Terms of Use

Effective Date: January 22, 2025

ephoria is a daily companion for mental well-being, particularly in the form of the app of the same name (hereinafter collectively referred to as the «Offer»). The Offer is provided by the Swiss company netsense GmbH (hereinafter referred to as the «Provider»).

These Terms of Use govern the rights and obligations of the Provider as well as the users of the Offer (hereinafter collectively referred to as the «Users»).

For individual or additional offers from the Provider, supplementary conditions and other legal provisions may apply. Information about data protection can be found in the Provider's Privacy Policy.

For integrated or connected services from third parties, the respective General Terms and Conditions (GTC) and other legal provisions apply.

These Terms of Use have been machine translated from German. In case of discrepancies and contradictions, the Terms of Use in German shall prevail.

1. Offer

1.1 The Offer is a daily companion for mental well-being. The Provider supports the Users in their mental well-being wherever and whenever the Users wish to use this support.

1.2 The Offer is intended exclusively for natural persons who are capable of acting and of legal age, or who act with the consent of an appropriate legal representative.

1.3 The Provider makes the Offer available in the form of a smartphone app. The Provider decides at its own discretion which operating systems and smartphones in which versions are supported. The Provider may also offer the Offer in another form, such as a website.

1.4 The Provider may offer the Offer with the help of third parties, particularly through the app stores of Apple and other app store providers. The respective General Terms and Conditions (GTC) and other legal provisions apply to such app stores.

1.5 The Provider may exercise individual or all rights and obligations under these Terms of Use together with third parties, have them exercised by third parties, or transfer them to third parties.

2. Use

2.1 The Provider provides the Users with evidence-based functions and services as well as corresponding information to promote mental well-being. The Provider uses artificial intelligence to interact with individual Users through the Offer and to provide personalized analyses and recommendations. The Provider does not use artificial intelligence or other technologies to make exclusively automated decisions about the Users that significantly affect them or have legal consequences for the Users.

2.2 The Provider grants the Users a limited, non-sublicensable and non-transferable, non-exclusive and revocable license, exclusively related to their person, to use the Offer as long as these Terms of Use and any other legal provisions are complied with.

2.3 The Provider does not make medical diagnoses or provide medical advice with the Offer. The Offer is for informational purposes only and does not replace consultation or other treatment by a medical facility or professional. The Offer is not a telemedicine service and not a medical device. The Offer is not suitable for emergency situations.

2.4 In case of concerns about one's own health, suspicion of a disease, or in case of doubt, Users are strongly advised to contact a medical facility or professional immediately for individual advice and treatment. Users are also advised to follow the recommendations and other instructions of medical professionals and not to forgo consultation and other treatment by medical facilities or professionals based on information related to the Offer.

2.5 The Provider may require Users to register with a user account for individual or all functions and services. Users are required to provide all necessary information correctly and completely when setting up user accounts and to keep it up to date during use. The Provider is entitled to verify the information provided by Users, also with the help of third parties. Users are responsible for all activities carried out with their user account.

2.6 Users may only use the Offer as intended and lawfully for themselves alone. Users may not share the Offer and in particular user accounts with other Users or other persons.

2.7 The Provider is entitled to exclude individual Users from the Offer for a limited or unlimited period of time in case of violation of these Terms of Use or applicable law. In case of exclusion, Users are not entitled to a refund of already paid costs.

3. Costs

3.1 The Provider may offer the Offer at its own discretion entirely or partially free of charge or for a fee, and exclusively or partially together with partners. The Provider may restrict the availability of certain functions and services. The Provider informs Users in an appropriate form about the available functions and services.

3.2 Users must subscribe to functions and services that are subject to a fee. The Provider decides at its own discretion about the app stores and services used for payments.

3.3 Users can cancel a paid subscription at any time before the end of the respective term. All paid functions and services are available until the end of the respective term. A paid subscription that is not canceled before the end of the respective term is automatically renewed for another term, unless otherwise offered or expressly agreed.

3.4 The Provider may allow Users to try out paid functions and services for a limited term with a free subscription. Users who do not cancel such a subscription before the end of the limited term for the free trial automatically switch to a paid subscription with the same functions and services.

4. Data and Privacy

4.1 The Provider processes personal data in accordance with applicable data protection law, particularly the Swiss Data Protection Act (DSG). Information about data protection can be found in the Provider's Privacy Policy.

4.2 Users are solely responsible for complying with applicable law in connection with data and other information about other persons and for obtaining any necessary consents from affected persons. Users are solely responsible for securing their data, unless otherwise offered or expressly agreed.

5. Liability and Warranty

5.1 The Provider strives to offer the Offer error-free, helpful, and reliable. Given the nature of digital offers and the technologies used, liability and warranty are partially limited and partially excluded.

5.2 The Provider cannot guarantee that the Offer is always and fully available. The Offer may not always and fully be available due to errors, technical problems, maintenance work, or force majeure.

5.3 The Provider cannot guarantee that all information, data, and other information related to the Offer is current, error-free, helpful, and accurate. The Provider provides all information without warranty and without obligation.

5.4 The Provider cannot guarantee that the Offer will actually improve the mental health and well-being of individual Users.

5.5 The Provider is only liable for direct damages caused intentionally or through gross negligence in connection with the Offer, caused by its own actions. Liability for auxiliary persons is excluded. Liability for integrated or connected services from third parties is also excluded.

5.6 The Provider is not liable for other direct damages or for indirect damages and consequential damages. The Provider is particularly not liable for lack of success or disappointed expectations.

6. Final Provisions

6.1 Users conclude the contract for the use of the Offer exclusively with the Provider and in particular in accordance with these Terms of Use. The Provider is solely responsible for the Offer and the information provided with it.

6.2 The Provider is entitled to discontinue the Offer in whole or in part at any time. In this case, the Provider will endeavor to inform Users in good time about the discontinuation. In case of such discontinuation, Users are not entitled to a refund of already paid costs.

6.3 The Provider is entitled to adjust these Terms of Use at any time. The version of the Terms of Use to which the individual Users last agreed applies.

6.4 The Offer, including these Terms of Use, is exclusively subject to Swiss law, excluding the conflict of laws provisions of Swiss and international private law and international treaties, particularly the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory applicable law remains reserved, particularly mandatory applicable law for consumers.

6.5 The exclusive place of jurisdiction is at the Provider's registered office. However, the Provider is entitled to assert its claims at the domicile or registered office of the individual Users. Mandatory places of jurisdiction remain reserved, particularly places of jurisdiction for consumers.