Effective Date: November 27, 2024. This document supersedes all prior versions.
Akiya is a fitness tracking app developed by asimetriq OÜ. Your data is stored locally on your device and, if your device is signed into iCloud, synchronized to your personal iCloud account using CloudKit. We do not have access to that data. We do not sell or share your data. Apple handles all billing and refunds.
These Terms of Service (“Terms”) govern your use of the Akiya mobile application (“App”) for iOS and watchOS, provided by asimetriq OÜ (“we”, “us”, “our”). This agreement is between you and asimetriq OÜ only, and not with Apple, Inc. asimetriq OÜ, not Apple, is solely responsible for the App and its content.
By using Akiya, you confirm that you:
You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial use on Apple-branded devices that you own or control, as permitted by the Apple App Store Terms of Service.
You may not:
If you sell or transfer your device to a third party, you must remove the App before doing so.
Refunds can only be requested through Apple. Visit https://reportaproblem.apple.com. We cannot issue refunds directly.
If a free trial is offered, you will be charged at the end of the trial unless you cancel beforehand.
You retain all rights to the data you create.
The App uses HealthKit only with your explicit permission to read and write health data. You control permissions in iOS Settings → Health → Data Access & Devices. Health data accessed through HealthKit is never used for advertising, marketing, or data mining purposes, and is never sold or shared with third parties.
The App is not a medical device and does not provide medical advice. Always consult a qualified healthcare professional before beginning any fitness program or making health-related decisions.
You acknowledge that exercise involves risk and that data in the App may not always be accurate.
The App is provided “as is” without warranties of any kind, express or implied, to the extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You acknowledge that Apple has no warranty obligation whatsoever with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
To the maximum extent permitted by law:
asimetriq OÜ is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge that asimetriq OÜ, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to:
The App and its content are owned by asimetriq OÜ and protected by applicable intellectual property laws.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, asimetriq OÜ, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
The App uses Apple services (App Store, iCloud, HealthKit, WatchConnectivity). Apple is not responsible for the App's operation. You must comply with applicable third-party terms of agreement when using the App, including your wireless data service agreement.
We may modify or discontinue the App at any time. No refunds are provided for discontinued services; Apple handles refunds per their policy.
To the extent permitted by law, you agree to indemnify and hold harmless asimetriq OÜ from any claims, damages, or expenses arising from your use of the App or violation of these Terms.
These Terms are governed by the laws of Estonia.
We may terminate your access to the App for violations of these Terms. No refunds will be issued except through Apple.
You acknowledge and agree that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Material changes will be notified in-App. Continued use after changes constitutes acceptance.
For any questions or concerns regarding these Terms of Service, please contact:
asimetriq OÜ
Sepapaja 6
Tallinn 15551
Estonia
Email: [email protected]
Registration Number: 14400536
VAT: EE102037638
This Privacy Policy describes how Akiya handles personal information. The App stores data locally and, if iCloud is enabled on your device, synchronizes data to your personal iCloud account automatically. We do not operate servers that store your personal data.
HealthKit: Health data is read or written only with your explicit permission. This data is used solely to provide App functionality and is never used for advertising, marketing, data mining, or shared with third parties.
Location: If enabled, the App may collect GPS coordinates during workouts for display and activity analysis. Location data is stored locally and is not shared, tracked, or used for advertising.
Sync Metadata: Includes timestamps used to coordinate iCloud or device sync. This is not used for analytics.
Data is used only to provide App functionality, including:
Data is not used for advertising, analytics, machine learning, or any purpose other than providing App functionality.
Your data is stored on your device using iOS standard data protection.
If your device is signed into iCloud and has iCloud Drive enabled, your Akiya data is automatically synchronized to your private CloudKit database. This is part of normal iOS behavior. You may disable iCloud sync at any time in iOS Settings → [Your Name] → iCloud → Akiya.
We cannot access your iCloud data. Apple encrypts this data and we do not have access to the encryption keys.
Data syncs securely between your iPhone and Apple Watch using Apple's WatchConnectivity framework.
We do not sell, rent, or share your data with any third parties.
Apple may process your data according to its own policies when using HealthKit, iCloud, or App Store services. We encourage you to review Apple's Privacy Policy at www.apple.com/privacy.
Your data benefits from Apple's built-in device encryption and iCloud encryption. Data in the Health app is encrypted with your device passcode. No system is completely secure, so maintaining device and Apple ID security remains your responsibility.
Your data remains on your device and in iCloud until deleted by you. We do not retain your data on our servers.
You may delete your data at any time by:
Because we do not store your data on our servers, most rights can be exercised directly on your device.
Under the General Data Protection Regulation, you have the right to:
You may withdraw consent for data collection at any time by adjusting permissions in iOS Settings → Privacy & Security (for HealthKit and Location) or by uninstalling the App.
For data portability, you may:
The App is not directed at children under 13. We do not knowingly collect personal data from children under 13. If you believe a child under 13 has provided data through the App, please contact us and we will assist with deletion.
Data may be stored in Apple's iCloud infrastructure depending on your region and Apple's policies. We do not transfer data to our own servers. Apple's data handling is governed by Apple's Privacy Policy.
The App does not include third-party links or external services beyond Apple's integrated services.
If changes are material, we will notify you within the App. Continued use after notification constitutes acceptance of the updated policy.
For privacy-related inquiries, please contact:
asimetriq OÜ
Sepapaja 6
Tallinn 15551
Estonia
Email: [email protected]