Terms and Conditions

1. Acceptance of Terms

1.1 Agreement

By accessing or using the 'Emotional Fitness' mobile application (the "App"), provided by Marc Lafuente Martínez ("I”, "we", "us", "our"), you agree to comply with and be bound by these Terms of Service (the "Terms"). These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Marc Lafuente Martínez, concerning your access to and use of the App in an Android environment.

1.2 Review and Acknowledgment

Please read these Terms carefully before you start using the App. By using the App, registering an account, or clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference.

1.3 Age Requirement

You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are under 18, you may not use the App.

1.4 Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. We will notify you of any changes to the Terms by sending an email to the address you provided when you registered for an 'Emotional Fitness' account, or by placing a prominent notice on our App. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter.

1.5 Your Continued Use

Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new Terms, in whole or in part, please stop using the App and deactivate your account.

1.6 Contact Information

For any questions about these Terms, please contact us, see contact information at the bottom of this document.

2. User Responsibilities and Conduct

2.1 Complementary Use

The 'Emotional Fitness' app is designed to be a complement to treatments offered by licensed psychologists or therapists. It is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

2.2 No Liability for Mental Health Status and its consequences

The app is not liable for the mental health status of the user. The user is solely responsible for seeking and accessing mental health services when they feel they need it. The app cannot be held responsible for the mental health condition or status of any user, or any changes in such condition or status, comprising allegedly related consequences of such mental health condition or status including, but not limited to, harm inflicted on other people and self-harm produced by users.

2.3 No Formal or Medical Diagnoses

The tests and assessments included in the app are designed to provide insights based on the user's input, but they are not intended to issue formal or medical diagnoses. Proper diagnosis of mental health conditions requires a comprehensive and contextual approach conducted by a qualified mental health professional.

2.4 Immediate Danger and Crisis Situations

Users who believe their life is in danger, either due to suicidal tendencies or thoughts or for any other reason, should not use the app and must seek immediate support from emergency services, a healthcare professional, or a crisis hotline in their local environment.

2.5 User Conduct

Users are expected to use the 'Emotional Fitness' app responsibly and in accordance with all applicable laws. Users agree not to use the app in a way that is harmful to others or themselves or in a manner that violates the law.

2.6 User Discretion

The app provides various tools and content related to mental health and well-being. Users should use their own discretion and judgment when using these tools and should consult with a healthcare professional before making any decisions based on the information provided by the app.

2.7 Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether direct or indirect, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the app; (b) any unauthorized access to or use of our servers and/or any personal information stored therein. We will not be liable even if we have been advised of the possibility of such damages. Marc Lafuente Martínez's total liability for any direct damages shall not exceed the amount paid by the user to us during the twelve months prior to the claim.

3. Intellectual Property

3.1 Ownership of Content

All content included in the 'Emotional Fitness' app, such as text, graphics, logos, images, videos, and software, is the property of Marc Lafuente Martínez or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. This includes, but is not limited to, the text included in the challenges, presentation of the topics, and videos produced and published on other platforms.

3.2 User-Generated Content Ownership and Rights: All content, including comments, or other materials that users create, write, or produce while using the app ("User-Generated Content"), becomes the property of Marc Lafuente Martínez. We reserve the right to manage User-Generated Content as we see fit, which includes actions, but not limited to, storing, modifying, and deleting it at our sole discretion, without any further notification and without any compensation to the user.

3.3 Restricted Use

The materials in the 'Emotional Fitness' app are provided for the individual use of the app’s registered users only. Users are not permitted to reproduce, distribute, publicly display, or create derivative works of these materials without the explicit written permission of Marc Lafuente Martínez. This includes sharing materials that are behind a paywall.

3.4 Third-Party Materials

Some materials available in the app, including certain tests and images, are not owned by Marc Lafuente Martínez. These third-party materials are used under license or are in the public domain, and their respective authors or creators retain all rights to these materials. Such third-party materials will be identified and credited appropriately in the app.

3.5 Prohibited Conduct

Users may not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third-party right.

3.6 Reporting of Violations

If you believe that your intellectual property rights are being violated by any content on the app, please contact us, see contact information at the bottom of this document, with a detailed description of the alleged infringement, and we will take appropriate action.

3.7 Violations and Consequences

If you violate the terms of this section, we reserve the right to terminate your account with the 'Emotional Fitness' app without notice. We also reserve the right to take legal action against you, including seeking damages to the fullest extent permitted by law, where we deem it necessary and just. This may include, but is not limited to, seeking economic compensation for violations that have caused harm to us or to our intellectual property.

4. Refund Policy

4.1 General Refund Eligibility: Refunds are only considered for subscribers who have paid for access to the app but are unable to access the content due to technical issues that are within our control, and we have clear evidence of this technical issue and no other evidence contradicts this.

4.2 Refund Requests: To be eligible for a refund, you must submit your request within 14 days of your purchase, along with detailed information about the issue you are experiencing. Requests can be submitted via contact information at the bottom of this document.

4.3 Technical Issues: If you are experiencing technical issues that prevent you from accessing the content, we will first attempt to resolve the issue. If we are unable to resolve the issue within a reasonable timeframe, and we have clear evidence of an issue that prevents you from accessing the contents that are behind the paywall, you may be eligible for a refund.

4.4 No Refund for Dissatisfaction: We do not offer refunds based on dissatisfaction with the content of the app, lack of use, or a change in your mental health needs. We encourage users to thoroughly review the app description and any available previews before purchasing a subscription.

4.5 Refund Process: If your refund request is approved, your refund will be processed, and a credit will automatically be applied to your original payment method within a certain number of days.

4.6 Refund Exceptions: We reserve the right to refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles us to a corresponding counterclaim.

4.7 Exception to the Right of Withdrawal and Explicit Consent: By accepting these terms and initiating the access, download or streaming of digital content through our service, you acknowledge and agree that the performance has begun and you lose your right of withdrawal. By accepting these terms of service, you give your explicit consent to the immediate commencement of the performance of the contract or purchase, acknowledging that you will lose your right of withdrawal from the contract or purchase once the access, download or streaming of the digital content has begun. Please note that the right of withdrawal does not apply to contracts or purchases for the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

5. Termination

5.1 User Termination

You may terminate your account and discontinue your use of the 'Emotional Fitness' app at any time. To do so, please contact us, see contact information at the bottom of this document, with a request to delete your account.

5.2 Termination by Us

We reserve the right, in our sole discretion, to terminate or suspend your account and access to the 'Emotional Fitness' app, at any time, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users of the app or yourself, third parties, or for any other reason like using the app in a way that is deemed inappropriate. We also reserve the right to terminate your account if we believe that your use of the app is in violation of any applicable law or regulation.

5.3 Consequences of Termination

Upon termination of your account, your right to use the 'Emotional Fitness' app will immediately cease. All provisions of these Terms of Service which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5.4 Legal Action

In addition to terminating your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, against users who violate these Terms of Service.

6: Governing Law and Dispute Resolution

6.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles.

6.2 Mediation

In the event of any dispute arising out of or in relation to this Agreement, the parties shall first seek resolution of that dispute by mediation administered by Swiss Arbitration, according to its Mediation Rules. The mediation shall take place in Lausanne, Switzerland, and shall be conducted in French.

6.3 Arbitration

If the dispute has not been resolved by mediation as provided herein within sixty (60) days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be resolved by arbitration administered by Swiss Arbitration, according to its Arbitration Rules. The place of arbitration shall be Lausanne, Switzerland. The arbitration shall be conducted in French.

6.4 Waiver of Jury Trial

To the extent permitted by law, both parties hereby waive their right to a trial by jury in any litigation arising out of or related to this Agreement. This waiver applies to any litigation in any court, whether federal or state, that may have jurisdiction over such a dispute.

6.5 Waiver of Class or Consolidated Actions

Both parties agree that each may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Further, unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

6.6 Exclusive Venue for Legal Action

In the event that the arbitration clause in this section is found to be unenforceable or if any part of this arbitration clause is found to be unenforceable, then the entirety of this arbitration clause shall be null and void, and neither party shall be entitled to arbitrate its dispute. In such cases, the parties agree that exclusive jurisdiction and venue for any legal action arising out of or related to this Agreement shall be the competent courts located in Lausanne, Switzerland.

7. Changes to Terms

7.1 Right to Change Terms

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Any changes or updates will be effective immediately upon posting to this page.

7.2 Notice of Changes

We will notify our users of any changes to these Terms of Service by posting a notice on the 'Emotional Fitness' app and/or by sending an email to the email address associated with your account. It is your responsibility to review these Terms of Service periodically for changes.

7.3 Your Continued Use

Your continued use of the 'Emotional Fitness' app following the posting of changes to these Terms of Service will mean you accept and agree to the changes. If you do not agree to the new terms, please stop using the 'Emotional Fitness' app immediately.

7.4 Effective Date

The date at the bottom of this Terms of Service document indicates when these Terms were last revised. Any changes will become effective upon posting of the revised Terms of Service, and your use of the 'Emotional Fitness' app after such changes have been posted will constitute your acceptance of the changes.

Contact information: support@emotionalfitness.app

Marc Lafuente Martínez

September 1st 2023. Ecublens, Switzerland.