Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

Words with initial capitalization have meanings defined based on the following conditions. These definitions maintain their meaning whether presented in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named Wellbeing.

• Application Store means the digital distribution service operated and developed by Apple Inc. 

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Appify Limited.

• Device means any device that can access the Service such as a cellphone or a digital tablet.

• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

• In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

• Service refers to the Application.

• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions govern the utilization of this Service and establish the agreement between You and the Company. They outline the rights and responsibilities of all users in relation to the Service.

Your ability to access and use the Service is contingent upon your acceptance and adherence to these Terms and Conditions. These Terms and Conditions are applicable to all individuals who visit, use, or access the Service.

By utilizing or entering the Service, you acknowledge and agree to abide by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you should refrain from accessing the Service.

You confirm that you are 18 years of age or older, as the Company does not permit individuals under the age of 18 to use the Service.

Furthermore, your access to and usage of the Service is subject to your acceptance and compliance with the Company's Privacy Policy. Our Privacy Policy outlines our practices and procedures regarding the collection, usage, and disclosure of your personal information when you use the Application or the Website. It also informs you about your privacy rights and the legal protections in place. We strongly recommend that you read our Privacy Policy attentively before using our Service.

Subscriptions

Subscription period

The Service, or specific components of it, require a paid Subscription for access. You will be charged in advance at regular intervals (e.g., daily, weekly, monthly, or annually) based on the Subscription plan you choose during the Subscription purchase.

Your Subscription will automatically renew under the same terms and conditions at the end of each period unless you decide to cancel it or the Company opts to cancel it.

Subscription cancellations

You have the option to stop the automatic renewal of your subscription by either accessing your account settings page or getting in touch with the company. Please note that any fees already paid for your current subscription period are non-refundable, and you'll retain access to the service until the current subscription period concludes. 

If you initially subscribed through an in-app purchase, you can manage the subscription renewal by using the application store.

Billing

In the event that automatic billing fails for any reason, the Company will generate an electronic invoice, which will require you to make a manual payment within a specified deadline. This payment should cover the full amount corresponding to the billing period as specified on the invoice. 

If your subscription was originally established through an in-app purchase, all billing processes are managed by the Application Store and are subject to the terms and conditions set by the Application Store.

Fee Changes

The Company reserves the right to adjust the Subscription fees at its discretion and at any time. Any such change in Subscription fees will take effect at the conclusion of the current Subscription period.

The Company will offer you reasonable advance notice of any changes in Subscription fees, allowing you the opportunity to cancel your Subscription before the new fees take effect.

If you continue to use the Service after the updated Subscription fee is implemented, it signifies your agreement to pay the revised Subscription fee amount.

Refunds

Paid Subscription fees are generally non-refundable, except when mandated by legal requirements.

The Company may, at its sole discretion, consider and grant certain refund requests for Subscriptions on a case-by-case basis.

If your Subscription was originally acquired through an in-app purchase, the refund policy of the Application Store will be applicable. Should you wish to request a refund, you can do so by contacting the Application Store directly.

Free Trial

The Company, at its sole discretion, may provide a Free Trial Subscription for a limited duration.

To access the Free Trial, you may be asked to input your billing details during the sign-up process.

If you provide your billing information when enrolling in the Free Trial, the Company will not charge you until the Free Trial period concludes. On the last day of the Free Trial, unless you have canceled your Subscription, you will be automatically billed for the relevant Subscription fees corresponding to the chosen Subscription type.

The Company retains the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) terminate the Free Trial offer at any time and without prior notice.

In-app Purchases

The Application may offer In-app Purchases that enable you to acquire products, services, or Subscriptions.

Additional details on managing In-app Purchases via your device can typically be found in the terms and conditions of the Application Store, or within your device's Help settings.

In-app Purchases are designed for use solely within the Application. Once you initiate the download of an In-app Purchase, it cannot be canceled. Furthermore, In-app Purchases are non-transferable and cannot be exchanged for cash or other forms of compensation.

If an In-app Purchase fails to download or malfunctions after a successful download and you notify us of the issue, we will investigate the cause and make a reasonable determination about providing you with a replacement In-app Purchase or issuing a patch to rectify the problem. There will be no charge for replacement or repair. In cases where we cannot replace or repair the In-app Purchase within a reasonable time and without significant inconvenience, we will authorize the Application Store to refund you up to the cost of the respective In-app Purchase. Alternatively, if you desire a refund, you can contact the Application Store directly.

Please acknowledge that all billing and transaction processes are managed by the Application Store from which you downloaded the Application, and they are subject to the Application Store's terms and conditions.

Should you encounter any payment-related issues regarding In-app Purchases, you must directly contact the Application Store for resolution.

Intellectual Property

The Service, along with its original content (excluding content contributed by you or other users), features, and functionality, exclusively belong to the Company and its licensors.

The Service is safeguarded by copyright, trademark, and other legal protections in both domestic and international jurisdictions.

Without the prior written consent of the Company, our trademarks and trade dress cannot be utilized in conjunction with any product or service.

Links to Other Websites

Our Service may provide links to websites or services operated by third parties that are not under the ownership or control of the Company.

The Company does not have authority over, and does not assume responsibility for, the content, privacy policies, or practices of these third-party websites or services. You also recognize and consent that the Company shall not be held accountable or liable, either directly or indirectly, for any damage or loss purportedly caused by or related to the utilization or reliance upon any content, products, or services accessible through these websites or services.

We strongly recommend that you carefully review the terms and conditions as well as the privacy policies of any third-party websites or services you choose to access.

Termination

Your access to the Service may be promptly suspended or terminated by us without prior notice or liability, for any reason, including but not limited to, if you violate these Terms and Conditions.

Upon termination, your privilege to utilize the Service will promptly come to an end.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances shall the Company or its suppliers be responsible for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy resulting from or in connection with the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or any aspect of these Terms), even if the Company or any supplier has been made aware of the potential for such damages, and even if the solution does not fulfill its essential purpose.

In some jurisdictions, the exclusion of implied warranties or limitations on liability for incidental or consequential damages is not allowed. This means that some of the restrictions mentioned above may not apply. In these jurisdictions, the liability of each party will be confined to the maximum extent authorized by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE," and it may contain faults and defects, without any form of warranty. To the fullest extent permissible under applicable law, the Company, acting on its own behalf and on behalf of its Affiliates, licensors, and service providers, explicitly disclaims all warranties, whether expressed, implied, statutory, or otherwise, in relation to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that may emerge from the course of dealing, course of performance, usage, or trade practice. To provide some specific examples, the Company does not warrant that the Service will meet your requirements, achieve intended results, be compatible with other software, applications, systems, or services, operate without interruptions, meet performance or reliability standards, be error-free, or that any errors or defects will be corrected.

Furthermore, neither the Company nor its providers make any express or implied representations or warranties regarding: (i) the Service's operation or availability, or the accuracy, reliability, or currency of any information or content within it; (ii) that the Service will be uninterrupted or free of errors; (iii) the accuracy, reliability, or currency of information or content provided through the Service; or (iv) the absence of viruses, scripts, trojan horses, malware, or other harmful components in the Service, its servers, content, or emails sent on behalf of the Company.

In certain jurisdictions, it may not be permissible to exclude certain types of warranties or limit applicable statutory rights of a consumer. Therefore, some or all of the above disclaimers and limitations may not apply to you. Nevertheless, if that is the case, the disclaimers and limitations detailed in this section will be applied to the maximum extent permitted by applicable law.

Governing Law

The laws of the Country, without regard to its conflict of law principles, will govern these Terms and your utilization of the Service. Additionally, your use of the Application may be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concerns or disputes regarding the Service, you agree to initially attempt an informal resolution by getting in touch with the Company.

For European Union (EU) Users

If you are a consumer residing in the European Union, you will be entitled to the mandatory provisions of the law in your country of residence.

United States Federal Government End Use Provisions

If you are a user within the U.S. federal government, our Service qualifies as a "Commercial Item" as defined in 48 C.F.R. §2.101.

United States Legal Compliance

You affirm and guarantee that (i) your location is not in a country under United States government embargo, or one designated as a "terrorist supporting" nation by the United States government, and (ii) you are not included on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision in these Terms is found to be unenforceable or invalid, that provision will be modified and construed to achieve its intended purpose to the maximum extent allowed by applicable law, and the remaining provisions will remain in full force and effect.

Waiver

Except as expressly stipulated here, the omission to exercise a right or demand the fulfillment of an obligation under these Terms will not impair a party's capacity to exercise that right or demand such performance at any point in the future. Additionally, waiving a breach will not constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated and provided to you on our Service. You acknowledge that in the event of a dispute, the original English text shall take precedence.

Changes to These Terms and Conditions

We retain the discretion to amend or substitute these Terms at our exclusive discretion, anytime. In the event of a substantial revision, we will strive to give you a minimum of 30 days' advance notice before the new terms become effective. The determination of what qualifies as a significant change will be made solely by us.

By continuing to access or use our Service after these revisions take effect, you consent to be bound by the updated terms. If you do not concur with the new terms, either in full or in part, please discontinue using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: feedback@appifylimited.com

• By visiting this page on our website: www.appifylimited.com