Terms of Use

01Agreement & acceptance

These Terms of Use (“Terms”) form a binding agreement between you (“you”, “the user”) and Andrii Matiushev, the independent developer publishing as “Zydeno”, established in Ukraine (“Zydeno”, “the developer”, “we”, “us”, “our”), concerning the DriftPad application for iPhone and iPad and everything in it (together, “the app”).

These Terms also serve as the End User Licence Agreement (EULA) for the app and replace Apple’s standard EULA in its entirety.

By downloading, installing, opening, or using the app — or by purchasing anything in it — you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into this agreement by reference. If you do not agree to any part of them, do not install or use the app, and delete it if you already have.

If you are agreeing to these Terms on behalf of a business, an employer, a school, a repair shop or any other organisation, you confirm that you have authority to bind it, and “you” includes that organisation.

02Eligibility & age

You may use the app only if all of the following are true.

• You are at least 13 years old, or the higher minimum age required by the law of your country of residence — for example 14, 15 or 16 in various member states of the European Economic Area, and 18 in India absent verifiable parental consent. If you are under the age of majority where you live, you may use the app only with the involvement and permission of a parent or legal guardian, who agrees to these Terms on your behalf and accepts responsibility for your use.
• You are legally capable of entering into a binding contract and are not barred from doing so under any applicable law.
• Your use of the app is lawful where you are.
• You are not located in, ordinarily resident in, or acting on behalf of a person in a country or territory subject to comprehensive sanctions, and you are not on any restricted-party list. See §18.

Purchases require additional capacity. To buy a subscription or the one-time unlock you must be old enough to form a binding contract in your jurisdiction, or have the express permission of the parent or guardian who controls the Apple Account being charged. Parents and guardians can require approval for — or entirely block — in-app purchases using Apple’s Screen Time, Ask to Buy and Content & Privacy Restrictions features. We cannot see, approve, reverse, or refund a purchase; that is entirely between the Apple Account holder and Apple. See §11.9.

The app is rated for a general audience. It contains no advertising, no chat, no social features, no user profiles, no text-entry fields and no user-generated public content of any kind.

03What DriftPad is — and is not

3.1 What it is

DriftPad is a consumer diagnostic utility for game controllers connected to an iPhone or iPad. It reads the values a controller reports through Apple’s GameController framework and presents them. It lets you:

• see buttons, D-pads, thumbsticks, triggers, bumpers and system buttons respond live as you use them;
• run a measurement on a thumbstick — including drift beyond the system dead zone — and receive a plain-language verdict rather than only a wall of numbers;
• check vibration, haptics, adaptive triggers, the light bar, motion sensors, battery level and the touchpad, where the controller reports them;
• see which capabilities your specific controller actually exposes under iOS, and which it does not;
• keep a history of your own runs on your device and compare a controller against an earlier baseline;
• export a dated report of a run as a PDF or an image.

3.2 What it is not

• It is not a certified or calibrated measuring instrument, and makes no claim of metrological traceability to any standard.
• It is not a laboratory test, an inspection service, an appraisal, or an expert examination.
• It is not a calibration or repair tool. iOS exposes no raw HID access and no calibration path to apps, so DriftPad can describe a controller’s behaviour but cannot change, fix, or recalibrate it.
• It is not a virtual gamepad and does not let your phone act as a controller for anything.
• It is not a warranty service, a repair service, or a claims service, and it creates no relationship of any kind between you and any hardware manufacturer, retailer or marketplace.
• It is not legal, financial, commercial or professional advice, and nothing it outputs is an opinion on your rights.
• It is not affiliated with, endorsed by, sponsored by, licensed by or certified by Apple Inc., Sony Interactive Entertainment, Microsoft, Nintendo, 8BitDo, Razer, Backbone, or any other manufacturer or platform holder.
• It is not a medical, safety or life-critical device, and must not be relied upon in any situation where a failure could lead to injury, death, environmental harm, or serious property or financial damage.

3.3 Requirements

The app requires a compatible iPhone or iPad running a supported version of iOS or iPadOS, and a game controller that iOS itself recognises. Pairing a controller with your device is done in iOS Settings, by you; the app does not pair hardware. Some tests are available only where a particular controller actually reports the corresponding capability — a controller with no light bar cannot be tested for one — and the app tells you so rather than pretending otherwise.

The app is free to download, and its core testing features are free to use, with no account and no servers of ours. An optional paid tier, DriftPad Premium, unlocks additional features — see §11.

04Licence to use the app

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable personal licence to download and use one copy of the app on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

The app is licensed to you, not sold. All rights not expressly granted are reserved. This licence gives you no ownership of the app, its code, its design, its content, or any intellectual property in it.

4.1 What you may not do

Except to the strict extent that applicable law expressly permits it despite this clause — for example the limited decompilation rights granted by Article 6 of EU Directive 2009/24/EC — you must not:

• copy, reproduce, distribute, publish, rent, lease, lend, sell, resell, sublicense, or otherwise transfer or make the app available to anyone else;
• modify, adapt, translate, or create derivative works of the app;
• reverse-engineer, decompile, disassemble, or attempt to derive the source code, algorithms, methods or underlying ideas of the app;
• remove, obscure or alter any copyright, trademark or other proprietary notice;
• circumvent, disable or interfere with any security, licensing or entitlement-verification mechanism, or use the app on a modified, jailbroken or otherwise tampered-with operating system in order to obtain paid features without paying for them;
• use any automated system, script, scraper, emulator or injection tool to interact with the app;
• use the app, or anything derived from it, to build, train, benchmark or improve a competing product or service;
• use the app in any way that breaks the law, infringes anyone’s rights, or breaches the Apple Media Services Terms and Conditions.

4.2 A note on professional use

Testing controllers you intend to sell, buy, refurbish or repair — including as a trader, reseller or repair shop — is a use we expect and do not object to, and nothing in §4.1 is intended to prevent it. What the licence does not grant is the right to resell, rebrand or redistribute the app itself, to operate it as a paid service on others’ behalf under a DriftPad name, or to represent DriftPad or Zydeno as having certified, inspected or approved anything. If you use the app in a business, §8 and §16 apply to you in full. For use at scale, write to [email protected] and we will talk.

The licence terminates automatically and immediately if you breach any material term of this agreement. See §13.4.

05Diagnostic tool, not certification

This section is the honest technical basis of the app, and it is also one of the most important legal sections in this agreement. Read it before you rely on a result for anything that matters.

5.1 A DriftPad result is an observation, not a fact about your hardware

Every number and verdict the app produces describes what one controller reported, on one device, over the seconds during which you performed one test. It is a snapshot of behaviour — not a statement about the condition, quality, value, durability, conformity, merchantability or remaining life of the hardware, and not a prediction of how it will behave tomorrow. The app’s own report says so on its face: it describes observed behaviour at the time of the test, and it is not a manufacturer specification and not a legal opinion.

5.2 There is a hard floor below which nothing is measurable

iOS applies a radial dead zone to analogue-stick values inside the operating system, before any app receives them. Values inside that radius arrive as zero. DriftPad corrects for this floor where the measurement method allows, and shows it to you explicitly rather than hiding it — but the underlying limit cannot be engineered away:

• Drift smaller than the system floor is invisible to every app on this platform, including this one. A “Healthy” verdict therefore means “no drift was detected beyond the floor”, not “this controller has no drift”.
• Where a resting stick sits inside the floor, the app tells you the magnitude is not measurable from that reading instead of inventing one.
• Where too little of the stick’s rim was covered to compute a reliable result, the verdict is Inconclusive — which is a real result, not a malfunction of the app.

5.3 Many things affect a reading that have nothing to do with a fault

A measurement can be distorted, and a verdict can be wrong in either direction, because of factors entirely outside our control. These include, without limitation: how you actually performed the test and how carefully you swept the stick; a low or failing controller battery, which can look exactly like a sick stick; wireless interference, Bluetooth congestion or a marginal connection; a worn, dirty, sticky, cold, hot or damp controller; third-party or unlicensed hardware whose reporting differs from the profile iOS assumes; custom button mappings, remapping software, back-button attachments or adapters; controller firmware version and manufacturer-side calibration; the version of iOS you are running and any change Apple makes to it; other apps or system load on your device; and ordinary unit-to-unit variation between two examples of the same model.

Two different testers, two different apps, two different devices, or the same test run twice can all produce different numbers. That is a property of the measurement, not evidence that any particular result is the true one.

5.4 Results are not comparable between different models

Absolute drift magnitudes are meaningful within one controller over time. Comparing an absolute figure from one controller model against a different model — or against a figure produced by a different app using a different method — is not a valid comparison, and the app’s report states this in its own “scope of evidence”.

5.5 Timing figures are lower bounds, not input lag

The event-rate and latency figures shown in the app are derived from what the operating system reports about event delivery. Apple’s own documentation describes the underlying value as a lower bound that may exclude wired or wireless transmission time and any delay inside the controller before it transmitted. It is not end-to-end input lag, no app on iOS can measure end-to-end input lag, and these figures must not be presented as though they were.

5.6 No guarantee of accuracy — and none of acceptance

We do not warrant that any measurement, metric, score, verdict, chart, comparison, trend or report produced by the app is accurate, complete, reliable, reproducible, current, or fit for any purpose.

In particular, and without limiting §14 or §15: we make no promise whatsoever that a DriftPad report will be accepted, believed, given weight, or acted upon by any seller, buyer, marketplace, payment provider, retailer, manufacturer, warranty administrator, insurer, repair shop, arbitrator, regulator or court. Whether anyone accepts your evidence is entirely outside our control, and we accept no responsibility for the outcome of any dispute, claim, sale, purchase or proceeding in which a report is used or refused.

06“As is”, at your own risk

The app is provided strictly on an “as is” and “as available” basis, with all faults and defects, and you use it entirely at your own risk.

Said plainly, and without hiding it in small print at the end of the document:

• The app may contain bugs, errors, defects and inaccuracies. All software does. We do not promise that it is free of them, that we will find them, or that we will fix any of them.
• It may malfunction, freeze, crash, behave unexpectedly, produce a wrong number, produce a wrong verdict, fail to detect a real fault, or report a fault that is not there.
• It may stop working entirely — after an iOS update, after a controller firmware update, after a change Apple makes to a framework, on a particular device, with a particular accessory, or for a reason we can neither identify nor reproduce.
• It may lose your data. Everything is stored locally with no server copy; if the local database is damaged or the app is removed, your history is gone and neither we nor anyone else can recover it.
• We do not promise that it will be available, uninterrupted, timely, secure, compatible with your hardware, or supported in the future.

This section is a summary written for clarity. The full disclaimer of warranties is in §14 and the full limitation of liability is in §15; those sections govern, and both are subject to the mandatory-law carve-out in §15.6 — the one thing in this agreement that we cannot and do not attempt to override.

07Your responsibilities

By using the app, you agree that you are solely responsible for the following.

7.1 Your decisions and your money

Every decision you take after seeing a DriftPad result is your own, made on your own judgement, at your own risk and at your own cost. That includes deciding to buy or not buy a controller; to sell one, or to price it in a particular way; to describe its condition in a listing; to accept or refuse a return; to open, escalate, defend, settle or abandon a marketplace or payment dispute; to submit or not submit a warranty or insurance claim; to pay for a repair; to keep, discard or replace hardware; and to spend or not spend money on anything at all. We are not a party to any of it, we receive no part of it, and we accept no responsibility for any financial consequence of it.

7.2 Verifying before you rely

You are responsible for verifying any result before relying on it, for reading the app’s on-screen caveats rather than only the headline number, and for understanding the limits set out in §5. Where the stakes are meaningful, you are responsible for obtaining an independent or professional assessment.

7.3 Truthfulness

You are responsible for representing a DriftPad result truthfully and in context wherever you use it. You must not alter, edit, doctor, crop misleadingly, re-date or fabricate a report; must not present a report about one controller as being about another; must not present a result as a certification, a laboratory finding, a manufacturer statement, or an endorsement by us or anyone else; and must not use a report to deceive, defraud, defame, or extract money from anyone.

7.4 Your hardware, your device and your data

You are responsible for your own controller and device, for their charge, condition, firmware and settings, and for any consequence of performing a test — including motor, haptic, adaptive-trigger, light and vibration tests, which drive your hardware’s own components. You are responsible for keeping your own backups and for exporting anything you may need later; the app stores nothing on any server, and we cannot recover lost history for you under any circumstances.

7.5 Comfort, health and sensible use

Some screens involve repeated rapid inputs, rapid button pressing, vibration, haptic feedback, controller light effects and timed reaction exercises. Use them sensibly.

Stop immediately and rest if you feel any discomfort, fatigue, pain, numbness, tingling, dizziness, nausea, altered vision, disorientation or any other unusual symptom, and consult a doctor if it persists. A very small number of people may experience seizures or blackouts triggered by flashing lights or patterns, including from a controller’s light bar; if you have any history of epilepsy or photosensitivity, consult a doctor before use. Repetitive or forceful input can cause or aggravate strain injuries. Keep device volume and haptic intensity at comfortable levels. You use these features at your own risk, and it is your responsibility to supervise any child who uses them.

7.6 Compliance

You are responsible for complying with all laws that apply to you, including the rules of any marketplace, platform, payment provider or insurer to which you submit a report, and including §18.

08Acceptable use

You must not, and must not permit anyone else to:

• use the app for any unlawful, fraudulent, deceptive or harmful purpose;
• use a report or any output of the app to mislead, defraud, extort, harass, defame or damage anyone;
• present the app’s output as an official certification, laboratory result, manufacturer statement or expert report, or as endorsed or verified by us, by Apple, or by any manufacturer;
• impersonate us, misrepresent your relationship with us, or use our names or marks in a way that suggests affiliation, endorsement or partnership;
• attempt to gain unauthorised access to any part of the app, or to obtain paid features without paying for them by any means;
• interfere with, disrupt, or place an unreasonable load on the app or on any system Apple operates in connection with it;
• redistribute, mirror, resell or offer the app as a service to third parties, or use it to provide a commercial testing service in a way that misrepresents its nature or these limits;
• do anything that would breach the Apple Media Services Terms and Conditions or the App Store Review Guidelines.

If you use DriftPad in a business, you assume that risk entirely and you indemnify us for it under §16 — including for any claim brought by your own customer.

09Your reports & your decisions

9.1 They are yours

Test results, saved history and exported reports generated on your device belong to you. We claim no ownership of and no licence over them. We never receive them, never see them, and keep no copy — because there is no server that could hold one. You may use, keep, print, publish or send them wherever you wish, subject to §7.3.

9.2 The report template is ours

While the data in a report is yours, the design, layout, wording, structure and presentation of the report template, and the app’s methodology and interface, remain our intellectual property (§10). You may use exported reports freely for your own purposes — including commercial ones such as listings, disputes and warranty claims — but you may not extract the template to build a competing product, nor strip our attribution from a report and present the format as your own.

9.3 Where you send it is on you

The app hands an exported file to the standard iOS share sheet, and you choose the destination. Once it leaves, it is governed by the practices of whoever receives it and by your own judgement. Consider what a document reveals — the controller you own, the device you own, and when you tested — before you publish it. We are not responsible for anything that happens to a report after you send it, including its disclosure, misuse, alteration, republication, or rejection by a recipient.

9.4 Feedback

If you send us ideas, suggestions, bug reports or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use them for any purpose without obligation, attribution, confidentiality or compensation. Please do not send us anything you consider confidential or proprietary. This does not affect any rights you have in your own personal data under the Privacy Policy.

10Intellectual property & trademarks

10.1 Ours

The app and everything in it — source code, compiled binaries, measurement methodology and algorithms, interface design, layout, typography, colour system, icon, illustrations, animations, report template, text, documentation, these pages, and the names “DriftPad” and “Zydeno” together with their logos — are owned by the developer and protected by copyright, trademark, database and other intellectual-property laws worldwide. All rights not expressly granted in §4 are reserved.

10.2 No rights granted by implication

Nothing in these Terms grants you any right to use our names, logos or marks, except as strictly necessary to use the app as intended and to identify the source of a report you have generated.

10.3 Third-party components

The app is built on Apple’s frameworks and system technologies, used under Apple’s terms. Apple, iPhone, iPad, iOS, iPadOS, App Store, StoreKit and related marks are trademarks of Apple Inc. The app contains no third-party code libraries.

10.4 Controller names and manufacturer trademarks

DriftPad refers to controller models, product categories and console brands — such as DualSense, DualShock, PlayStation, Xbox, Nintendo Switch, Joy-Con, Pro Controller, 8BitDo, Backbone and Razer — solely to describe which hardware is connected and how it behaves. All such names, marks and logos are the property of their respective owners.

This is nominative fair use for the purpose of accurate description and interoperability. It does not imply, and must not be read to imply, any affiliation, sponsorship, endorsement, approval, licensing, certification, partnership or association between the developer and any manufacturer or platform holder. DriftPad is an independent product. No manufacturer has reviewed, approved, verified, endorsed or certified this app, its methodology, its results, or any report it produces.

10.5 Reporting infringement

If you believe anything in the app or on these pages infringes your intellectual property, write to [email protected] with a description of the work, the material you object to, and your contact details. We take such notices seriously and will respond promptly.

11DriftPad Premium: subscriptions & purchases

DriftPad is free to download and free to use as a full controller tester. Some features belong to a paid tier called DriftPad Premium. This section sets out the commercial terms in full; the data side is covered by the Privacy Policy, §10.

11.1 What is free and what is Premium

There is no time limit on the free tier, no export quota, no watermark, no advertising, and no paywall on first launch. The table reflects the app at the date of these Terms; the current, authoritative list is always what the app and the App Store listing show at the time you buy.

Premium is the only paid tier. There is no other paid product, no consumable, no in-app currency, and no advertising anywhere in the app.

11.2 What is offered

The monthly and yearly subscriptions belong to a single subscription group, so switching between them is handled natively by Apple. The exact products, terms and any promotional offer available to you are those displayed in the app and in the App Store at the moment of purchase; that display governs over this description.

11.3 Price, currency and taxes

• Prices are deliberately not stated in this document. They differ by country and currency, are set through the App Store, and can change without a new version of the app. The price shown to you in the app and in the App Store immediately before you confirm — in your own currency, with your local taxes as Apple calculates them — is the price that governs. The app never displays a price it invented; it displays only what the App Store returns for your storefront.
• Any “save %” figure shown next to an annual plan is calculated live from the two prices your own storefront returns, not from a fixed number written into the app.
• All prices include or exclude VAT, GST, sales tax and similar charges as determined and displayed by Apple for your territory.
• Currency conversion, foreign-transaction fees and bank charges are matters between you, your payment provider and Apple.

11.4 Free trial

A 7-day free trial may be offered on the monthly subscription. Where it is offered, the following applies, and the app states the same thing on the purchase screen before you confirm:

• The trial is available once per Apple Account, and only if Apple determines that you are eligible. If you have already used it — including on another device signed in to the same Apple Account — no trial is offered, none is mentioned, and the plan begins as a normal paid subscription immediately. The app checks your eligibility with Apple and adjusts what it shows you, so the screen you see is the offer that actually applies to you.
• Full Premium access is granted for the duration of the trial.
• Unless you cancel at least 24 hours before the trial ends, the subscription converts automatically into a paid subscription and your Apple Account is charged.
• Any unused portion of a free trial is forfeited if you purchase a subscription before the trial period expires.
• The trial is offered on the monthly plan only. The yearly plan and the lifetime purchase carry no trial.

11.5 Auto-renewal — how it works

This is the disclosure Apple requires, and it is the operative term of the subscription:

• Payment is charged to your Apple Account at confirmation of purchase.
• The subscription renews automatically for the same period at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your Apple Account is charged for renewal within the 24 hours before the end of the current period, at the price then in effect.
• You can manage your subscription and turn off auto-renew at any time after purchase, in your Apple Account settings. See §11.8.
• Renewals continue indefinitely until you cancel. It is your responsibility to cancel if you no longer want the subscription; a subscription you forget about will keep renewing and keep charging you.
• If a renewal payment fails, Apple may retry it and may suspend or end the subscription under Apple’s own rules. We have no visibility of and no control over that process, and the app cannot distinguish a billing-retry grace period from an active subscription.

11.6 What “Lifetime” means

11.7 How payment works — Apple, not us

• All purchases are made through Apple’s In-App Purchase system, using the Apple Account signed in on your device, and are governed by the Apple Media Services Terms and Conditions, which you accept separately with Apple.
• Apple is the merchant of record for App Store transactions in the territories where it operates as such. We do not process payments, do not take payment details, and never see your name, address, card number or Apple Account credentials.
• Purchases cannot be made outside the App Store. Anyone offering DriftPad Premium by any other route is not us; do not pay them.
• Entitlement is verified on your device, using Apple’s cryptographically signed transaction data. There is no account, no login, and no server of ours involved at any point.

11.8 Cancelling & managing your subscription

• Cancel at any time in Settings → [your name] → Subscriptions on your device, or via Manage subscription inside the app, which opens Apple’s own sheet. Cancellation must be at least 24 hours before the end of the current period to stop the next charge.
• On cancellation you keep Premium access until the end of the period you have already paid for, and it then ends. Cancelling does not produce a partial refund for the remainder of the current period, except where mandatory law says otherwise.
• Deleting the app does not cancel a subscription. If you delete the app without cancelling, billing continues. This is the most common and most expensive mistake users make with subscription apps — please cancel first.
• We cannot cancel a subscription for you. We have no access to your billing, your renewal date, or your Apple Account. Only you and Apple can.

11.9 Refunds

All refunds are handled by Apple, under Apple’s policies. We cannot issue, approve, expedite or refuse a refund, and we receive no notice of one.

• Request a refund at reportaproblem.apple.com, or through Report a Problem in your purchase history. Apple decides, at its discretion and under its terms.
• Except where the law requires otherwise, purchases are otherwise final and non-refundable — including for a period you did not use, a subscription you forgot to cancel, hardware you sold, an app that no longer suits you, or a result you disagreed with.
• Consumers in the European Union, the United Kingdom and other jurisdictions with statutory withdrawal or cooling-off rights retain those rights in full. Apple administers them for App Store purchases as part of its own terms, so exercise them through Apple. Note the standard rule for digital content: where supply begins immediately with your express consent and acknowledgement, the statutory withdrawal right may be lost once performance has begun. Nothing in this paragraph reduces any right you have under mandatory consumer law.
• If a purchase is refunded or otherwise reversed, Premium access is withdrawn. The app removes access when Apple reports the reversal; a reversal occurring within roughly two minutes of the original purchase may not take effect until the app next re-checks entitlement.
• If you buy more than one product — for example a subscription while already owning the lifetime unlock — the overlapping purchase is not refundable by us, and any refund request must go to Apple.

11.10 Restoring purchases & multiple devices

• Premium is tied to the Apple Account that made the purchase. Use Restore purchases — available both on the purchase screen and in Settings — on any device signed in to that account, including after reinstalling the app or moving to a new device.
• Family Sharing is not enabled for any DriftPad product. A purchase entitles the purchasing Apple Account only, and is not shared with a family group.
• Restoring requires a connection to the App Store; it cannot work offline.
• Your test history is not restored by this or any other mechanism. History lives only on the device that created it, and there is no server copy. See Privacy Policy, §14.

11.11 Access, verification and offline behaviour

• Premium works offline once granted: measurement and export do not require a connection. Buying and restoring do require one, because they involve Apple.
• Entitlement is re-checked when the app launches and when it returns to the foreground. A subscription that has lapsed may therefore remain unlocked briefly until the next such check.
• If Apple cannot verify a transaction, Premium is not granted; the app tells you so and points you to Restore purchases. If you believe you were charged in that situation, use Restore first, and contact Apple if that does not resolve it.
• If a purchase is pending parental approval (Ask to Buy), Premium unlocks automatically once approval is given.
• We do not guarantee uninterrupted availability of Premium features. Interruptions caused by Apple’s systems, by network conditions, by your device, or by a change in the platform are outside our control.

11.12 Price changes & changes to what Premium includes

• We may change prices for future periods. Apple notifies subscribers of a price increase and, where required, obtains consent before it takes effect. If you do not agree, cancel before the next renewal; continuing after the change takes effect means accepting the new price.
• We may add, change, improve, reorganise or remove features within Premium as the app develops, including features listed in §11.1. We aim to keep Premium at least as valuable as when you subscribed, but we do not guarantee that any specific feature will remain available, and no individual feature is the subject of a separate promise. If a change materially reduces what you are paying for, your remedy is to cancel before the next renewal.
• We may change which features are free and which are paid, in either direction, for future users.
• We may offer promotions, discounts or trials to some users and not others, at our discretion. Not being offered one is not a breach of these Terms and gives rise to no claim.

11.13 Financial risk in relation to purchases

12Third parties, hardware & links

The app depends on things we neither make nor control: Apple’s operating system and frameworks, the App Store, your controller and its firmware, and your own device. A change to any of them can alter, degrade or break what the app does, at any time and without warning to us.

We are not responsible for third-party products, services, hardware, firmware, platforms, marketplaces or websites, for their availability, accuracy, policies or conduct, or for any change they make. That includes any marketplace, payment provider, insurer, retailer or warranty administrator to which you submit a report, and any decision any of them takes.

The app contains a small number of links: to this document, to the Privacy Policy, to our support address, to iOS Settings, and to Apple’s subscription-management sheet. Links are provided for convenience and are not an endorsement. Following an external link takes you outside the app to a service governed by its own terms and privacy policy.

Where these Terms conflict with the Apple Media Services Terms and Conditions in respect of a purchase, Apple’s terms govern that purchase as between you and Apple.

13Availability, updates & termination

13.1 We may change the app

We may modify, update, improve, restructure, suspend, limit or discontinue the app or any part of it — including individual features, tests, metrics, the report format, or the free / paid split — at any time, with or without notice, and with no liability to you, subject to §11.12 and to your mandatory rights.

13.2 Updates and compatibility

Updates may be delivered through the App Store and may change how the app looks and behaves. We do not guarantee that the app will continue to work on any particular device, operating-system version, or controller, and we may raise minimum requirements, which can leave older hardware unable to run new versions. We are under no obligation to provide updates, fixes, support or maintenance of any kind.

13.3 We may discontinue it entirely

We may stop publishing, supporting or maintaining DriftPad at any time and for any reason. If that happens, the app may continue to work on devices where it is already installed for as long as the platform allows, but we make no promise that it will, and — subject to mandatory law — no refund or compensation is payable, including for a lifetime purchase (§11.6) or an unexpired subscription period.

13.4 Termination

You may end this agreement at any time by deleting the app; remember to cancel any subscription separately (§11.8). We may terminate or suspend the licence granted in §4 immediately, without notice, if you materially breach these Terms — in particular §4.1 or §8. On termination you must stop using the app and delete it. Provisions that by their nature should survive termination do survive it, including §5, §6, §9, §10, §14, §15, §16, §19 and §20.

14Disclaimer of warranties

To the fullest extent permitted by applicable law, the app — including all measurements, metrics, verdicts, scores, charts, comparisons, reports and any other content or output — is provided “as is” and “as available”, with all faults and defects, and without warranty, condition or representation of any kind, whether express, implied, statutory or otherwise.

Without limiting that, and to the fullest extent permitted by law, we expressly disclaim:

• all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment and non-infringement;
• any warranty arising from course of dealing, course of performance, usage or trade practice;
• any warranty that the app will be accurate, correct, reliable, complete, current, error-free, bug-free, defect-free, secure, virus-free, uninterrupted, timely, or available at any particular time or place;
• any warranty that defects will be found, reported, corrected, or corrected within any period;
• any warranty that the app is compatible with, or will remain compatible with, any device, controller, accessory, firmware or version of iOS;
• any warranty that data you store in the app will be preserved, retained, or recoverable;
• any warranty as to the accuracy, validity, evidential value, sufficiency, admissibility, or acceptance by any third party of any measurement or report — see §5.6;
• any warranty concerning the condition, quality, value, safety, durability, conformity, remaining life or resale prospects of any hardware you test.

No advice or information, whether oral or written, obtained from us, from the app, from the App Store listing, or from any other source, creates any warranty not expressly stated here. You acknowledge that software of this kind is inherently prone to error, and you accept that risk.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so some or all of the above may not apply to you. In such a case, implied warranties are limited to the minimum period and the narrowest scope that law permits, and you may have other rights that vary by jurisdiction. Nothing in this section affects the statutory guarantees a consumer has under mandatory law — see §15.6. Apple’s limited warranty obligation in respect of the app is described in §17.

15Limitation of liability

15.1 No liability for indirect or consequential loss

To the fullest extent permitted by applicable law, in no event shall the developer be liable for any indirect, incidental, special, exemplary, punitive or consequential damages whatsoever, including without limitation: loss of profits, revenue, business, contracts, opportunity, goodwill, reputation or anticipated savings; loss of, or corruption of, data; the cost of substitute goods, services or software; the cost of repair or replacement of hardware; the value of hardware discarded, sold, refused or bought; the outcome of any dispute, claim, chargeback, arbitration or proceeding; and any other financial loss — arising out of or in any way connected with the app, its use, its output, its unavailability, or these Terms, on any theory of liability (contract, tort including negligence, strict liability, statute or otherwise), even if we have been advised of the possibility of such damages, and even if a limited remedy fails of its essential purpose.

15.2 Specific risks you accept

Without limiting §15.1, and to the fullest extent permitted by law, we accept no liability for:

• any bug, error, defect, crash, freeze, malfunction, regression or incorrect behaviour of the app, whether known to us or not, and whether fixed, unfixed, or unfixable;
• any inaccurate, misleading, false-positive or false-negative measurement, metric or verdict — including a healthy verdict on faulty hardware and a failing verdict on sound hardware;
• any financial loss or commercial decision taken in reliance on the app: buying, selling, pricing, returning, refusing, repairing, discarding, claiming, disputing or settling;
• any dispute, claim, complaint or proceeding being lost, rejected, delayed, dismissed or decided against you, and any report being refused, disbelieved or given no weight;
• any loss of test history, saved runs, settings or exported files, for any reason, including local database damage and app deletion;
• any damage to, or malfunction of, a controller, accessory or device, however caused, including in connection with vibration, haptic, adaptive-trigger, light or repeated-input tests, and any resulting loss of warranty;
• any billing, purchase, subscription or refund matter, which is Apple’s domain — see §11.13;
• any consequence of a change made by Apple, by a hardware manufacturer, or by any third party, including a change that breaks the app;
• any unavailability, suspension, discontinuation or removal of the app or of any feature;
• anything caused by your own misuse of the app, misreading of a result, failure to follow on-screen instructions or caveats, or use of a jailbroken, modified or unsupported device;
• any act or omission of a third party, including a marketplace, seller, buyer, insurer, retailer, repairer or manufacturer.

15.3 Aggregate cap

To the fullest extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to the app or these Terms, whatever the cause of action, shall not exceed the greater of (a) the total amount you actually paid for DriftPad and its in-app purchases in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) five United States dollars (US$5.00).

If you have paid nothing — as most users will not have — this cap means our maximum liability to you is US$5.00 or its local equivalent. You acknowledge that this allocation of risk is a fundamental basis of the bargain, that the app is offered on these terms and would not be offered on any other, and that the price of the app reflects it.

15.4 Basis of the bargain

The disclaimers in §14 and the limitations in this §15 apply even if any limited remedy is found to have failed of its essential purpose, and they survive termination of this agreement.

15.5 Time limit for claims

To the fullest extent permitted by law, any claim arising out of or relating to the app or these Terms must be brought within one (1) year after the cause of action arises, failing which it is permanently barred — unless the mandatory law applicable to you provides a longer, non-waivable period, in which case that period applies.

15.6 What we do not, and cannot, exclude

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you.

16Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the developer — Andrii Matiushev, publishing as Zydeno — together with any licensor, contractor or agent, from and against all claims, demands, actions, proceedings, liabilities, damages, losses, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or connected with:

• your use or misuse of the app, or of anything it produces;
• your breach of these Terms or of any applicable law;
• your use of a report or result in any dispute, claim, listing, sale, purchase or proceeding, and any representation you make about it to anyone;
• any statement you make that is false, misleading or defamatory, or that misrepresents the nature, source or meaning of a DriftPad result;
• your infringement of any third party’s intellectual-property, privacy or other rights;
• your use of the app in or for a business, including any claim brought by your own customer.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate. You must not settle any such matter in a way that imposes an obligation or an admission on us without our prior written consent. This section does not apply to the extent that the applicable law of a consumer’s country of residence prohibits it, and nothing in it requires a consumer to indemnify us for our own breach, negligence or wrongdoing.

17Apple-specific terms

Because DriftPad is distributed through the App Store, the following terms are required and apply in addition to everything above. In the event of a conflict between this section and the rest of these Terms, this section prevails in respect of the matters it covers.

1. This agreement is between you and us, not Apple. These Terms are concluded between you and the developer only, and not with Apple Inc. or its subsidiaries (“Apple”). The developer, not Apple, is solely responsible for the app and its content.
2. Scope of licence. The licence granted in §4 is limited to a non-transferable licence to use the app on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing where Apple makes those available — noting that Family Sharing is not enabled for DriftPad’s in-app purchases.
3. Maintenance and support. The developer is solely responsible for providing any maintenance and support services in respect of the app, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the app.
4. Warranty. The developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. 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 you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the developer.
5. Product claims. The developer, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including: (i) product-liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy or similar legislation, including in connection with the app’s use of any framework. Nothing in these Terms enlarges the developer’s responsibility beyond the limits set out in §14 and §15.
6. Intellectual-property claims. 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, the developer, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. See also §18.
8. Developer name and contact. Questions, complaints and claims relating to the app should be directed to: Andrii Matiushev, publishing as “Zydeno” — [email protected] — zydeno.com.
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the app.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and 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 of them.

18Export control & sanctions

The app may be subject to export-control and sanctions laws, including those of the United States, the European Union, the United Kingdom and Ukraine. You agree that you will not use, export, re-export, transfer or make the app available:

• into, or to a national or resident of, any country or territory subject to comprehensive sanctions or a government embargo;
• to any person or entity on any restricted-party, denied-party, sanctioned or debarred list maintained by any competent authority;
• for any purpose prohibited by applicable export-control law, including any military, nuclear, missile, or chemical or biological weapons end use.

By using the app you represent that none of the above applies to you. You are responsible for compliance with the laws of the jurisdiction in which you are located, including any restriction on the import or use of software. The app is not offered where its provision or use would be unlawful, and availability in the App Store in a given territory is determined by Apple. The app uses no proprietary encryption and is not designed to circumvent any technical protection measure.

19Governing law & disputes

19.1 Talk to us first

Most problems are solved faster by email than by a lawyer. Before starting any formal proceeding, you agree to try to resolve the matter informally by writing to [email protected] with a description of the issue and what you would like done, and to allow us 30 days to respond. We will do the same before bringing any claim against you. This step does not suspend any limitation period that mandatory law makes non-waivable.

19.2 Governing law

These Terms, and any dispute or claim arising out of or in connection with them or the app (including non-contractual disputes), are governed by the laws of Ukraine — the jurisdiction in which the developer is established — without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

19.3 Jurisdiction — and the consumer carve-out

Subject to the paragraph that follows, you and the developer agree to the exclusive jurisdiction of the competent courts of Ukraine.

19.4 No class actions, where that is permitted

To the fullest extent permitted by applicable law, any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Where the law applicable to you prohibits such a waiver — as it does in a number of jurisdictions — this paragraph does not apply to you, and your right to participate in a collective action is unaffected.

19.5 Alternative dispute resolution

Consumers resident in the European Union may raise complaints with their national consumer authority or an approved alternative dispute-resolution body; note that the European Commission’s Online Dispute Resolution platform ceased operating in 2025. We are not obliged, and do not undertake, to participate in dispute-resolution proceedings before a consumer arbitration board, without prejudice to any legal obligation to do so.

19.6 Purchases

Disputes concerning payment, billing, renewal or refunds concern your relationship with Apple and are governed by the Apple Media Services Terms and Conditions. Direct them to Apple in the first instance — see §11.9.

20General provisions

20.1 Severability

If any provision of these Terms is held invalid, unlawful or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed. The remaining provisions continue in full force. In particular, if a limitation or exclusion in §14 or §15 is unenforceable in your jurisdiction, it applies to the maximum extent that jurisdiction permits.

20.2 Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the developer regarding the app, and supersede all prior understandings, representations, marketing statements and App Store descriptions on that subject. Nothing in this clause limits liability for fraudulent misrepresentation.

20.3 No waiver

Our failure or delay in enforcing any provision is not a waiver of it, and no single or partial exercise of a right prevents its further exercise.

20.4 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer them, in whole or in part, to any successor, acquirer or affiliate, or in connection with a merger, sale of assets or reorganisation, without your consent — provided your rights under these Terms are not materially reduced.

20.5 Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic, war, invasion, armed conflict, mobilisation, martial law, act of terrorism, civil unrest, sanctions, embargo, government action, labour dispute, failure of power, telecommunications or internet infrastructure, cyber-attack, or the act, omission or failure of any third-party platform, supplier or service provider.

20.6 Relationship of the parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment or fiduciary relationship between you and the developer.

20.7 No third-party rights

Except for Apple and its subsidiaries as set out in §17.10, no person other than you and the developer has any right to enforce any provision of these Terms.

20.8 Notices

Notices to us must be sent to [email protected]. Notices to you may be given in the app, in the App Store listing, or on these pages, and are effective when published.

20.9 Language

The app’s interface is localised into several languages. These Terms are published in English only, and the English text is the authoritative version. Any translation is for convenience only; in the event of a discrepancy the English original governs, except where the mandatory law of your country requires otherwise. The parties confirm it is their express wish that these Terms be drawn up in English.

20.10 Headings, summaries and interpretation

Headings, the “at a glance” summary and the callout boxes are aids to navigation and do not affect interpretation. “Including” means “including without limitation”. No rule of construction requiring interpretation against the drafter applies to these Terms.

21Changes to these terms

We may revise these Terms to reflect a change in the app, in the law, or in Apple’s requirements. When we do, the “Last updated” date in the header changes and the version number is incremented; the current version always lives at zydeno.com/driftpad/terms.html.

• Non-material changes take effect when published. Continued use of the app after that indicates acceptance.
• Material changes — for example a change to the licence, to the subscription terms, or to your rights under §15 — take effect no earlier than publication of the revised Terms, and we will make reasonable efforts to bring them to your attention, in the app or through the App Store listing. If you do not accept a material change, your remedy is to stop using the app, delete it, and cancel any subscription before its next renewal.
• A change to these Terms never applies retroactively to a dispute that arose before it was published.

Earlier versions are not archived publicly; if you need a copy of the version in force on a particular date, ask [email protected].

22Contact

One address handles everything — support, questions about these Terms, legal notices, and intellectual-property reports:

We read every message and aim to reply within a few business days. We cannot access your device, your history, your Apple Account or your billing, so please describe the problem rather than sending us data — and never send us passwords, payment details, or identity documents.