Terms of Use

01 Acceptance of these terms

These Terms of Use (the "Terms") form an agreement between you and Azizbek Mizamov, an individual developer trading as PowerApps ("we", "us", "our") governing your use of the PowerDAF application for iOS (the "App").

By downloading, installing or using the App you confirm that you have read, understood and accepted these Terms. If you do not accept them, do not install or use the App.

02 Licence

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions.

This is a licence, not a sale. All rights not expressly granted to you are reserved by us.

03 Restrictions

You agree not to:

• Copy, sell, rent, sublicense, lease or otherwise distribute the App
• Reverse engineer, decompile or disassemble the App, except where that restriction is prohibited by applicable law
• Modify the App or create derivative works based on it
• Remove or obscure any copyright, trademark or other proprietary notice
• Use the App in a way that breaks any applicable law or regulation, including laws on recording other people
• Use the App to harm, harass or disturb other people

04 Not medical advice

PowerDAF is a speech practice tool. It is not a medical device, and nothing in the App or on this website is medical advice. Please read the following as part of these Terms rather than as small print:

• The App does not diagnose, treat or prevent stuttering or any other condition, it is not a course of treatment, and it does not assess your speech
• Results vary. Delayed auditory feedback makes speaking easier for some people and not for others. Where it helps, the effect usually lasts only while DAF is on, and for some people it fades with time. The same is true of the techniques, the breathing exercises and every other part of the App: we make no promise about what they will do for you
• The App is meant to complement work with a qualified speech-language therapist (speech-language pathologist), not to replace it. Where you can, choose techniques and goals with a clinician and use the App to practise them
• If stuttering began suddenly in adulthood — especially after a head injury, a stroke, severe stress or a change of medication — see a doctor, such as a neurologist, and a speech-language therapist. That kind of onset needs to be examined, not practised away
• Stop using the App and talk to a professional if practising leaves you distressed, or if your speech, hearing or breathing changes in a way that worries you

05 Safe use and limits

Live DAF plays your own voice, and masking noise if you turn it on, straight into your headphones. Please use it with care:

• Use headphones for live DAF. The App will not start it through the iPhone speaker, a car’s audio system, AirPlay or HDMI, because the microphone would pick the sound back up. Wired headphones work best; Bluetooth headphones add a delay of their own
• Keep the volume moderate. Your own voice should sound a little louder than usual, no more. The App limits its own output and masking levels, but how loud it finally is depends on your iPhone’s volume and on your headphones
• Take breaks — 10 to 20 minutes at a time is plenty. Ringing or muffled hearing after a session means the volume was too high; stop, and if it does not pass, see a doctor
• Do not use live DAF or masking noise while driving, cycling, crossing a road, operating machinery or anywhere else you need to hear what is going on around you
• If a breathing exercise makes you light-headed or short of breath, stop and breathe normally
• A recording can pick up other people nearby. Record only where that is appropriate and lawful

What the App cannot do

So that there is no confusion about what you are getting, the following are limits of the App, stated as part of these Terms:

• It does not analyse or judge your speech. It never counts stutters and gives no fluency score; the practice log holds only what you practised, for how long, and what you chose to note
• The real delay it shows is an estimate — the delay you set plus the latency iOS reports for your microphone and headphones — not a measurement taken at your ear. Bluetooth latency in particular varies from one pair of headphones to another
• It cannot tell how loud your headphones are, or whether they are on your ears
• “Find your delay” compares two delays by ear. Its result is your preference on the day, not a clinical setting
• The reading passages, metronome lines and other practice material are written separately for each language the App supports. They are practice material, not a clinical programme, and they may contain mistakes — if you find one, please tell us
• Reminders are scheduled by iOS and depend on your notification and Focus settings; the App cannot make sure one arrives

06 Disclaimer of warranties

The App is provided "as is" and "as available", without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

We do not warrant that the App will be uninterrupted, error-free, compatible with every device, headphone or iOS version, or that it will achieve any specific result — including any change in how fluently you speak.

07 Limitation of liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of data, profit, revenue or goodwill, arising out of or in connection with your use of, or inability to use, the App.

This expressly includes any hearing discomfort, and any damage to your device, headphones or connected equipment, resulting from use of the App contrary to the guidance in section 5, and any decision about your health or treatment made in reliance on the App contrary to section 4.

Where liability cannot be excluded, our total aggregate liability is limited to the greater of the amount you paid for the App in the twelve months before the claim, or USD 10.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities, so parts of the two sections above may not apply to you. In that case, our liability is limited to the smallest extent permitted by law, and nothing in these Terms limits your statutory consumer rights.

08 Purchases

PowerDAF is free to download, and almost all of it is free with no time limit: live DAF, pitch shift and masking over their full range, the presets, all ten techniques, the reading library, “Before talking”, breathing, the metronome, the progress log and its export. It offers a single optional in-app purchase, PowerDAF Pro, which adds practice material: your own texts in the pacer, and situation rehearsals (one of them, “Introducing yourself”, is free). It is a one-time purchase. There is no subscription, nothing renews, and you are never charged again.

• The purchase is sold and processed by Apple through your Apple Account. The price is shown in the App, and on the App Store, before you buy
• It is tied to your Apple Account and can be shared with your Family Sharing group. You can restore it on your other devices with the Restore purchase action in the App, at no extra cost
• Because it is a one-time purchase, there is no renewal to manage and nothing to cancel
• Refunds are handled by Apple under its own policies; we cannot issue refunds directly. Request one through reportaproblem.apple.com. A refund ends Pro access; it does not delete anything you created in the App
• Buying Pro adds material to practise with. It does not make DAF or any technique work better, and it changes nothing in section 4

09 Intellectual property

The App, its source code, design, user interface, icons, media assets, name and logo are owned by us and protected by copyright and other laws. "PowerDAF" and "PowerApps" are the names we use for this app and its publisher; nothing in these Terms grants you any right to use them without our prior written permission.

Apple, iPhone, iPad, iOS and App Store are trademarks of Apple Inc. We are not affiliated with, endorsed by or sponsored by Apple Inc.

10 Privacy

Your use of the App is also covered by our Privacy Policy, which explains that the App has no account, no analytics and no server, that live audio is processed in memory and never saved, and that everything you do in the App stays on your iPhone unless you share it yourself. The Privacy Policy is incorporated into these Terms by reference.

11 Termination

This licence remains in effect until terminated. It ends automatically if you breach any of these Terms, and you may end it at any time by deleting the App from your devices. Sections 4, 6, 7, 9 and 13 survive termination.

We may modify, suspend or discontinue the App, in whole or in part, at any time and without liability to you.

12 Apple-specific terms

These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. You acknowledge that:

• Apple has no obligation to provide any maintenance or support for the App
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation
• Apple is not responsible for addressing any claim relating to the App, including product liability, legal or regulatory compliance, or consumer protection claims
• Apple is not responsible for investigating, defending, settling or discharging any third-party claim that the App infringes intellectual property rights
• You represent 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
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you

13 Governing law

These Terms are governed by the laws of the Republic of Uzbekistan, where the publisher is established, without regard to their conflict-of-law rules. Disputes arising from them may be brought before the courts of the Republic of Uzbekistan.

That choice does not take away rights you already have where you live, and is not intended to. If you are a consumer, the mandatory consumer protection rules of your own country continue to apply in full, and you keep the right to bring proceedings in the courts of your country of residence. This is expressly the case in the European Economic Area and the United Kingdom, and applies anywhere else whose law says so.

14 Changes to these terms

We may update these Terms from time to time. The revised version takes effect when it is posted on this page, and the "Last updated" date will change accordingly. Your continued use of the App after that point means you accept the new Terms.

15 Contact

Questions about these Terms? Write to azizmizamov@yandex.com.