Terms of Service

By accessing or using the AIary mobile application and related services ("Service") operated by APLICART, S.L.U ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms").

If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

By using our Service, you represent that you are at least 13 years old and have the legal capacity to enter into this agreement. If you are under 18, you should have your parent or guardian review these Terms with you.

AIary is a mental health and wellness application that provides AI-powered journaling, mood tracking, and personalized wellness recommendations. Our Service includes:

**AI Conversations:** Empathetic AI responses to your journal entries and emotional check-ins.

**Mood Analytics:** Advanced sentiment analysis and emotional state tracking.

**Wellness Insights:** Personalized recommendations based on your emotional patterns.

**Premium Features:** Advanced analytics, unlimited entries, voice journaling, and priority support for subscribers.

Our Service is designed to support your mental wellness journey but is not intended to replace professional medical or psychological treatment.

To use AIary, you must:

**Age Requirement:** Be at least 13 years old. Users under 18 should have parental guidance.

**Legal Capacity:** Have the legal capacity to enter into a binding agreement.

**Compliance:** Agree to comply with all applicable laws and regulations.

**Accurate Information:** Provide accurate information when creating your account.

**Single Account:** Maintain only one account and not share your account with others.

We reserve the right to refuse service to anyone for any reason at any time.

When you create an account with us, you are responsible for:

**Account Security:** Safeguarding your account information and device access.

**Accurate Information:** Providing truthful and complete information.

**Prohibited Activities:** Not engaging in any activities that violate these Terms or applicable laws.

**Notification:** Immediately notifying us of any unauthorized use of your account.

**Content Responsibility:** All content you submit through the Service, including journal entries and mood data.

You acknowledge that AIary provides a personal wellness tool and that you are responsible for your own mental health care decisions.

AIary offers both free and premium subscription services:

**Free Service:** Basic features including limited daily entries, basic mood tracking, and simple AI responses.

**Premium Subscriptions:** Enhanced features including unlimited entries, advanced analytics, voice journaling, and priority support.

**Payment:** Subscriptions are billed through your app store (Apple App Store or Google Play Store) and subject to their terms.

**Auto-Renewal:** Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

**Cancellation:** You may cancel your subscription at any time through your app store settings.

**Refunds:** Refund policies are governed by the app store where you purchased your subscription.

**Price Changes:** We reserve the right to modify subscription prices with reasonable advance notice.

You agree to use AIary only for lawful purposes and in accordance with these Terms. You may not:

**Harmful Content:** Submit content that is harmful, threatening, abusive, or promotes self-harm.

**Illegal Activities:** Use the Service for any illegal or unauthorized purpose.

**System Abuse:** Attempt to interfere with, compromise, or disrupt the Service or its servers.

**Reverse Engineering:** Attempt to reverse engineer, decompile, or hack the application.

**Commercial Use:** Use the Service for commercial purposes without written permission.

**Impersonation:** Impersonate any person or entity or misrepresent your affiliation.

**Spam:** Send unsolicited communications or abuse our contact features.

Violation of this policy may result in immediate termination of your account.

**Your Content:** You retain ownership of all content you submit to AIary, including journal entries and personal data.

**License to Us:** By submitting content, you grant us a limited license to process, store, and analyze your content to provide our services.

**AI Processing:** Your journal entries may be processed by our AI systems and third-party AI services to generate responses and insights.

**Our Content:** The AIary application, including its design, features, algorithms, and AI responses, is owned by APLICART, S.L.U and protected by intellectual property laws.

**Feedback:** Any feedback or suggestions you provide about our Service become our property and may be used without compensation.

**Prohibited Content:** You may not submit content that violates applicable laws, infringes on intellectual property rights, or violates these Terms.

**Not Medical Advice:** AIary is a wellness tool and does not provide medical, psychological, or therapeutic advice. Our AI responses are for informational and support purposes only.

**Professional Care:** If you are experiencing a mental health crisis or serious psychological distress, please seek immediate professional help or contact emergency services.

**No Doctor-Patient Relationship:** Use of AIary does not create a doctor-patient or therapist-client relationship.

**Limitations:** Our AI technology, while advanced, has limitations and may not always provide appropriate responses to complex emotional situations.

**Crisis Resources:** We provide links to crisis resources, but we are not responsible for the availability or quality of external services.

**Personal Responsibility:** You are responsible for your own mental health care decisions and should consult with qualified professionals for serious concerns.

To the fullest extent permitted by applicable law:

**Service Availability:** We do not guarantee that the Service will be available at all times or free from errors.

**Data Loss:** We are not liable for any loss of data, including journal entries, due to technical failures or other causes.

**Third-Party Services:** We are not responsible for the actions or content of third-party services integrated with AIary.

**Maximum Liability:** Our total liability to you for any damages shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

**Consequential Damages:** We shall not be liable for any indirect, incidental, special, or consequential damages.

**Force Majeure:** We are not liable for any failure to perform due to circumstances beyond our reasonable control.

You agree to defend, indemnify, and hold harmless APLICART, S.L.U, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

**Your Use:** Your use of and access to the Service.

**Content Violation:** Your violation of any term of these Terms.

**Rights Infringement:** Your violation of any third-party right, including intellectual property, publicity, confidentiality, property, or privacy rights.

**Law Violation:** Your violation of any applicable law, rule, or regulation.

**User Content:** Any content you submit through the Service.

This indemnification obligation will survive the termination of your account and these Terms.

**By You:** You may terminate your account at any time by deleting the application or contacting our support team.

**By Us:** We may terminate or suspend your account immediately, without prior notice, for any reason, including: - Violation of these Terms - Suspected fraudulent or illegal activity - Extended periods of inactivity - Technical or security reasons

**Effect of Termination:** Upon termination: - Your right to use the Service ceases immediately - Your account data will be deleted according to our Privacy Policy - Paid subscriptions may be cancelled according to app store policies - Provisions that should survive termination will remain in effect

**Data Deletion:** Following account termination, we will delete your personal data according to our Privacy Policy, typically within 30 days.

**Governing Law:** These Terms shall be governed by and construed in accordance with the laws of Andorra, without regard to its conflict of law provisions.

**Jurisdiction:** Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Andorra, and you hereby consent to personal jurisdiction and venue therein.

**Dispute Resolution:** We encourage you to contact us first to resolve any disputes informally. For formal disputes, the courts of Andorra shall have exclusive jurisdiction.

**Class Action Waiver:** You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

**Limitation Period:** Any claim or cause of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose.

**Right to Modify:** We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

**Notification:** We will notify you of changes through the application, email (if available), or by posting the updated Terms on our website.

**Effective Date:** Changes become effective immediately upon posting unless otherwise specified.

**Continued Use:** Your continued use of the Service after the effective date of any changes constitutes acceptance of the new Terms.

**Review:** We encourage you to review these Terms periodically to stay informed of any updates.

**Previous Versions:** Previous versions of these Terms are available upon request.

If you have any questions about these Terms of Service, please contact us:

**Email:** legal@aiary.io **Support:** Use the contact form in our app or website **Mail:** APLICART, S.L.U, Carrer de la Solana 91, Andorra

**Legal Inquiries:** For legal matters, please include "Legal Inquiry" in your subject line.

**Response Time:** We aim to respond to all legal inquiries within 5 business days.

**Language:** You may contact us in English, Spanish, or French.

These Terms of Service constitute the entire agreement between you and APLICART, S.L.U regarding the use of the Service and supersede any prior agreements.