Agreement
These Terms of Use (“Terms”) govern your access to and use of FоnВеt: Victory Ahead (the “app”), published by Batya Elbaz (“we,” “us,” or the “operator”). By installing or using the app, you agree to these Terms. If you do not agree, do not use the app.
License
We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple devices you own or control, subject to the Apple Media Services Terms and these Terms. You may not reverse engineer the app except where applicable law expressly permits; copy or redistribute the app except as allowed by Apple’s rules; or use the app to build a competing service that reproduces its deterministic beat-grid and cue-spacing engine.
What you receive
The app provides a local workbench to assemble Victory Protocol sessions: choose session length aligned to the product’s typical ten-minute flow, select a bundled audio track and tempo, pick a breath cadence, enter short affirmations, generate a synchronized timeline, play the session, and optionally save, clone, compare, or export protocols as implemented on your device. Features depend on the version you install; materials in the App Store listing and release notes describe what that build actually includes.
Your content
You retain ownership of affirmation text and other content you enter. You grant us only the limited right to process that content on your device so the app can compile timelines, play audio, and store archives locally. We do not claim a broad license to use your text for marketing or model training under the offline design described in the product plan.
Health and performance disclaimer
The app is for athletic performance and mental preparation before training or competition. It is not medical care, psychotherapy, or emergency assistance. Breathing and focus exercises can affect how you feel; stop if you become dizzy or unwell. Do not use the app instead of advice from a qualified health professional. We make no guarantee of competitive outcomes, personal records, or injury prevention.
Safe use
Do not use the app while driving, operating machinery, or in situations where divided attention is unsafe. Use reasonable volume when wearing headphones. The engine limits overlapping voice cues in design, but you are responsible for your environment and exertion level.
Purchases and fees
The product context supplied for these Terms does not specify in-app purchases, subscriptions, or consumables. If you paid for the app or any feature, that transaction is processed by Apple under Apple’s payment terms unless a future version clearly states otherwise inside the app. We do not describe separate billing portals operated by Batya Elbaz for this product.
Availability and changes
We may update, limit, or discontinue features to improve stability or comply with law. Because core functionality is offline, updates generally require downloading a new version from the App Store. We do not promise uninterrupted access to every archived protocol across all future versions; keep your own backups if you export them.
Privacy
Our Privacy Policy explains on-device data handling. It is incorporated into these Terms by reference.
Disclaimer of warranties
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that beat alignment, focus scores, or archive cloning will be error-free in every edge case.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATYA ELBAZ AND AFFILIATES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS IF NO SUCH PAYMENT APPLIES. Some jurisdictions do not allow certain limits; in those cases our liability is limited to the fullest extent permitted by law.
Indemnity
You agree to indemnify and hold harmless the operator from claims arising out of your misuse of the app, your content, or your violation of these Terms, except to the extent caused by our intentional misconduct where liability cannot be excluded.
Governing law
These Terms are governed by the laws of Israel, without regard to conflict-of-law rules, except where mandatory consumer protections in your country of residence require otherwise. Courts in Israel shall have non-exclusive jurisdiction over disputes, subject to mandatory consumer venues where applicable.
Contact
Questions about these Terms: [email protected] (Batya Elbaz, Israel).