1. Agreement
These Terms of Use (“Terms”) apply to your use of the FirstNudge website, support resources, and services provided by Eli Linden, an individual developer (“FirstNudge,” “we,” “us,” or “our”). By using FirstNudge, you agree to these Terms.
The FirstNudge iPhone application is distributed through Apple’s App Store. Unless a custom end-user license agreement is supplied in App Store Connect, Apple’s Standard Licensed Application End User License Agreement (“Standard EULA”) governs the license to the app. These Terms supplement the Standard EULA by addressing FirstNudge’s website, assisted services, subscriptions, and product-specific rules. If these Terms conflict with nonwaivable law or applicable Apple terms, the controlling law or Apple term applies.
If you are not legally able to agree to these Terms, use FirstNudge only with the agreement and supervision of a parent or legal guardian who can agree on your behalf.
2. What FirstNudge does
FirstNudge is a general productivity tool. It lets you create and organize tasks, receive a suggested next action, plan work times, record deadlines, schedule reminders, run focus sessions, create recurring tasks, and use other task-management features.
FirstNudge can also process text you choose to submit to organize a Capture into task drafts or suggest a smaller first step. These assisted results are suggestions. You must review task titles, dates, deadlines, estimates, and other details before relying on or saving them.
FirstNudge does not send emails, make appointments, complete purchases, perform external transactions, or verify that an offline responsibility was completed. FirstNudge is not an emergency service and does not guarantee that a task, deadline, reminder, calendar suggestion, notification, or assisted result is correct, complete, delivered, or appropriate for your situation.
3. Not professional or medical advice
FirstNudge and its guides provide general productivity information. They do not provide medical, mental-health, legal, financial, educational, or other professional advice. FirstNudge is not a medical device, diagnosis, treatment, or substitute for a qualified professional. Do not use FirstNudge as the sole system for an emergency, health or safety obligation, legal deadline, financial deadline, or other matter where a missed or inaccurate reminder could cause serious harm.
4. Your tasks and submitted content
You retain your rights in task text, notes, transcripts, and other content you create. You give FirstNudge a limited permission to process content only as reasonably necessary to provide the feature you requested, secure and troubleshoot the service, enforce these Terms, and comply with law.
You are responsible for the content you submit and for confirming that you have the right to use it. Do not submit content that is unlawful, infringes another person’s rights, contains malware, attempts to bypass or disrupt the service, or includes information you are not authorized to disclose.
Avoid putting highly sensitive personal, health, financial, legal, confidential-client, trade-secret, password, or authentication information into an assisted request. The Privacy Policy explains which information leaves the device and which providers process it.
5. Assisted features and acceptable use
Assisted Capture organization and Make Smaller are provided through secured Firebase Cloud Functions and the OpenAI Responses API. You may use them only for lawful personal productivity purposes.
You may not:
- Probe, scan, overload, interfere with, or attempt unauthorized access to the app, backend, models, or related systems
- Circumvent assisted-action limits, purchase verification, App Check, authentication, or security controls
- Automate requests in a way that imposes unreasonable load or violates provider terms
- Use FirstNudge to generate or transmit unlawful, abusive, infringing, fraudulent, or malicious content
- Reverse engineer or copy the service except where applicable law expressly permits it
- Misrepresent assisted output as verified professional advice or as a completed real-world action
FirstNudge may limit or suspend assisted access when reasonably necessary to protect users, service providers, security, legal compliance, or system availability.
6. Free and Pro access
FirstNudge Free includes the manual task workflow and 10 assisted actions per UTC calendar month. FirstNudge Pro includes 150 total assisted actions per UTC calendar month, calendar-aware work-slot suggestions, and reusable multi-task routines.
One new server-assisted Capture organization or Make Smaller request reserves one assisted action. A Capture that returns several task drafts counts as one action. Retrying the same failed request with the same request ID does not consume another action. Manual task creation and editing, local search, the Now recommendation, focus sessions, reminders, and ordinary local task management do not consume assisted actions.
Limits reset by UTC calendar month. Pro’s 150-action limit is the total monthly limit, not 150 plus the Free allowance. Upgrading raises the same month’s limit without erasing actions already used. Annual and monthly Pro subscriptions receive the same monthly action limit. Reinstalling the app or restoring a purchase does not create a new allowance.
Features, limits, and availability may change for future periods to maintain or improve FirstNudge, manage costs, prevent abuse, or comply with law. Any change applies subject to applicable law and the purchase terms shown before a transaction. Changes do not authorize FirstNudge to delete or lock your locally saved manual tasks merely because a subscription ends or a limit is reached.
7. FirstNudge Pro subscriptions
The current U.S. launch prices are $4.99 per month and $39.99 per year. Apple sets and displays localized prices for each App Store storefront. The live price and billing period presented by Apple and StoreKit before you confirm purchase control the transaction.
FirstNudge Pro is an auto-renewable subscription:
- Payment is charged to your Apple Account when you confirm the purchase.
- The subscription renews for the selected period unless you cancel it through Apple before renewal.
- You can manage or cancel the subscription in your Apple Account subscription settings.
- Canceling normally leaves Pro available until the current paid period ends.
- Deleting FirstNudge does not cancel the subscription.
- Restore Purchases checks for a valid entitlement associated with the Apple Account used for purchase.
- Apple handles billing, taxes, localized prices, refunds, billing retry, and applicable price-change notices or consent.
No free trial, introductory offer, promotional discount, permanent price, or Family Sharing benefit is promised by these Terms. If Apple presents an offer in the future, the terms shown by Apple before purchase will apply to that offer.
8. Permissions and external services
Some features depend on Apple permissions or third-party services, including microphone and Speech Recognition access, notifications, calendar access, StoreKit, Firebase, and OpenAI. You may decline optional permissions, but the related feature may not work. Manual task entry remains available without microphone, speech, calendar, or notification permission.
External services can be unavailable, delayed, changed, or subject to their own terms and privacy practices. Apple controls App Store purchases, subscription management, certain speech processing, notification presentation, calendar permissions, widget scheduling, and device backups. Google Firebase and OpenAI operate the backend services described in the Privacy Policy.
9. Calendar suggestions, deadlines, and reminders
FirstNudge distinguishes a true deadline, a planned work time, and a reminder. You are responsible for checking that each date and time is accurate. Calendar-aware suggestions are possible work slots, not promises that you are available or that the task can be completed in the proposed time.
Notifications may be delayed, suppressed, grouped, or not presented because of iOS settings, Focus modes, permissions, device state, network conditions, or other factors outside FirstNudge’s control. Maintain another reliable system for critical deadlines and obligations.
10. Ownership
FirstNudge, including its software, design, branding, text, graphics, and other materials, is owned by Eli Linden or applicable licensors and is protected by intellectual-property laws. Except for the limited license supplied through the App Store and the rights expressly stated in these Terms, no right, title, or interest is transferred to you.
You may not use the FirstNudge name, logo, screenshots, or site content in a way that suggests sponsorship, endorsement, or ownership without written permission. You may link to public FirstNudge pages and share unmodified App Store links.
11. Feedback
If you voluntarily send ideas, suggestions, or feedback, you allow FirstNudge to use them without restriction or compensation, provided that FirstNudge does not publicly identify you as the source without permission. Do not send confidential information as feedback.
12. Availability and changes
FirstNudge may add, remove, improve, suspend, or discontinue features. Maintenance, provider outages, operating-system changes, security events, or legal requirements may interrupt access. We do not promise that every feature will always be available, error-free, or compatible with every future device or iOS version.
When reasonably possible, material changes that affect paid functionality will be described in the app, on the website, or through another appropriate notice. Your nonwaivable consumer rights remain unaffected.
13. Suspension and termination
You may stop using FirstNudge at any time. You can delete local data from the app or remove the app from your iPhone. Removing the app does not cancel a Pro subscription.
FirstNudge may suspend access to assisted services when reasonably necessary because of misuse, attempted circumvention, security risk, unlawful conduct, provider requirements, or material violation of these Terms. If a Pro entitlement expires or is revoked, paid features may become unavailable, but FirstNudge does not intentionally delete or lock your existing locally saved manual tasks solely for that reason.
14. Disclaimers
To the maximum extent permitted by applicable law, FirstNudge and its services are provided “as is” and “as available.” Assisted results, task estimates, recommendations, planned work times, and reminders may be incomplete, inaccurate, or unsuitable. You remain responsible for reviewing them and deciding what to do.
The Apple Standard EULA also contains warranty terms that apply to the licensed application. Nothing in these Terms excludes warranties, remedies, or consumer rights that cannot legally be excluded.
15. Limitation of liability
To the maximum extent permitted by applicable law, FirstNudge and Eli Linden will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, profits, opportunities, goodwill, or business interruption, arising from or related to FirstNudge.
To the maximum extent permitted by applicable law, total liability arising from or related to these Terms or FirstNudge will not exceed the greater of the amount you paid for FirstNudge during the 12 months before the event giving rise to the claim or fifty U.S. dollars. The Apple Standard EULA may provide a different controlling limitation for claims governed by that EULA. Some jurisdictions do not allow particular exclusions or limitations, so some of this section may not apply to you.
Nothing in these Terms limits liability that cannot legally be limited, including liability where a limitation is prohibited by applicable consumer law.
16. Changes to these Terms
These Terms may be updated to reflect changes in FirstNudge, provider requirements, or applicable law. The updated Terms will be posted with a new effective date. If a material change requires notice or consent under applicable law, FirstNudge will provide it before the change applies as required.
17. Severability and no waiver
If a provision of these Terms is found unenforceable, the remaining provisions remain in effect to the extent permitted by law. A failure to enforce a provision is not a waiver of the right to enforce it later.
18. Contact
Questions about these Terms may be sent to:
FirstNudge is provided by Eli Linden, an individual developer.