Terms of Use

LuvYa wellbeing app · Provided by Appex s.r.o.

These Terms of Use ("Terms") govern your access to and use of the LuvYa mobile application, website, content, features, services, subscriptions, and related functionality (together, the "Service").

The Service is provided by Appex s.r.o., a company incorporated and operating under the laws of Slovakia, with its registered address at Vojvodská 3663/12, 040 01 Košice, Slovakia ("Appex", "LuvYa", "we", "us", or "our").

By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Service.

Please also read our Privacy Policy, which explains how we collect, use, and protect personal information.

1. Important notice

LuvYa is a general wellbeing and lifestyle app. It is not a medical device, healthcare service, therapy service, emergency service, diagnostic tool, treatment plan, clinical recommendation system, or substitute for professional advice.

The Service may provide personalised or AI-generated wellbeing plans, daily suggestions, reflections, routines, movement ideas, nutrition ideas, mindfulness prompts, breathing exercises, sleep-related suggestions, self-care ideas, and similar content. All such content is provided for general informational and lifestyle purposes only.

You are solely responsible for deciding whether, when, and how to use any content, suggestion, activity, plan, routine, or feature provided through the Service.

To the maximum extent permitted by applicable law, Appex is not responsible for any injury, harm, damage, loss, emotional distress, health issue, medical issue, physical issue, financial loss, data loss, or other consequence arising from or related to your access to, use of, inability to use, reliance on, or interpretation of the Service.

2. No medical, mental health, fitness, nutrition, fertility, or professional advice

The Service does not provide medical advice, mental health advice, psychological advice, psychiatric advice, fitness coaching, nutrition counselling, fertility advice, sex therapy, diagnosis, treatment, prevention, cure, or professional healthcare recommendations.

Any content related to sleep, stress, mood, energy, mindfulness, movement, exercise, nutrition, fertility, sex wellbeing, confidence, self-care, habits, or mental wellbeing is general in nature and may not be suitable for your personal circumstances.

You should consult a qualified healthcare professional before acting on any content from the Service if you have any medical condition, injury, disability, pregnancy, fertility concern, mental health concern, eating disorder, sleep disorder, chronic illness, medication, physical limitation, or any other condition that may be affected by lifestyle, movement, nutrition, breathing, mindfulness, or wellbeing activities.

Do not ignore, delay, or replace professional medical advice because of anything you see in the Service.

3. No guarantee of results

We do not promise, guarantee, or warrant that the Service will improve your wellbeing, sleep, mood, energy, stress, confidence, body, habits, relationships, sex life, fertility, mental health, physical health, lifestyle, or any other outcome.

Wellbeing outcomes vary from person to person. Suggestions that may be helpful for one person may be ineffective, unsuitable, uncomfortable, or harmful for another.

You acknowledge and agree that your results depend on many factors outside our control, including your personal circumstances, health, environment, consistency, interpretation of the content, and choices you make outside the Service.

4. Your responsibility and assumption of risk

You use the Service voluntarily and at your own risk.

You are solely responsible for:

• deciding whether any suggestion, activity, routine, exercise, reflection, prompt, or plan is appropriate for you;
• stopping any activity if you feel pain, discomfort, dizziness, distress, anxiety, worsening symptoms, or any other negative effect;
• using reasonable judgement before following any suggestion;
• adapting or ignoring suggestions that are not suitable for your circumstances;
• ensuring that your use of the Service complies with applicable laws and does not create risk to you or others;
• seeking professional advice where appropriate.

You understand that physical activity, breathing exercises, mindfulness, lifestyle changes, nutrition changes, sleep changes, self-reflection, emotional prompts, and other wellbeing activities may carry risks. These risks may include physical injury, emotional discomfort, stress, frustration, negative feelings, worsening of symptoms, or other unintended effects.

To the maximum extent permitted by applicable law, you knowingly and voluntarily assume all risks associated with your use of the Service.

5. AI-generated content

The Service may use artificial intelligence systems to generate or support personalised plans, reflections, insights, prompts, and recommendations.

AI-generated content may be incomplete, inaccurate, outdated, unsuitable, biased, repetitive, or inappropriate for your personal circumstances. The Service may misunderstand your input or generate suggestions that do not reflect your actual needs.

You must not rely on AI-generated content as professional, medical, psychological, legal, financial, fitness, nutrition, fertility, or safety advice.

You are solely responsible for reviewing and deciding whether any AI-generated content is appropriate before using it.

To the maximum extent permitted by applicable law, Appex is not liable for any consequence arising from AI-generated content, including any act, omission, decision, reliance, interpretation, injury, harm, emotional distress, or loss connected to such content.

6. Eligibility

You must be at least 16 years old to use the Service, unless a higher minimum age is required by applicable law in your country.

If you are under the required age, you must not use the Service.

By using the Service, you confirm that you meet the age requirement and have the legal capacity to enter into these Terms.

7. Account and security

You may need to create an account to use some or all features of the Service.

You are responsible for keeping your login details secure and for all activity that occurs under your account.

You agree to provide accurate information and to keep it up to date where necessary.

You must notify us if you believe your account has been accessed without authorisation.

To the maximum extent permitted by applicable law, Appex is not responsible for any loss or damage arising from unauthorised access to your account, unless caused by our breach of a legal duty that cannot be excluded.

8. Subscriptions, payments, and refunds

Some features of the Service may require payment, subscription, or in-app purchase.

Payments, renewals, cancellations, and refunds may be processed by Apple App Store, Google Play, or another payment provider. Their terms and policies may apply in addition to these Terms.

Subscription fees may renew automatically unless cancelled before the renewal date in accordance with the applicable app store or payment provider rules.

Except where required by applicable law or by the rules of the relevant app store or payment provider, payments are non-refundable.

We do not guarantee that all features will be available at all times, that all content will remain unchanged, or that the Service will be uninterrupted or error-free.

9. Right of withdrawal for EEA consumers

If you are a consumer located in the European Economic Area, you may have a legal right to withdraw from a digital service contract within 14 days, subject to applicable legal rules and exceptions.

Where you request immediate access to digital content or digital services during the withdrawal period, you may be asked to consent to immediate performance and acknowledge that your withdrawal right may be affected once the digital content or service is provided.

Nothing in these Terms limits any mandatory consumer rights that cannot be excluded under applicable law.

10. Acceptable use

You agree not to:

• use the Service for unlawful, harmful, abusive, fraudulent, or misleading purposes;
• use the Service as a replacement for emergency, medical, mental health, or professional support;
• enter information that you do not have the right to provide;
• interfere with or disrupt the operation, security, or integrity of the Service;
• reverse engineer, copy, modify, scrape, extract, index, or commercially exploit the Service without our written permission;
• use automated systems, bots, scripts, or other tools to access or extract data from the Service;
• attempt to access accounts, systems, data, or features without authorisation;
• upload or submit content that is unlawful, harmful, offensive, defamatory, infringing, or violates the rights of others;
• use the Service in a way that may harm Appex, other users, service providers, or third parties.

We may suspend, restrict, or terminate access to the Service if we reasonably believe you have violated these Terms, created risk, misused the Service, or where required to protect the Service, users, Appex, or third parties.

11. User content and feedback

You may be able to submit information, notes, check-ins, reflections, preferences, feedback, or other content through the Service ("User Content").

You are solely responsible for your User Content and for ensuring that you have the right to submit it.

You grant Appex a worldwide, non-exclusive, royalty-free licence to use, store, process, display, reproduce, adapt, and analyse your User Content as necessary to provide, maintain, secure, and improve the Service, subject to our Privacy Policy.

You understand that User Content may be used to personalise the Service and may be processed by systems or service providers that support the Service.

You must not submit content that is unlawful, harmful, abusive, threatening, defamatory, invasive of privacy, infringing, misleading, or otherwise inappropriate.

12. Intellectual property

The Service, including its software, design, interface, text, graphics, logos, features, content, databases, models, prompts, workflows, and other materials, is owned by or licensed to Appex and is protected by intellectual property laws.

You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial purposes in accordance with these Terms.

You do not acquire any ownership rights in the Service.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or create derivative works from the Service unless expressly permitted by applicable law or by written permission from Appex.

13. Third-party services

The Service may rely on or integrate third-party services, including cloud hosting, authentication, analytics, crash reporting, payment processing, app stores, AI infrastructure, or other tools.

We do not control third-party services and are not responsible for their availability, content, performance, security, acts, omissions, policies, or failures.

Your use of third-party services may be subject to their own terms and privacy policies.

To the maximum extent permitted by applicable law, Appex is not liable for any loss, damage, interruption, data issue, payment issue, security issue, or other consequence caused by or related to third-party services.

14. App stores

If you download the Service through Apple App Store or Google Play, you acknowledge that the relevant app store provider is not responsible for the Service, its content, maintenance, support, claims, or liability, except as required by its own terms or applicable law.

Apple, Google, and their subsidiaries may be third-party beneficiaries of these Terms to the extent required by applicable app store rules.

The licence granted to you is limited to use of the Service on devices that you own or control and as permitted by the applicable app store terms.

15. Service availability and changes

We may modify, update, suspend, discontinue, limit, replace, remove, or change any part of the Service at any time, including features, content, design, plans, AI functionality, pricing, subscriptions, availability, and technical requirements.

We do not guarantee that the Service will always be available, uninterrupted, secure, accurate, complete, error-free, or compatible with every device, operating system, or region.

The Service may contain bugs, errors, delays, outages, data loss, incorrect outputs, or other technical problems.

To the maximum extent permitted by applicable law, Appex is not liable for any unavailability, modification, suspension, discontinuation, loss of content, loss of data, device issue, software issue, or other consequence related to the Service.

Where required by applicable consumer law, we will provide notice of material changes or discontinuation where legally necessary.

16. Disclaimer of warranties

The Service is provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, Appex disclaims all warranties, representations, guarantees, and conditions of any kind, whether express, implied, statutory, or otherwise, including warranties of accuracy, reliability, suitability, fitness for a particular purpose, merchantability, availability, security, non-infringement, and uninterrupted or error-free operation.

We do not warrant that:

• the Service will meet your expectations or needs;
• the Service will improve your wellbeing or produce any specific result;
• the Service will be suitable for your health, body, mind, lifestyle, circumstances, or goals;
• the Service will be accurate, complete, safe, reliable, or up to date;
• the Service will be uninterrupted, secure, or free of bugs, viruses, errors, or harmful components;
• any AI-generated content will be correct, appropriate, or useful.

Nothing in these Terms excludes or limits any warranty, guarantee, or right that cannot be excluded under applicable law.

17. Limitation of liability

To the maximum extent permitted by applicable law, Appex, its owners, directors, employees, contractors, affiliates, partners, suppliers, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive, or other damages, losses, costs, expenses, or claims arising out of or related to:

• your access to, use of, or inability to use the Service;
• your reliance on any content, plan, suggestion, activity, routine, reflection, AI output, notification, or information provided by the Service;
• any physical injury, emotional distress, health issue, mental health issue, worsening of symptoms, discomfort, or other personal harm;
• any action or omission you take based on the Service;
• any failure to seek professional advice;
• any inaccurate, incomplete, unsuitable, or inappropriate content;
• any AI-generated content or automated personalisation;
• any loss of data, loss of content, account issue, device issue, software issue, interruption, delay, or security issue;
• any third-party service, app store, payment provider, AI provider, hosting provider, analytics provider, or other external service;
• any unauthorised access to or use of your account or information;
• any change, suspension, discontinuation, or unavailability of the Service.

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, statute, consumer law, warranty, misrepresentation, or any other legal theory, even if Appex has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Appex's total aggregate liability for all claims arising out of or related to the Service shall not exceed the greater of:

• the amount you paid to Appex for the Service in the 12 months before the event giving rise to the claim; or
• EUR 50.

Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intentional misconduct, fraud, fraudulent misrepresentation, or other liability that applicable law does not allow to be excluded.

18. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Appex, its owners, directors, employees, contractors, affiliates, partners, suppliers, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your use or misuse of the Service;
• your violation of these Terms;
• your User Content;
• your violation of any law or third-party right;
• your reliance on the Service in a way that causes harm to you or others;
• any claim that your actions, omissions, or content caused harm to another person.

This indemnity does not apply where prohibited by applicable consumer law.

19. Privacy

Your privacy is important to us.

Our Privacy Policy explains how we collect, use, store, and protect personal information when you use the Service.

By using the Service, you acknowledge that we process personal information as described in our Privacy Policy.

20. Termination

You may stop using the Service at any time.

You may delete your account where this functionality is available in the app, or you may contact us to request deletion.

We may suspend, restrict, or terminate your access to the Service at any time if we reasonably believe that:

• you violated these Terms;
• your use creates legal, security, technical, reputational, or operational risk;
• your use may harm Appex, users, third parties, or the Service;
• we are required to do so by law or by a third-party platform;
• we discontinue the Service or any part of it.

Termination does not limit any rights or obligations that by their nature should continue, including intellectual property, disclaimers, limitation of liability, indemnity, and governing law provisions.

21. Changes to these Terms

We may update these Terms from time to time.

Changes may be made to reflect updates to the Service, new features, legal requirements, business changes, security needs, or operational reasons.

If changes are material, we may provide notice through the app, by email, on our website, or by another appropriate method.

If you do not agree to updated Terms, you must stop using the Service.

Your continued use of the Service after updated Terms become effective means that you accept the updated Terms, except where additional consent is required by applicable law.

22. Governing law and jurisdiction

If you are a consumer located in the European Economic Area, United Kingdom, or Switzerland, these Terms do not limit any mandatory consumer protection rights you have under the laws of your country of residence. You may be able to bring legal proceedings in your local courts where required by applicable law.

If you are not acting as a consumer, or to the extent legally permitted, these Terms are governed by the laws of Slovakia, without regard to conflict of law rules, and the competent courts of Slovakia shall have jurisdiction.

23. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

24. No waiver

If we do not enforce any provision of these Terms, this does not mean that we waive our right to enforce it later.

25. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, restructuring, change of control, or transfer of the Service, provided that such transfer is made in accordance with applicable law.

26. Entire agreement

These Terms, together with the Privacy Policy and any additional terms that apply to specific features, subscriptions, or platforms, constitute the entire agreement between you and Appex regarding the Service.

27. Contact

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

Appex s.r.o.
Vojvodská 3663/12
040 01 Košice
Slovakia
appex.slovakia@gmail.com

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