Application: MoodShapes (the “Application”, “Software”, “Software Product”) Owner / Licensor / Service Provider: Ausianovich Kanstantsin, an individual (the “Owner”, “we”, “us”) Contact: [email protected] Effective date: 2026-05-05 Last updated: 2026-05-05
READ CAREFULLY. This End-User License Agreement (“EULA”) is a binding legal contract between you, the end user (whether an individual or a legal entity), and Ausianovich Kanstantsin (the “Owner”) governing your access to and use of the Application. By downloading, installing, registering for, accessing, or using the Application, you agree to be bound by this EULA, the accompanying Privacy Policy, and all rules and policies referenced in them. If you do not agree to all of the terms, do not download, install, or use the Application, and uninstall it from your device immediately. The Application is rated 13+ in the Apple App Store and is intended only for users who are at least thirteen (13) years of age. Users between 13 and the age of digital majority in their jurisdiction may use the Application only with the active involvement and verifiable consent of a parent or legal guardian, who is responsible for accepting this EULA on the minor’s behalf.
NOT A MEDICAL DEVICE. NOT MEDICAL OR PSYCHOLOGICAL ADVICE. The Application is a self-help tool for personal mood tracking and general self-reflection. It is not a medical device, is not intended to diagnose, treat, cure, mitigate, monitor, or prevent any disease, disorder, or condition, and does not establish any clinician-patient, therapist-client, or fiduciary relationship. The questionnaires offered inside the Application (including, but not limited to, WHO-5, PHQ-9, GAD-7, PSS-10, K10, RSES, AUDIT, SWLS, BAT-12, IPIP-NEO-50, EPI Short, and Belov Temperament) are presented for educational and self-reflective purposes only and are not clinical screening, diagnostic, or therapeutic instruments as used within the Application. You must not rely on the Application for any health, medical, mental-health, safety, employment, legal, financial, insurance, custody, or similar decision. See Sections 7–10. By using the Application you acknowledge and accept all of these statements without reservation.
Definitions
- “Application” / “Software” — the MoodShapes mobile application for Apple iPhone and Apple Watch, including all updates, upgrades, screens, content, code, design, copy, sounds, graphics, questionnaires, scoring rules, written interpretations, and accompanying materials provided by the Owner.
- “Owner” — Ausianovich Kanstantsin, the individual author and rights holder of the Application.
- “You” / “User” — the natural person who installs or uses the Application, or, where applicable, the legal entity on whose behalf such person acts and which can be lawfully bound by this EULA.
- “Application Marketplace Partner” — Apple Inc., operator of the Apple App Store, through which the Application is distributed.
- “Subscription” — a paid recurring entitlement to PREMIUM features as described in Section 6.
- “Content” — anything you create or store within the Application (mood entries, notes, photos, tags, answers to questionnaires, settings).
Acceptance and Eligibility
2.1 You confirm that you are at least thirteen (13) years old and that you have the legal capacity to enter into this EULA. If you are between 13 and the age of digital majority in your jurisdiction (for example, 16 in parts of the European Economic Area, or the equivalent threshold under the U.S. Children’s Online Privacy Protection Act and similar laws), you confirm that a parent or legal guardian has reviewed this EULA and the Privacy Policy and consented to your use of the Application on your behalf, and that the parent or legal guardian is responsible for supervising your use. If you are under 13, you must not download, install, or use the Application.
2.2 You represent that you are not located in, under the control of, or a national or resident of any country subject to a comprehensive embargo by the United States or the European Union, and that you are not on any government list of prohibited or restricted parties.
2.3 You represent that you will use the Application only for lawful, personal, non-commercial purposes and in compliance with all applicable laws, regulations, and Apple’s Media Services Terms and Conditions (the “Usage Rules”).
2.4 If you do not accept this EULA, you have no right to install or use the Application and must uninstall it immediately.
License Grant
3.1 Subject to your continued compliance with this EULA, the Owner grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one (1) copy of the Application on Apple-branded devices that you own or control, solely for your personal, non-commercial use, in object-code form only, and only as permitted by Apple’s Usage Rules.
3.2 The Application is licensed, not sold. No title or ownership in the Application is transferred to you. All rights not expressly granted to you in this EULA are reserved by the Owner.
Restrictions on Use
You shall not, and shall not permit any third party to, do any of the following:
- copy (other than as expressly permitted by this EULA), reproduce, distribute, publish, display, perform, modify, create derivative works of, translate, adapt, or otherwise exploit the Application or any part of it;
- decompile, disassemble, reverse engineer, decrypt, or attempt to derive the source code, underlying ideas, algorithms, file formats, programming, or interoperability interfaces of the Application, except to the limited extent that applicable law expressly prohibits such restriction;
- rent, lease, lend, sell, sub-license, assign, transfer, host, time-share, or use the Application as a service bureau or for any commercial purpose;
- remove, obscure, alter, or falsify any copyright, trademark, or other proprietary notice in or on the Application;
- use the Application to build a competing product, to train any artificial-intelligence or machine-learning system, or to extract or scrape any of its content;
- circumvent, disable, or otherwise interfere with security-related features of the Application, the App Store, or any device on which the Application runs;
- transmit through the Application any virus, worm, trojan horse, malicious code, or other harmful component;
- use the Application in any manner that violates applicable law, infringes or misappropriates third-party rights, defames or harasses any person, or that is intended to harm any person or system.
Any attempt to do any of the foregoing is null and void and constitutes a material breach of this EULA, automatically terminating your license under Section 17.
Ownership; Intellectual Property
5.1 The Application, including all of its content, code, trademarks, service marks, logos, designs, look-and-feel, questionnaires (and the way they are arranged, scored, displayed and interpreted within the Application), text, illustrations, graphics, audio, and any related documentation, is owned by the Owner or licensed to the Owner and is protected by copyright, trademark, trade-secret, and other intellectual-property laws and treaties worldwide.
5.2 References to third-party trademarks (including the names of recognised psychometric instruments) are made for identification only and do not imply endorsement of, by, or any affiliation with the third parties that created the original instruments. The Owner does not claim ownership of the underlying psychometric instruments themselves; the Owner does claim ownership of the Owner’s implementation, presentation, code, copywriting, scoring logic, written interpretations, illustrations, and overall product expression as embodied in the Application.
5.3 Feedback, suggestions, ideas, or other materials you voluntarily submit to the Owner relating to the Application (collectively, “Feedback”) are submitted on a non-confidential basis. You hereby grant the Owner a perpetual, worldwide, royalty-free, irrevocable, sublicensable, transferable license to use, modify, reproduce, distribute, and exploit the Feedback for any purpose without compensation to you.
Subscriptions, Free Tier, Free Trial, Payments
6.1 Access tiers. The Application may offer the following access modes, at the Owner’s sole discretion and as available in your country:
- Free version — a permanently free mode with limited functionality (including, by way of example only, the WHO-5 self-test).
- Free trial — a time-limited mode that grants temporary access to PREMIUM features at no cost.
- PREMIUM subscription — recurring paid access to additional features such as the additional questionnaires, mood analytics, mood patterns, customisable tags, and PDF reporting.
6.2 Sale by Apple. PREMIUM subscriptions, when purchased, are sold to you by Apple Inc. through the App Store. Payment will be charged to your Apple ID account upon confirmation of purchase. The applicable price, currency, taxes, and any promotional offers will be displayed to you in the App Store paywall before purchase, in accordance with Apple’s rules.
6.3 Auto-renewal. Unless you cancel at least 24 hours before the end of the current period, your Subscription will automatically renew, and your Apple ID will be charged the then-applicable renewal price within 24 hours prior to the end of the current period. The Subscription will continue to renew until cancelled.
6.4 Subscription terms. For the purpose of this EULA, “monthly” means a 30-day period and “yearly” means a 365-day period. Indicative pricing (subject to change and to the price displayed by Apple in your jurisdiction at the time of purchase): monthly Subscription paid in monthly installments; yearly Subscription paid as a single up-front amount with automatic annual renewal.
6.5 Cancellation and refunds. You can cancel your Subscription at any time through the Subscriptions section of your Apple ID account settings. Cancellation takes effect at the end of the current paid period; you keep PREMIUM access until then. All payments are non-refundable except as required by applicable law or by Apple’s policies. Partial-period refunds are not provided. Refund requests are handled exclusively by Apple under Apple’s policies; the Owner has no ability to issue refunds on Apple’s behalf.
6.6 Free-trial conversion. If you sign up for a free trial that converts to a paid Subscription, you must cancel before the end of the trial to avoid charges. Any unused portion of a free trial is forfeited when you start a paid Subscription. The Owner is not responsible for charges resulting from your failure to cancel a trial in time.
6.7 Price changes. The Owner may change Subscription prices and Subscription packaging from time to time. Where required by Apple’s rules, you will be notified of price increases and given the option to accept or cancel before the change takes effect. Continued use of the Subscription after the effective date constitutes acceptance.
6.8 Family Sharing, redemption codes, gifts. Availability of Family Sharing, promotional codes, and gift redemption is determined by Apple and the Owner’s configuration; the Owner does not guarantee availability of any such feature.
NOT A MEDICAL DEVICE; NO MEDICAL OR PSYCHOLOGICAL ADVICE
7.1 The Application is a general-purpose self-help and self-reflection tool. It is not a medical device under the regulations of the United States Food and Drug Administration, the European Union Medical Device Regulation 2017/745, the United Kingdom Medicines and Healthcare products Regulatory Agency, or any analogous authority. The Owner makes no clinical, medical, diagnostic, therapeutic, or wellness claim about the Application.
7.2 Nothing presented in or generated by the Application constitutes medical advice, psychological advice, psychiatric advice, mental-health treatment, counseling, therapy, diagnosis, or recommendation. No clinician-patient, therapist-client, doctor-patient, coach-client, or fiduciary relationship is created between you and the Owner by your use of the Application.
7.3 The Application is not designed to detect, diagnose, screen, monitor, predict, treat, cure, mitigate, or prevent any disease, disorder, or condition, including (without limitation) depression, anxiety, post-traumatic stress, suicidal ideation, self-harm, alcohol-use disorder, eating disorders, psychosis, bipolar disorder, personality disorders, burnout, sleep disorders, or any cardiovascular, neurological, endocrine, or other physical condition.
7.4 You must always seek the advice of a qualified, licensed health-care professional with any questions you may have regarding your health or a medical or mental-health condition. Never disregard professional advice or delay seeking it because of something you have seen, read, or computed in the Application. Reliance on any information provided through the Application is solely at your own risk.
Self-Tests and Questionnaires — Self-Reflection Only
8.1 The Application includes a number of self-administered questionnaires. Within the Application these questionnaires are used for general self-reflection only, regardless of the historical clinical or research uses of the underlying instruments outside the Application.
8.2 The bands, ranges, scores, colors, illustrations, written interpretations and any messages presented after a questionnaire are simplified educational summaries. They are not a clinical assessment, are not a diagnosis, are not a screening recommendation, and must not be interpreted as such, even if their wording resembles clinical terminology. They are not adjusted, validated, calibrated, normed, or stratified for your individual demographic, clinical, cultural, or linguistic context.
8.3 The Application does not, and cannot, take into account your full personal history, medications, medical or psychological history, family history, current circumstances, or risk factors. The Application is unsuitable for emergency, crisis, forensic, occupational, custody, insurance, or any high-stakes use.
8.4 You agree that you will not present, distribute, or otherwise represent any output of the Application to any third party (including any health-care professional, employer, school, court, insurer, or government authority) as a clinical assessment, diagnosis, screening, or evidence of any health condition. You bear full responsibility for any decision you make based on Application output.
Mental-Health Crisis and Emergencies
THE APPLICATION DOES NOT PROVIDE EMERGENCY SERVICES. If you are in crisis, are experiencing thoughts of self-harm or suicide, are unsafe, or believe that you or someone else is in danger, stop using the Application immediately and contact local emergency services (for example, dial 112 in the European Union, 911 in the United States, 999 in the United Kingdom, or the equivalent emergency number for your country) or a recognised crisis line, or go to your nearest emergency department. The Application is not monitored by any clinician, does not detect crisis, does not contact authorities or third parties on your behalf, and is not a substitute for professional emergency care.
Assumption of Risk; Your Responsibility
10.1 You knowingly and voluntarily assume all risks associated with your use of the Application, including emotional discomfort that may arise from reflecting on mood, mental health, alcohol use, personality, or related topics.
10.2 You are solely responsible for any decision or action you take in reliance on the Application, for keeping your device secure, for backing up your Content, and for complying with the laws of the jurisdiction in which you use the Application.
10.3 You acknowledge that questionnaire content may include topics (for example, low mood, anxiety, alcohol consumption, self-image, suicidal ideation in PHQ-9 question 9) that you may find sensitive. If you are not in a stable position to engage with such material, do not use the Application.
Privacy
Use of the Application is also governed by the Privacy Policy, which is incorporated into this EULA by reference. By accepting this EULA you are also accepting the Privacy Policy. Capitalised terms not defined here have the meaning given in the Privacy Policy.
Updates and Modifications
12.1 The Owner may, at its sole discretion and at any time, release updates, patches, bug fixes, hot-fixes, configuration changes, or new versions of the Application that may add, modify, suspend, or remove features, content, questionnaires, scoring rules, illustrations, copy, or supported devices, with or without notice. Continued use of the Application following such update constitutes your acceptance of the updated Application.
12.2 Updates may be required for continued use of the Application, including for the continued availability of PREMIUM features. The Owner is not liable for any loss of data or functionality caused by your decision to install or refuse an update.
Disclaimer of Warranties
13.1 THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER, ITS LICENSORS, AND ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
13.2 WITHOUT LIMITING THE FOREGOING, THE OWNER DOES NOT WARRANT THAT (a) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (b) THE APPLICATION WILL OPERATE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, (c) THE INFORMATION, INTERPRETATIONS, BANDS, OR SCORES PROVIDED BY THE APPLICATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR APPROPRIATE FOR ANY PURPOSE, INCLUDING ANY HEALTH OR CLINICAL PURPOSE, OR (d) ANY ERRORS WILL BE CORRECTED.
13.3 THE ENTIRE RISK ARISING OUT OF YOUR USE OR INABILITY TO USE THE APPLICATION REMAINS WITH YOU. NO ORAL OR WRITTEN STATEMENT OBTAINED FROM THE OWNER OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA.
13.4 Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions the warranty exclusions in this Section apply to the maximum extent permitted by law.
Limitation of Liability
14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OWNER, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including, without limitation, damages for: (a) loss of profits, revenue, goodwill, or business; (b) loss, corruption, or unavailability of data or Content; (c) personal injury, emotional distress, mental-health deterioration, self-harm, suicide, alcohol-related harm, or death; (d) decisions made on the basis of any output of the Application, including any questionnaire result; (e) loss caused by reliance on the Application as a substitute for professional medical, psychological, legal, financial, or other advice; (f) device, software, or third-party-service malfunction; (g) cost of substitute goods or services; or (h) any other commercial damages or losses, in each case arising out of or related to this EULA, the Application, the Privacy Policy, or your use of, or inability to use, the Application, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, and even if the Owner has been advised of the possibility of such damages.
14.2 IN NO EVENT WILL THE OWNER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA, THE APPLICATION, OR THE PRIVACY POLICY EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE APPLICATION (NET OF REFUNDS) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, OR (b) FIVE U.S. DOLLARS (USD 5.00). This limitation applies in the aggregate to all claims, regardless of their number or basis.
14.3 The exclusions and limitations in this Section apply to the fullest extent permitted by applicable law in your jurisdiction. Some jurisdictions do not allow the exclusion or limitation of certain damages, including damages for personal injury or death caused by negligence, fraud, or other intentional or grossly negligent conduct; in such jurisdictions, the Owner’s liability is limited to the smallest amount permitted by law, and the remaining provisions of this Section continue to apply to the maximum extent permitted.
14.4 The parties acknowledge that the Application is offered at a low price (or for free) and that the disclaimers and limitations in this EULA reflect a reasonable allocation of risk. The Owner would not be able to provide the Application on these economic terms without these disclaimers and limitations, and they are an essential basis of the bargain between the parties.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Owner and the Owner’s affiliates, licensors, contractors, and successors (the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, judgments, damages, losses, fines, penalties, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your use or misuse of the Application; (b) any decision you take or fail to take based on Application output, including any questionnaire result; (c) your breach of this EULA or the Privacy Policy; (d) your violation of any law or of any rights of any third party; (e) your Content; (f) any unauthorised use of your Apple ID or device; or (g) any harm caused to you or any third party in reliance on the Application as a substitute for professional medical, psychological, legal, financial, or other advice. The Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate in asserting any available defenses.
Prohibited Uses; Compliance
You may not use the Application: (a) in any manner that violates any applicable law or regulation; (b) for any clinical, diagnostic, screening, therapeutic, occupational, forensic, custody, insurance underwriting, employment, or research purpose; (c) on behalf of any third party without their explicit and competent consent; (d) in any way that could damage, disable, overburden, or impair the Application; or (e) to upload, post, store, or transmit any content that is unlawful, harmful, defamatory, obscene, infringing, or that violates the rights of any third party.
Termination
17.1 This EULA is effective until terminated. Without prejudice to any other rights, the Owner may terminate this EULA and your license at any time without notice if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the Application and destroy all copies in your possession or control.
17.2 You may terminate this EULA at any time by uninstalling the Application and ceasing to use it. Termination does not entitle you to a refund of any fees already paid (refunds, if any, are governed by Section 6 and Apple’s policies).
17.3 Sections 4, 5, 7–11, 13–17, 19–24 (and any other provision that by its nature is intended to survive) survive termination of this EULA.
Apple-Specific Terms (Licensed Application End-User License Agreement)
You acknowledge that this EULA is concluded between you and the Owner only, and not with Apple Inc. (“Apple”), and that the Owner — not Apple — is solely responsible for the Application and its content. The following terms apply where the Application is delivered through Apple’s App Store, in addition to the rest of this EULA, and to the extent of any conflict between them and the rest of this EULA, the following terms control as between you and Apple:
- Scope of Licence. The licence granted to you in Section 3 is limited to a non-transferable licence to use the Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in Apple’s Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance and Support. The Owner is solely responsible for providing any maintenance and support services with respect to the Application as specified in this EULA or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- Warranty. The Owner is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Owner’s sole responsibility.
- Product Claims. You and the Owner acknowledge that the Owner, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to, (a) product liability claims, (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the Application’s use of any HealthKit or HomeKit framework (where applicable). This EULA does not limit the Owner’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights. You and the Owner acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Owner, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual-property infringement claim.
- Legal Compliance. You represent and warrant that (a) you 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address. Owner: Ausianovich Kanstantsin. Contact for any questions, complaints, or claims: [email protected].
- Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Application.
- Third-Party Beneficiary. You and the Owner acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
Governing Law; Dispute Resolution
19.1 To the maximum extent permitted by applicable law, this EULA, the Privacy Policy, and any non-contractual obligations arising out of or in connection with them are governed by, and shall be construed in accordance with, the substantive laws of the jurisdiction in which the Owner resides at the time the dispute arises, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
19.2 Subject to the mandatory consumer-protection laws of your country of residence, any dispute, controversy, or claim arising out of or related to this EULA shall be brought exclusively before the competent courts of the Owner’s place of residence, and you and the Owner irrevocably submit to the personal jurisdiction of those courts.
19.3 No class actions. To the fullest extent permitted by law, you and the Owner agree that any dispute will be resolved on an individual basis only, and not as part of any class, collective, consolidated, or representative action. If a court of competent jurisdiction holds this class-action waiver unenforceable, then the entire Section 19.3 will be severed from this EULA, but the remainder of Section 19 will remain in full force and effect.
19.4 Statute of limitations. Any claim arising out of or related to this EULA must be filed within one (1) year after the cause of action accrues, except where applicable law prohibits a shorter limitation period than the statutory one, in which case the shortest period permitted by such law shall apply.
19.5 Nothing in this Section limits any non-waivable rights you may have under the mandatory consumer-protection laws of your country of habitual residence.
Force Majeure
The Owner is not liable for any failure or delay in performance under this EULA caused by circumstances beyond the Owner’s reasonable control, including acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil disturbance, government action, sanctions, embargoes, labour disputes, internet, telecommunications, or third-party-service failures (including failures of Apple, RevenueCat, PostHog, or other third-party providers).
Export Compliance
The Application may be subject to export-control laws of the United States, the European Union, the United Kingdom, and other jurisdictions. You agree to comply with all such laws and to not export, re-export, or transfer the Application, directly or indirectly, to any country, entity, or person to which such export, re-export, or transfer is restricted or prohibited.
U.S. Government End Users
The Application is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, the Application is licensed to U.S. Government end users only as commercial items and only with the rights granted to all other end users under this EULA.
Severability; Waiver; Assignment; Entire Agreement; Notices
23.1 Severability. If any provision of this EULA is held unenforceable, invalid, or illegal by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
23.2 No waiver. The Owner’s failure to enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision.
23.3 Assignment. You may not assign or transfer this EULA, in whole or in part, by operation of law or otherwise, without the Owner’s prior written consent. The Owner may assign this EULA freely. Any prohibited assignment will be null and void.
23.4 Entire agreement. This EULA, together with the Privacy Policy, the App Store rules applied to your purchase, and any in-app subscription disclosures, constitutes the entire agreement between you and the Owner concerning the Application and supersedes all prior or contemporaneous communications, understandings, and agreements, whether oral or written.
23.5 Relationship of the parties. Nothing in this EULA establishes a partnership, joint venture, employment, agency, fiduciary, or franchise relationship between you and the Owner.
23.6 Language. The English-language version of this EULA is the controlling version. Any translation is provided for convenience only.
23.7 Notices. The Owner may give notice to you by email, in-app message, or by posting at the URL where this EULA is published. You must give notice to the Owner at [email protected].
Changes to this EULA
The Owner may modify this EULA at any time by posting an updated version at the URL where it is published, with a revised “Last updated” date. Material changes will, where practical, also be communicated through an in-app notice or App Store release notes. Your continued use of the Application after the effective date of an amendment constitutes your acceptance of the amended EULA. If you do not accept the amended EULA, your sole and exclusive remedy is to stop using the Application, cancel any active Subscription through Apple, and uninstall the Application.
Contact
For any questions, complaints, requests, or claims arising out of or in connection with the Application or this EULA, contact:
Owner: Ausianovich Kanstantsin Email: [email protected]
By installing or using the Application, you acknowledge that you have read this EULA, understand it, and agree to be bound by it. You further acknowledge and agree that the Application is NOT a medical device and does NOT provide medical or psychological advice, that the in-app questionnaires are for self-reflection only, that you assume all risk associated with your use of the Application, and that you accept the disclaimers and limitations of liability above as an essential basis of the bargain between you and the Owner.