1. Agreement to Terms

By downloading, installing, or using ThenObserve ("the App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and House of Then, LLC ("we," "us," "our," "Company").

2. About ThenObserve

ThenObserve is a trigger recognition and logging application designed to help users develop self-observation skills by documenting patterns that prompt reactive behavior. The App provides:

Core Features (Free Tier)

• One (1) active trigger
• Unlimited occurrence logging for that trigger
• Access to trigger library with 25+ pre-built trigger examples across 5 categories
• Chronological review of logged occurrences
• Quick logging with optional notes and timestamp editing
• 33-breath observation session
• Hourly notification nudges (configurable with sleep hours)

Premium Features (ThenObserve+)

• Unlimited active triggers
• Custom tags per occurrence
• Weekly heatmap visualization with historical browsing
• iCloud sync across your devices
• Full history retention when deactivating triggers
• Tag frequency and time distribution analytics

3. Premium Services (ThenObserve+)

ThenObserve+ Premium Subscription

Prices may vary by region and are subject to change. Current pricing is always displayed in the App Store.

As an alternative to ThenObserve+, you may purchase ThenBecome, a suite subscription that unlocks premium features across all Then apps (ThenCommit, ThenAudit, ThenFocus, ThenObserve, and future ThenBecome suite apps).

ThenBecome is subject to the same billing, renewal, and refund terms as ThenObserve+. If you subscribe to both ThenObserve+ and ThenBecome, you will be billed for both subscriptions. We do not have the ability to cancel subscriptions on your behalf, and you must do so yourself. ThenBecome includes all features of ThenObserve+, so a separate ThenObserve+ subscription is not necessary when subscribed to ThenBecome.

Billing and Renewal

• Subscriptions are processed through your Apple ID account via the Apple App Store
• Payment charged to your Apple ID at confirmation of purchase
• Subscriptions automatically renew unless 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 subscriptions in iOS Settings > [Your Name] > Subscriptions

Free Trials and Promotional Offers

• We may offer free trials or promotional pricing from time to time
• Terms of trials/promotions will be clearly stated at time of offer
• Trials may convert to paid subscriptions unless canceled before trial period ends

No Refunds

All purchases are final and non-refundable except as required by applicable law. Contact Apple Support for refund requests on App Store purchases.

4. User Accounts and Registration

No Personal Account Required

ThenObserve does not require you to create a personal account with email or password. The App operates using:

• Local device storage for your trigger and occurrence data
• Your Apple ID for subscription management (if you purchase premium)
• Your iCloud account for cloud sync (premium feature, optional)

Data Ownership

You retain all rights to the observation data you create within ThenObserve. Your trigger names, descriptions, occurrence notes, and tags are your personal property. We claim no ownership over your personal reflection data.

5. Acceptable Use

Permitted Use

You may use ThenObserve for:

• Personal trigger recognition and self-observation
• Documenting patterns that prompt reactive behavior
• Reflection and personal development
• Mindfulness and awareness practices

Prohibited Use

You may NOT:

• Use the App for any unlawful purpose or in violation of these Terms
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the App
• Modify, adapt, translate, or create derivative works of the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use the App to track or monitor others without their explicit consent
• Share your subscription access with others or use it on devices you do not own
• Attempt to circumvent premium feature restrictions
• Use automated systems or bots to interact with the App
• Interfere with or disrupt the App's functionality or servers (if applicable)
• Attempt unauthorized access to iCloud containers, databases, or App infrastructure

6. Intellectual Property

Our Intellectual Property

ThenObserve, including its design, features, trigger library content, user interface, code, and documentation, is owned by House of Then, LLC and protected by:

• United States and international copyright laws
• Trademark laws
• Other intellectual property rights and laws

The ThenObserve name, logo, and related marks are trademarks of House of Then, LLC.

Trigger Library Content

The 25+ pre-built triggers in our trigger library (names, descriptions, examples) are original content created by House of Then, LLC. You may:

• Use library triggers for personal observation within the App
• Customize library triggers for your own use

You may NOT:

• Extract, copy, or republish our trigger library content for commercial use
• Create competing trigger libraries or apps using our content
• Distribute our trigger content outside the App

Your Content

You retain ownership of your personal observation data (trigger names you create, occurrence notes, tags, etc.). By using the App, you grant us a limited license to:

• Store your data locally on your device
• Sync your data to your iCloud account (if you enable cloud sync)
• Display your data within the App interface
• Process your data for features like heatmap generation and analytics

We do NOT claim rights to your personal content and will not use it for marketing, training, or other purposes.

Feedback

If you provide feedback, suggestions, or ideas about ThenObserve ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use that Feedback to improve the App. We have no obligation to compensate you for Feedback or to implement any suggestions.

7. Privacy and Data

Privacy Policy

Our collection, use, and protection of your data is governed by our Privacy Policy, available at: https://houseofthen.com/pages/thenobserve-privacy-policy

Key privacy principles:

• Local-first data storage (data stays on your device)
• Optional iCloud sync for premium users (uses your iCloud account)
• Minimal data collection (we don't store your personal observations on our servers)
• No selling or sharing of personal data
• Compliance with CCPA and GDPR

iCloud Sync

If you enable iCloud sync (premium feature):

• Your triggers and occurrences are synced to your personal iCloud account
• Data transmission is between your devices and Apple's iCloud service
• We do not have access to your iCloud data
• Syncing uses your iCloud storage quota
• Subject to Apple's iCloud Terms of Service
• You can disable sync at any time

8. Disclaimers and Limitations

"As Is" Provision

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of data
• Uninterrupted or error-free operation

Not Medical or Therapeutic Advice

IMPORTANT: ThenObserve is a self-observation tool, not a medical device or therapeutic intervention.

• The App is NOT a substitute for professional medical advice, diagnosis, or treatment
• We make no claims that the App will diagnose, treat, cure, or prevent any condition
• If you have mental health concerns, consult a qualified healthcare professional
• The App does not provide medical or psychological advice
• Your use of the App for personal reflection does not create a provider-patient relationship

No Guaranteed Results

We do not guarantee that using ThenObserve will:

• Reduce reactive behavior
• Improve emotional regulation
• Create specific behavioral changes
• Provide therapeutic benefits
• Achieve any particular outcome

Results, if any, vary by individual and depend on many factors outside the App's control.

Data Accuracy and Loss

While we strive for reliability:

• We do not guarantee the accuracy of timestamps, counts, or analytics
• Data loss may occur due to device issues, iCloud sync conflicts, or software bugs
• You are responsible for backing up important data
• We are not liable for lost, corrupted, or inaccessible data

Third-Party Services

The App relies on third-party services including:

• Apple App Store and iOS
• Apple iCloud (for cloud sync)
• RevenueCat (for subscription management)

We are not responsible for failures, changes, or issues with these third-party services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Liability Cap

Our total liability to you for any claims arising from or related to the App or these Terms is limited to the amount you paid us in the twelve (12) months preceding the claim. If you are a free user, our liability is limited to $0.

Excluded Damages

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Emotional distress or psychological harm
• Damages resulting from your use or inability to use the App
• Damages from third-party services (Apple, iCloud, RevenueCat)
• Data loss, corruption, or sync conflicts
• Errors, bugs, or inaccuracies in the App

Basis of Bargain

These limitations reflect the allocation of risk between us and are fundamental to our agreement. The App's pricing reflects these limitations.

10. Indemnification

You agree to indemnify, defend, and hold harmless House of Then, LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your observation data or content
• Your use of premium features or iCloud sync

11. Term and Termination

Term

These Terms remain in effect while you use the App.

Termination by You

You may stop using the App at any time by:

• Deleting the App from your device
• Canceling your premium subscription (if applicable)

Termination by Us

We reserve the right to:

• Suspend or terminate your access to premium features for violation of these Terms
• Discontinue the App or specific features at any time
• Modify subscription pricing or feature availability with notice

Effect of Termination

Upon termination:

• Your right to use the App ends immediately
• You must delete the App from your devices
• Local data may remain on your device unless you delete it
• iCloud synced data may remain in your iCloud account unless you delete it
• Subscription charges stop upon cancellation (no refunds for unused time)
• Provisions regarding intellectual property, disclaimers, and limitations survive termination

12. Changes to Terms

We may modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top
• Material changes will be announced within the App or via notification
• Continued use after changes constitutes acceptance of updated Terms
• If you disagree with changes, stop using the App

You can review the current Terms at: https://houseofthen.com/pages/thenobserve-terms-and-conditions

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Delaware and the United States, without regard to conflict of law principles.

Informal Resolution

Before filing a claim, you agree to contact us at support@houseofthen.com to attempt informal resolution. We will attempt to resolve disputes in good faith within 30 days.

Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

If informal resolution fails, you agree that any dispute arising from these Terms or the App will be resolved by binding arbitration, NOT in court.

Arbitration Terms:

• Arbitration conducted under the American Arbitration Association (AAA) Consumer Arbitration Rules
• Arbitration in Delaware or your county of residence (at your option)
• One arbitrator, not a jury
• Arbitrator's decision is final and binding
• Limited discovery compared to court proceedings

Exceptions:

• Small claims court (if claim qualifies)
• Intellectual property disputes
• Claims for injunctive relief

Class Action Waiver

YOU AGREE TO ARBITRATE DISPUTES INDIVIDUALLY, NOT AS PART OF A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

You waive the right to participate as a plaintiff or class member in any class action, consolidated action, or representative proceeding.

Opt-Out of Arbitration

You may opt out of arbitration by sending written notice to support@houseofthen.com within 30 days of first using the App. Your notice must include:

• Your name
• Device identifier or Apple ID (if applicable)
• Statement: "I opt out of arbitration"

If you opt out, disputes will be resolved in courts of Delaware.

14. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and House of Then, LLC regarding the App.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

Assignment

You may not assign or transfer these Terms. We may assign these Terms to any successor or acquirer.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, network outages, government actions, etc.).

15. Contact Information

In-App Support: Settings > Contact Support

BY USING THENOBSERVE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

If you have questions about these Terms, please contact us before using the App.

Thank you for using ThenObserve. We're committed to providing a private, minimal, and focused tool for developing self-observation skills.

1. Our Commitment to Your Privacy

ThenObserve is designed with privacy as a core principle. Your trigger observations and personal reflections are yours alone. We've built ThenObserve with a local-first approach—your data stays on your device unless you choose to enable iCloud sync.

2. Information We Collect

Data You Create (Stored Locally)

ThenObserve stores the following data locally on your device:

• Trigger Information: Trigger names, descriptions, creation dates, and category associations from the trigger library
• Occurrence Logs: Timestamps, optional notes, and tags (premium feature) for each logged trigger occurrence
• Observation Session Data: Breath counts and session completion records for the 33-breath observation practice
• App Preferences: Notification settings, sleep hours, haptic feedback preferences, and other user-configurable options

Important: This data is stored exclusively on your device using iOS secure local storage (SQLite database). We do not transmit this data to any ThenObserve servers. There are no ThenObserve servers storing your personal observation data.

Optional iCloud Sync (Premium Feature)

If you enable iCloud sync as a premium subscriber:

• Your triggers and occurrence data are synced to your personal iCloud account
• Data is transmitted only between your devices and Apple's iCloud service
• We do not have access to your iCloud data
• Syncing uses your iCloud storage quota
• You can disable iCloud sync at any time in Settings

Premium Subscription Data

If you purchase ThenObserve+ (our premium subscription):

• Transaction Identifiers: We use RevenueCat to process subscriptions. RevenueCat receives anonymous transaction identifiers to verify your premium status
• Subscription Status: We store whether you have an active premium subscription to enable premium features
• No Personal Information: We do not receive your name, email, payment details, or other personal identifiers through the subscription process

Technical Data

We collect minimal technical information to maintain app functionality:

• Device Information: Device model, iOS version, app version (for compatibility and debugging)
• Anonymous Crash Reports: Optional crash diagnostics to identify and fix bugs (you can opt out in iOS Settings)
• Notification Tokens: Device notification tokens to deliver hourly check-in nudges (if notifications enabled)

3. What We Do NOT Collect

ThenObserve does not collect, store, or transmit:

• Personal identifiers (name, email, phone number, address)
• Location data or GPS coordinates
• Health data or HealthKit information
• Contact lists or social connections
• Biometric information
• Photos or camera access
• Microphone or audio recordings
• Browsing history or behavioral analytics
• Third-party advertising identifiers
• Your trigger content or occurrence notes (unless you enable iCloud sync)

4. How We Use Your Data

Local Data Usage

• Core Functionality: Display your triggers, log occurrences, show review lists, and track today's counts
• Notifications: Schedule hourly check-in nudges based on your sleep hour preferences
• Analytics (Premium): Generate heatmap visualizations and tag frequency charts using your local data
• Observation Sessions: Track breath counts during the 33-breath practice

Cloud Sync Usage (Premium, Optional)

• Multi-Device Access: Sync your triggers and occurrences across your iOS devices via your personal iCloud account
• Conflict Resolution: Automatically resolve conflicts when the same trigger is modified on multiple devices (last-write-wins strategy)
• Data Backup: Your iCloud-synced data serves as a backup accessible from any of your devices

All processing happens on your device or within your iCloud account. We do not analyze, aggregate, or use your observation data for any purpose.

5. Data Storage and Security

Local Storage

• Data stored in iOS secure local storage using SQLite
• Protected by iOS sandboxing and device-level encryption
• Only accessible by ThenObserve on your device
• Automatically encrypted if you enable iOS device encryption

iCloud Storage (When Enabled)

• Data synced to your personal iCloud account using CloudKit
• Container ID: iCloud.com.houseofthen.thenobserve
• Protected by Apple's end-to-end encryption for CloudKit data
• Subject to Apple's iCloud Terms of Service and Privacy Policy
• Uses your iCloud storage quota

Premium Subscription Storage

• RevenueCat stores anonymous subscription status and transaction receipts
• No personal data beyond what Apple App Store requires for purchases
• RevenueCat Privacy Policy: https://www.revenuecat.com/privacy

6. Data Sharing and Third-Party Services

RevenueCat (Subscription Management)

Purpose: Manages premium subscription verification
Data Shared: Anonymous app user ID and transaction identifiers
Privacy Policy: https://www.revenuecat.com/privacy

Apple Services

• App Store: Handles app distribution and payment processing
• iCloud: Provides optional sync functionality for premium users
• CloudKit: Powers iCloud sync with end-to-end encryption
• Privacy Policy: https://www.apple.com/privacy

No Other Third Parties

• We do not share your data with advertisers, analytics companies, or data brokers
• We do not sell your personal information
• We do not use third-party tracking or advertising SDKs

7. Your Privacy Rights

Data Access and Export

• View Your Data: All your triggers and occurrences are visible within the app's Review screen
• Export Your Data: (Future feature) Export your observation data in machine-readable format
• Debug View: Premium users can view all iCloud data in Settings > Debug section

Data Deletion

• Delete Occurrences: Swipe to delete individual occurrence logs in the Review screen
• Delete Triggers: Deleting a trigger removes it and all associated occurrences
• Delete All Data: Uninstalling the app removes all local data from your device
• Delete iCloud Data: Disable iCloud sync and use "Clear iCloud Data" in Settings to remove cloud-synced data

Subscription Management

• Cancel Subscription: Manage your ThenObserve+ subscription through iOS Settings > [Your Name] > Subscriptions
• Restore Purchases: Use "Restore Purchases" in ThenObserve Settings to restore premium access on a new device

8. Regional Privacy Protections

California Privacy Rights (CCPA)

If you are a California resident:

• Right to Know: You can request details about the personal information we collect
• Right to Delete: You can request deletion of your personal information
• Right to Opt-Out: We do not sell personal information, so no opt-out is required
• Non-Discrimination: We will not discriminate against you for exercising your privacy rights

Note: Since ThenObserve stores data locally on your device, you already have full control over your data. Deleting the app or your data within the app exercises your deletion rights.

European Privacy Rights (GDPR)

If you are in the European Economic Area (EEA), UK, or Switzerland:

• Legal Basis: We process data based on your consent (subscription) and legitimate interests (app functionality)
• Data Portability: You have the right to export your data in a structured format (future feature)
• Right to Erasure: You can delete your data at any time within the app
• Data Minimization: We collect only what's necessary for app functionality

To exercise any of these rights, contact us at privacy@houseofthen.com. We will respond to verified requests within 30 days.

9. Children's Privacy

ThenObserve is not directed to children under 13 years of age. We do not knowingly collect personal information from children under 13. If you believe a child has provided us with personal information, please contact us at privacy@houseofthen.com.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we make changes:

• We will update the "Last Updated" date at the top of this policy
• Material changes will be announced within the app or via notification
• Continued use of the app after changes constitutes acceptance of the updated policy

11. Contact Us

For questions about this Privacy Policy or our privacy practices:

For the most responsive support: use the in-app support feature (premium users) or email us directly with "ThenObserve Privacy" in the subject line.

This Privacy Policy is governed by the laws of Delaware and the United States. By using ThenObserve, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.

Your privacy matters to us. ThenObserve is built to help you observe and understand your triggers while keeping your reflections private and secure.