Important: Capacity Gauge is a wellness and motivational app. It does not provide medical advice, clinical assessments, or diagnoses. It is not a medical device and is not regulated as Software as a Medical Device (SaMD). Do not use it to make medical or clinical decisions. Always consult a qualified healthcare professional for any health concerns.
By downloading, installing, or using Capacity Gauge (the “App”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, do not use the App.
These Terms constitute a legal agreement between you and Radoslaw Jozefowicz (“Developer”, “we”, “us”). They are governed by the laws of Poland and, where applicable, the European Union.
Capacity Gauge is designed exclusively as a personal wellness tool. It reads biometric signals (sleep duration, heart rate variability) and calendar data to generate a motivational readiness score intended to help you reflect on your daily energy and workload. It is not designed, tested, or approved for any medical purpose.
The App is expressly not a Software as a Medical Device (SaMD) as defined by the EU MDR 2017/745, the FDA, or any other regulatory authority. It does not:
Nothing in the App, including any score, label, suggestion, or notification, constitutes medical advice. The readiness score is a motivational indicator only. Do not use it to make decisions about medication, exercise intensity, surgery, or any other medical matter.
If you experience symptoms of a medical condition, contact a qualified healthcare professional immediately. Do not rely on Capacity Gauge in an emergency.
The App reads data from Apple Health contributed by third-party wearables (e.g. Ultrahuman, Whoop, Oura, Garmin, Apple Watch). The accuracy of this data depends entirely on the manufacturer of your device. We make no representation about the accuracy, completeness, or clinical validity of any biometric measurement.
You must be at least 13 years old (or 16 in the EEA) to use the App. By using the App, you confirm that you meet this requirement. The App is intended for general wellness use by adults; it is not designed for use by individuals with medical conditions that require clinical monitoring.
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on Apple devices you own or control, solely for your personal, non-commercial wellness purposes, in accordance with these Terms and the Apple App Store Terms of Service.
You may not:
The App offers a one-time lifetime purchase (“Lifetime Pro”) that unlocks additional features. All purchases are processed by Apple through the App Store. Purchase validation is handled by RevenueCat, Inc. in accordance with their Privacy Policy.
Refunds are subject to Apple’s refund policy. You can request a refund via reportaproblem.apple.com. We do not process refunds directly.
Features available in the free tier may change over time; we will not remove features that were previously available to paid users without reasonable notice.
Our Privacy Policy is incorporated into these Terms by reference. In summary: all health and calendar data is processed on-device and never transmitted to us. We operate no servers that handle your personal data.
The App is provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any defects will be corrected.
The readiness score is a heuristic estimate based on publicly available wellness research. It is not clinically validated and may not accurately reflect your actual physiological state. Individual results will vary. The score is intended as a reflection prompt, not a definitive measurement.
To the maximum extent permitted by applicable law, the Developer shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App, including but not limited to:
In jurisdictions that do not allow limitation of liability for personal injury or for incidental or consequential damages, our liability shall be limited to the greatest extent permitted by law.
Nothing in these Terms affects your statutory rights as a consumer under EU or UK law, including your right to receive a conforming product and to seek remedies for non-conformity.
The App integrates with the following third-party services:
We are not responsible for the practices or content of any third-party services.
The App, including its name, logo, design, code, and all content, is owned by Radoslaw Jozefowicz and protected by copyright and other intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
We reserve the right to discontinue the App or remove it from the App Store at any time. If the App is discontinued, your locally stored data and lifetime purchase entitlement remain on your device. Your licence to use any downloaded version of the App continues subject to these Terms.
We may update these Terms from time to time. Material changes will be notified via an App Store update description or an in-app notice. Continued use of the App after the effective date of any change constitutes acceptance of the revised Terms.
These Terms are governed by the laws of Poland. Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of Polish courts, except where mandatory local consumer protection law provides otherwise.
If you are a consumer in the EU, you may also be entitled to use the EU Online Dispute Resolution platform.
Radoslaw Jozefowicz
radek@jozefowicz.dev
capacity.jozefowicz.dev