Terms of Service

1. Acceptance of Terms

By accessing or using Vibbrancy (the "Service"), you agree to be bound by these Terms of Service ("Terms"). The Service is operated by Vibbrancy, Level 3/162 Collins St, Melbourne VIC 3000, Australia. If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Vibbrancy is a personal mood and wellbeing tracking application that allows you to log emotional states, view insights and analytics, access meditation content, and track wellness habits. The Service is available as a mobile application (iOS and Android), progressive web app (PWA), and marketing website.

3. Eligibility

You must be at least 13 years old (or 16 in the EEA) to use the Service. By using the Service, you represent that you meet this age requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

4. User Accounts

Account creation is optional. You may use the app without an account for local-only data storage. If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

5. Subscriptions and Payments

Vibbrancy offers both free and premium subscription tiers. Key terms:

• Billing: Premium subscriptions are billed monthly or annually through the Apple App Store, Google Play Store, or our web payment processor (via RevenueCat). Prices are displayed in your local currency before purchase.
• Auto-renewal: Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You retain access to premium features until then.
• Refunds: Refunds are handled according to the policies of the respective app store or payment processor. We do not process refunds directly for app store purchases.
• Price changes: We may change subscription prices with at least 30 days' notice. Existing subscribers will be notified before any price increase applies to their subscription.
• Free trial: If offered, free trials convert to paid subscriptions unless cancelled before the trial ends.

6. Acceptable Use

You agree to use the Service only for its intended purpose of personal mood and wellbeing tracking. You may not:

• Use the Service for any illegal purpose
• Attempt to reverse engineer, decompile, or disassemble the application
• Interfere with or disrupt the operation of the Service
• Attempt to gain unauthorised access to other users' accounts or data
• Use the Service to transmit malware, spam, or other harmful content
• Use automated systems (bots, scrapers) to access the Service without permission

7. Medical Disclaimer

Vibbrancy is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or mental health condition. The insights, analytics, and recommendations provided are for informational and self-awareness purposes only. They do not constitute medical advice, psychological counselling, or therapy.

If you are experiencing a mental health crisis, please contact a qualified healthcare professional, call your local emergency services, or contact a crisis helpline immediately.

8. Your Data

You retain full ownership of the personal data you enter into the Service. We process your data in accordance with our Privacy Policy. You can export or delete your data at any time.

9. Intellectual Property

The Vibbrancy application, including its design, source code, content, branding, and documentation, is owned by Vibbrancy and protected by copyright and intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or branding without prior written consent.

10. Service Availability

We strive to provide a reliable service but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify users of planned downtime.

11. Limitation of Liability

To the maximum extent permitted by applicable law (including the Australian Consumer Law), Vibbrancy shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Service, including but not limited to loss of data, loss of profits, or emotional distress.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or guarantees that cannot be excluded under consumer protection laws.

12. Indemnification

You agree to indemnify and hold harmless Vibbrancy, its officers, employees, and agents from any claims, damages, or expenses arising from your violation of these Terms or misuse of the Service.

13. Termination

We may suspend or terminate your access to the Service if you violate these Terms. You may terminate your account at any time by deleting your account in Settings. Upon termination, your right to use the Service ceases. Provisions that by their nature should survive termination (including Sections 7, 8, 9, 11, 12, and 15) will survive.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through the application or by email at least 14 days before changes take effect. Continued use of the Service after changes constitutes acceptance of the revised Terms. If you disagree with the changes, you should stop using the Service and delete your account.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia. Nothing in these Terms affects your rights as a consumer under the Australian Consumer Law or equivalent consumer protection laws in your jurisdiction.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17. Contact Us

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

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