By accessing, registering for, or using ShiftGlitch ("the App", "we", "our", "us"), you ("User", "you") agree to be bound by these Terms and Conditions ("Terms") in their entirety. If you do not agree with any part of these Terms, you must immediately cease using the App.

These Terms constitute a legally binding agreement between you and Lourens Breytenbach, the sole operator of ShiftGlitch (contact: lourensbreytenbach.com).

These Terms apply globally and are subject to applicable South African law (including POPIA), the UK GDPR, the EU GDPR (Regulation 2016/679), the California Consumer Privacy Act (CCPA), and other applicable data protection frameworks where relevant.

ShiftGlitch is designed as a self-directed study motivation and organisation tool. Features such as breathing exercises, grounding prompts, journaling, and mood tracking are provided purely as self-help productivity aids for entertainment and general wellbeing interest.

ShiftGlitch is explicitly NOT:

• A mental health application
• A counselling or psychotherapy service
• A crisis intervention or suicide prevention service
• A medical device or health application
• A substitute for professional psychological, psychiatric, or medical care
• A diagnostic tool of any kind

The "Marty" AI character and all content within the App are provided for motivational and organisational purposes only. Marty is a fictional AI-generated character and is not a qualified counsellor, therapist, coach, or mental health professional. Nothing Marty says constitutes professional advice.

Lourens Breytenbach, as creator and operator, expressly disclaims any and all liability for decisions made or actions taken based on content within the App. Use of the App does not create any professional, therapeutic, or duty-of-care relationship of any kind.

ShiftGlitch is designed with young users in mind, including users under the age of 18. Users under 18 must have the consent of a parent or legal guardian to use the App.

Parents and guardians are responsible for supervising their child's use of the App and for ensuring it is appropriate for their child's individual needs. We strongly encourage parents and guardians to discuss the App's content and limitations with their children.

The App is not designed for children under the age of 13. If we become aware that a user is under 13 without verifiable parental consent, we will delete their account and associated data promptly.

To the maximum extent permitted by applicable law, Lourens Breytenbach and ShiftGlitch shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

• Your use of or inability to use the App
• Any reliance on content, prompts, or responses generated within the App
• Mental, emotional, or physical harm arising from use of the App
• Data loss, service interruptions, or technical failures
• Any decisions made based on information within the App

This limitation applies even if we have been advised of the possibility of such damages.

Where statutory law does not permit exclusion of certain warranties or limitations of liability (e.g. under the South African Consumer Protection Act 68 of 2008), liability is limited to the maximum extent permitted by that law.

All content, design, code, branding, character names (including "Marty Finch"), copy, and structure of the App are the intellectual property of Lourens Breytenbach unless otherwise stated. You may not reproduce, redistribute, reverse-engineer, or create derivative works without express written permission.

You agree not to use the App to:

• Violate any applicable law or regulation
• Attempt to gain unauthorised access to any part of the App or its infrastructure
• Transmit harmful, abusive, or unlawful content
• Impersonate any person or entity

We reserve the right to suspend or terminate access for any user who violates these Terms.

The App may integrate with third-party services (e.g. authentication providers, hosting infrastructure). We are not responsible for the practices, terms, or privacy policies of third-party services. Use of such services is at your own risk.

We reserve the right to amend these Terms at any time. Continued use of the App following notification of changes constitutes acceptance of the revised Terms. Material changes will be communicated through the App where reasonably practicable.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts, without prejudice to your statutory rights under applicable local law.

The responsible party / data controller for personal information processed through ShiftGlitch is:

We collect and process the following minimal data:

• Email address — used solely for authentication and account recovery
• Study session minutes — anonymous duration data per session
• Mood scores — optional self-reported numerical scores (1–10)
• Task labels — optional, user-created text labels for sessions
• App preferences — dark mode, notification settings, daily goal
• Today's checklist items — stored per day, user-created only
• Journal entries — stored as typed by the user, not analysed or shared

We do not collect: full name, date of birth, phone number, location, school details, images, biometric data, financial information, or any sensitive personal information as defined by POPIA Section 26.

We process your personal information under the following legal bases:

• Consent (POPIA s11(1)(a); GDPR Art.6(1)(a)) — you provide information voluntarily
• Contractual necessity (POPIA s11(1)(c); GDPR Art.6(1)(b)) — to provide the App's core functionality
• Legitimate interest (POPIA s11(1)(f); GDPR Art.6(1)(f)) — to maintain app security and improve functionality

Special categories of data (e.g. health or psychological data) are not deliberately collected. Mood scores are treated as general wellbeing indicators only and are not used for clinical analysis.

Your information is used solely to:

• Provide and personalise App functionality
• Display your study history and progress
• Send optional study nudge notifications (only if enabled by you)
• Maintain your account and preferences

We do not: sell your data, share it with advertisers, use it for profiling, or disclose it to third parties except where required by law.

We apply automatic rolling data deletion to minimise the personal data we hold at any time:

• Study session records — automatically deleted after 31 days
• Journal reflections — automatically deleted after 31 days
• Daily checklist entries — automatically deleted after 7 days

This purge happens automatically each time the user opens the app, ensuring no stale personal data accumulates. Upon account deletion, all remaining associated personal data will be permanently erased within 30 days.

Depending on your jurisdiction, you have the following rights:

• Right of access — to request a copy of the personal data we hold about you
• Right to correction — to request correction of inaccurate data
• Right to erasure — to request deletion of your data ("right to be forgotten")
• Right to restriction — to restrict processing in certain circumstances
• Right to object — to object to processing based on legitimate interest
• Right to data portability — to receive your data in a structured, machine-readable format
• Right to withdraw consent — at any time, without affecting lawfulness of prior processing
• CCPA rights — California residents may request disclosure, deletion, and opt-out of sale (we do not sell data)

To exercise any of these rights, contact us via lourensbreytenbach.com. Requests will be responded to within 30 days (POPIA) / one month (GDPR).

We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, alteration, disclosure, or destruction. Data is stored on encrypted infrastructure provided by our platform provider. No transmission over the internet is 100% secure, and we cannot guarantee absolute security.

In the event of a data breach that poses a risk to your rights and freedoms, we will notify you and the relevant supervisory authority within the timeframes required by applicable law.

The App uses only essential session cookies required for authentication. We do not use advertising cookies, tracking pixels, or third-party analytics beyond what is necessary to operate the App. No cross-site tracking is conducted.

We are committed to protecting the privacy of young users. In accordance with the UK Children's Code (Age Appropriate Design Code), POPIA, and COPPA (where applicable):

• We apply data minimisation principles by default
• We do not collect more data than necessary for core functionality
• We do not use children's data for profiling or marketing
• Parental/guardian consent is required for users under 18
• Users under 13 are not permitted to register without verifiable parental consent

Your data may be processed on infrastructure located outside of South Africa. Where data is transferred internationally, we ensure appropriate safeguards are in place in accordance with POPIA Section 72 and GDPR Chapter V requirements, including reliance on standard contractual clauses or adequacy decisions where applicable.

We may update this Privacy Policy from time to time. We will notify users of material changes through the App. Your continued use following notification constitutes acceptance of the revised policy.

For any privacy-related queries, data access requests, or complaints, contact:

If you are in the EU/UK and are not satisfied with our response, you have the right to lodge a complaint with your local data protection supervisory authority. South African users may contact the Information Regulator (South Africa) at justice.gov.za/inforeg.