Terms of Use & End User License Agreement — Identity First
These Terms of Use and End User License Agreement (the “Terms”) form a binding agreement between you and Daniel Spencer (“we”, “us”, “our”) and govern your access to and use of Identity First (the “App”). By downloading, creating an account, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
1. The agreement and who it’s with
This is an agreement between you and us, the developer. Apple is not a party to these Terms and is not responsible for the App or its content. Apple is, however, a third-party beneficiary of these Terms and may enforce them against you (see Section 15).
You must be at least 13 years old to use the App. If you are under the age of majority in your jurisdiction, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. Licence to use the App
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use one copy of the App on any Apple-branded device that you own or control, as permitted by the Apple App Store Terms of Service and the Usage Rules in them. This licence is for your own personal, non-commercial use.
You may not: copy, modify, or create derivative works of the App; reverse-engineer, decompile, or disassemble it except to the extent this restriction is prohibited by applicable law; rent, lease, lend, sell, redistribute, or sublicense the App; remove or alter any proprietary notices; or use the App in any way not permitted by these Terms.
3. Your account
To use the App you create an account with an email address and password. You are responsible for keeping your login credentials secure and for all activity under your account. You agree to provide accurate information and to keep it up to date. Notify us promptly at support@identityfirst.co if you believe your account has been accessed without your authorisation. We are not liable for losses arising from your failure to keep your credentials secure, except to the extent caused by our own fault.
4. Subscriptions, billing, and cancellation
Identity First offers paid subscriptions that unlock premium features. The following terms apply to all purchases.
- Payment through Apple. All purchases are processed by Apple through your App Store account. We do not receive or store your payment card details. Pricing is shown in the App before you confirm a purchase.
- Auto-renewal. Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your App Store account is charged for renewal within 24 hours before the period ends, at the price and frequency disclosed at purchase.
- Managing and cancelling. You can manage or cancel your subscription at any time in your device’s App Store account settings (Settings → your name → Subscriptions). Cancelling stops the next renewal; it does not retroactively refund the current period.
- Free trials, where offered, convert to a paid subscription automatically unless you cancel before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
- Refunds. Purchases are handled by Apple, and refund requests are subject to Apple’s policies; we generally cannot grant refunds directly. This does not affect any statutory refund or cancellation rights you may have under applicable consumer law.
- Price changes. We may change subscription prices. Where required by Apple or by law, you will be notified and asked to consent before a price increase takes effect; otherwise changes apply from your next billing period.
Subscription management features in the App are provided with the help of our subscription provider, RevenueCat (see Section 9).
5. Your content
The identities, habits, completions, notes, and other material you create in the App (“Your Content”) belong to you. We do not claim ownership of Your Content.
To operate the App, you grant us a limited, worldwide, royalty-free licence to host, store, back up, process, and display Your Content solely for the purpose of providing the App to you — for example, syncing your data across your devices and calculating your streaks and progress. This licence exists only so we can run the service for you and ends when you delete the relevant content or your account, subject to the retention described in our Privacy Policy.
You are solely responsible for Your Content and confirm you have the right to store it. The App lets you write free-text notes; please only record information you are comfortable storing, and do not enter content that is unlawful or infringes anyone’s rights.
6. Acceptable use
You agree not to use the App to:
- break any applicable law or regulation, or infringe anyone’s rights;
- attempt to gain unauthorised access to the App, other users’ accounts, or our systems;
- interfere with, disrupt, or place an unreasonable load on the App or its infrastructure;
- probe, scan, or test the vulnerability of the service, or circumvent its security or authentication;
- use automated means (bots, scrapers) to access the App except as expressly permitted; or
- reverse-engineer or otherwise attempt to extract the source code, except where the law permits.
We may suspend or terminate access that breaches these Terms (see Section 14).
7. Health and wellbeing — important disclaimer
Identity First is a self-improvement and habit-tracking tool for general informational and motivational purposes only. It is not a medical device, and it does not provide medical, psychological, therapeutic, or other professional advice.
The App’s content, prompts, streaks, scores, and notifications are not a substitute for professional care. Do not disregard or delay seeking professional advice because of something in the App. If you are struggling with your mental or physical health, please consult a qualified professional. If you may be in crisis or danger, contact your local emergency services or a relevant helpline immediately.
You use the App and make decisions about your habits and wellbeing at your own discretion and risk.
8. Our intellectual property
The App itself — including its software, design, branding, name, logo, text, graphics, and the identity/colour system — is owned by us or our licensors and is protected by intellectual-property laws. These Terms grant you a licence to use the App; they do not transfer any ownership to you. The rights in Your Content (Section 5) remain yours.
9. Third-party services
The App relies on third-party services to function, including Supabase (backend and authentication), RevenueCat (subscription management), and Apple (distribution, payments, and push notifications). Your use of the App may also be subject to those providers’ own terms, and they handle data as described in our Privacy Policy. We are not responsible for the acts or omissions of third-party providers, and their services are provided on their own terms.
10. Availability and changes to the App
We aim to keep the App available and working, but we provide it on an “as available” basis. We may update, change, suspend, or discontinue the App or any feature at any time, including for maintenance, security, or to comply with law. Where a change materially reduces a paid feature you are actively subscribed to, we will act reasonably and in line with your statutory rights.
11. Disclaimers
To the fullest extent permitted by law, and subject to Section 12, the App is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that it will meet your requirements, or that data will never be lost.
Nothing in these Terms removes or limits any rights you have under mandatory consumer protection law (in the UK, including the Consumer Rights Act 2015), which sit alongside these Terms.
12. Limitation of liability
Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded under applicable law (including your non-excludable statutory consumer rights).
Subject to the above, and to the fullest extent permitted by law:
- We are not liable for: loss of profit, revenue, business, or anticipated savings; loss of or damage to data (beyond our duty to take reasonable backup measures); or any indirect or consequential loss — in each case whether or not foreseeable.
- Our total aggregate liability to you arising out of or in connection with the App and these Terms, for all claims in any 12-month period, is limited to the greater of (a) the total amount you paid for the App in the 12 months before the event giving rise to the claim, or (b) £30.
This cap reflects the fact that Identity First is a low-cost consumer subscription app; it is set at a modest level rather than excluding liability aggressively, consistent with what is fair and enforceable under UK and EU consumer law.
13. Indemnification
To the extent permitted by law, you agree to indemnify and hold us harmless from claims, losses, and reasonable costs arising from your breach of these Terms, your misuse of the App, or Your Content, except to the extent the claim results from our own fault. This does not apply to consumers where prohibited by applicable law.
14. Suspension and termination
You may stop using the App and delete your account at any time in the App’s settings. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if necessary to protect the App or other users — where practical and appropriate, with notice. On termination, the licence in Section 2 ends and you must stop using the App; Sections that by their nature should survive (e.g. 5, 8, 11, 12, 13, 16) continue to apply. Deleting your account removes your data as described in our Privacy Policy.
15. Apple-specific terms
These provisions apply because the App is distributed through the Apple App Store. In the event of any conflict between this Section and the rest of these Terms, this Section governs with respect to your use of the App on Apple devices.
- Acknowledgement. These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the App and its content.
- Scope of licence. The licence granted to you is limited to a non-transferable licence to use the App on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple App Store Terms of Service.
- Maintenance and support. We, not Apple, are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
- Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation regarding the App.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
- Intellectual property. If a third party claims the App infringes its intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim, to the extent required by these Terms.
- Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- Developer contact. Questions, complaints, or claims regarding the App should be directed to us at support@identityfirst.co.
16. Governing law and disputes
These Terms and any dispute arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction — except that, if you are a consumer resident elsewhere, you benefit from any mandatory protections of the law of your country of residence, and may be able to bring proceedings there. Nothing in this Section affects your statutory consumer rights.
17. General
- Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us regarding the App and supersede any prior agreements on that subject.
- Severability. If any provision is found unenforceable, the rest remains in effect.
- Waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent. We may assign them as part of a reorganisation, merger, or sale, without reducing your rights.
- Changes to these Terms. We may update these Terms from time to time. We will update the “Last updated” date and, where appropriate, notify you in the App. Continued use after changes take effect constitutes acceptance; if you do not agree to a change, stop using the App and you may cancel your subscription as described in Section 4.
18. Contact
Questions or requests regarding these Terms:
Daniel Spencer Email: support@identityfirst.co
These Terms are governed by the laws of England and Wales.