End-User License Agreement (EULA)
Acknowledgment: This agreement is solely between you (hereinafter "the Developer") and the end-user, and not with Apple Inc. or Google LLC (third-party beneficiaries for purchases). The Developer, not Apple or Google, is solely responsible for the application and its contents.
Scope of License: The Developer grants you a non-transferable license to use the licensed application on devices that you own or control. The terms of this EULA govern any content, materials, or services accessible from or within the licensed application, as well as upgrades provided by the Licensor that replace or supplement the original licensed application, unless an upgrade is accompanied by a custom EULA.
Maintenance and Support: The Developer is solely responsible for providing maintenance and support services for the application, as specified in the EULA or as required by law. Neither Apple nor Google is obligated to provide any maintenance or support services for the application. A refund may be issued by the third-party beneficiary in the event of a warranty claim.
Warranty: The Developer is solely responsible for all product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. Neither Apple nor Google assumes any further warranty obligations. The use of the licensed application and any access you provide is at your own risk.
Product Claims: The Developer is responsible for addressing any claims by the end-user or third parties concerning the application or the use of the application by the end-user, including product liability claims, claims regarding compliance with legal or regulatory requirements, and claims under consumer protection or privacy laws.
Intellectual Property: In the event of third-party claims that the application or its use by the end-user infringes on intellectual property rights, the Developer is solely responsible for the investigation, defense, settlement, and fulfillment of such claims.
Legal Compliance: The end-user warrants and guarantees that they 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 that they are not listed on any U.S. government list of prohibited or restricted parties.
Service Description: We provide you with evidence-based tools and resources to enhance your psychological well-being. Our services use artificial intelligence to interact with you and provide personalized recommendations and analyses. Our services do not provide medical advice; consult a medical professional if you suspect illness. Quotas are provided for certain services within the application. The Developer reserves the right to discontinue the service if a quota is exhausted, even if the license period has not expired.
Registration and Use: You must register to access certain features of the app. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.
Prohibited Activities: You may not use the services for illegal or unauthorized purposes. In particular, you are prohibited from violating third-party rights, using the services for fraudulent or unethical purposes, or transmitting discriminatory or offensive content.
Changes to Services: We reserve the right to make changes to our services, including discontinuing services, at any time.
Limitation of Liability: Our liability is limited to intent and gross negligence. We are not liable for indirect damages that may result from the use or interpretation of our services or integrated third-party services. The application is provided without any warranty, either express or implied.
Developer Information: netsense GmbH, Zollikerstrasse 153, 8008 Zürich. If you have any questions or complaints, please contact us at +41 44 784 55 00 or hello@ephoria.health.
Third-Party Agreements: The end-user must comply with the terms of third parties when using the application, e.g., a VoIP service must not violate the agreement with the user's data provider.
Third-Party Beneficiaries: Apple and Apple's subsidiaries, as well as Google and Google's subsidiaries, are third-party beneficiaries of this agreement when purchases are made. Upon the end-user's acceptance of the terms, Apple or Google will acquire (and be deemed to have acquired) the right to enforce this agreement against the end-user as a third-party beneficiary.
Changes to Terms of Use: We may update these terms of use at any time and will notify you in an appropriate manner. Continued use of our services after such changes constitutes acceptance of the new terms.
Last updated: April 29, 2024. Jurisdiction is Zürich, Switzerland.
This translation is for informational purposes only; the original German version is legally binding.