End User License Agreement

1. Agreement

This End User License Agreement ("EULA") is a legal agreement between you ("User") and Vibbrancy, located at Level 3/162 Collins St, Melbourne VIC 3000, Australia ("Licensor"), for the use of the Vibbrancy application ("Application"), including any updates, patches, and related services.

By installing, downloading, or using the Application, you agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Application.

2. License Grant

Subject to your compliance with this EULA, the Licensor grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the Application on devices that you own or control, for your personal, non-commercial use.

3. Licence Restrictions

You may not:

• Copy, modify, or distribute the Application or its content
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application
• Rent, lease, lend, sell, sublicence, or otherwise transfer the Application to any third party
• Remove, alter, or obscure any proprietary notices in the Application
• Use the Application for any purpose other than personal mood and wellbeing tracking
• Use the Application in any manner that could damage, disable, or impair the service

4. Ownership

The Application is licensed, not sold. The Licensor retains all right, title, and interest in and to the Application, including all intellectual property rights. You retain full ownership of the personal data you enter into the Application.

5. Subscriptions and In-App Purchases

The Application offers optional paid subscriptions that unlock premium features. Subscriptions are processed by the Apple App Store, Google Play Store, or our web payment processor. Subscription terms, including pricing, billing cycles, auto-renewal, and cancellation policies, are detailed in our Terms of Service.

6. Privacy and Data

Your use of the Application is governed by our Privacy Policy, which describes what data we collect, how we use it, and your rights. By using the Application, you consent to data processing as described in the Privacy Policy.

Supported mood-insight processing runs on-device, and mood entries are stored locally by default. Cloud sync is optional, and can be end-to-end encrypted for mood entries before they sync. RevenueCat processes subscription and support attributes as described in the Privacy Policy.

7. Medical Disclaimer

The Application is not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or mental health condition. All insights and recommendations are for informational purposes only and do not constitute medical advice. Always seek the advice of a qualified healthcare professional for any medical concerns.

8. Disclaimer of Warranties

The Application is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Licensor does not warrant that the Application will be uninterrupted, error-free, or free of harmful components.

Where applicable law does not allow the exclusion of implied warranties, the above exclusion may not apply to you. In such cases, warranties are limited to the minimum extent permitted by law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill, arising from your use of or inability to use the Application.

Nothing in this EULA limits or excludes liability that cannot be limited or excluded under applicable law, including under the Australian Consumer Law.

10. Third-Party Services

The Application may integrate with third-party services (Apple Health, Google Health Connect, Apple App Store, Google Play Store). Your use of these services is subject to their respective terms and privacy policies. The Licensor is not responsible for the availability or practices of third-party services.

11. Apple-Specific Terms

If you downloaded the Application from the Apple App Store, the following additional terms apply:

• This EULA is between you and the Licensor only, not Apple Inc. Apple has no obligation to furnish maintenance or support for the Application.
• Apple is not responsible for any product warranties, whether express or implied. The Licensor, not Apple, is responsible for addressing any claims relating to the Application.
• Apple is not responsible for any third-party intellectual property infringement claims related to your use of the Application.
• Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, Apple has the right to enforce this EULA against you as a third-party beneficiary.
• The Application complies with all applicable third-party terms of agreement when used in accordance with this EULA.

12. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and delete all copies from your devices. Termination does not affect your data export rights under our Privacy Policy.

13. Changes to This EULA

The Licensor may update this EULA from time to time. We will notify you of material changes through the Application or by updating this page. Continued use of the Application after changes constitutes acceptance of the revised EULA.

14. Governing Law

This EULA is governed by the laws of the State of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia. Nothing in this EULA affects your statutory consumer rights under the Australian Consumer Law or equivalent consumer protection laws in your jurisdiction.

15. Contact Us

If you have questions about this EULA, please contact us at:

Vibbrancy
Level 3/162 Collins St
Melbourne VIC 3000, Australia
Email: legal@vibbrancy.app