GOVERNING LAW & JURISDICTION

This Agreement and the relationship between you and 99 Degrees Creative Studio LLC shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without giving effect to any conflict of law provisions.

If you are a consumer residing in the European Union, the United Kingdom, Switzerland, Norway, or Iceland, mandatory consumer protection laws of your habitual residence shall apply.

12. CHANGES TO THESE TERMS

We reserve the right to revise, update, or amend these Terms of Use at any time. If changes are material, we will indicate the revised date at the top of this document and, where appropriate, notify you through the App or website.

Your continued use of Breakr following the posting of updated Terms constitutes your acknowledgment and acceptance of the revised Terms.

13. CONTACT INFORMATION

If you have any questions, feedback, or legal inquiries regarding these Terms of Use, please reach out to us: