These Terms of Use are a licence agreement between you and Banuel Dogayman ("we", "us", "our"), the publisher of the Unbeatable Heart app (the "App"). By downloading or using the App you agree to them. If you do not agree, do not use the App.
These terms are between you and us, not Apple. Apple is not a party to them, does not own the App, and is not responsible for it or its content. Where the App is downloaded from the App Store, Apple's Licensed Application End User License Agreement does not apply; these terms apply instead, and section 16 explains what that means for Apple.
1. What Unbeatable Heart is, and is not
The App is a private space for recovering from a breakup: a day counter, a journal, a thread for messages you write and never send, a place to keep your own reasons for leaving, and a flow for hard moments.
The App is not medical care, therapy or counselling, and it is not a crisis service. It is not a medical device, it does not diagnose or treat any condition, and using it does not create a relationship with a doctor, therapist or any other professional. The quotes, prompts and encouragement in the App are general and are not advice about your situation.
If you are in danger or thinking about harming yourself, do not rely on the App. Contact your local emergency number or a crisis line. In the United States and Canada call or text 988. In the United Kingdom and Ireland call Samaritans on 116 123. In Australia call Lifeline on 13 11 14. In New Zealand call or text 1737.
2. Who can use the App
You must be at least 18 years old to use the App. By using it you confirm that you are.
3. Your licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in Apple's App Store Terms of Service. The App may be used by other accounts associated with yours through Family Sharing or volume purchasing where Apple allows it.
You may not copy, modify, distribute, sell, rent or sublicense the App, reverse engineer or attempt to extract its source code except where the law expressly allows it, remove any notice of ownership, or use the App for anything unlawful.
4. Your content
Everything you write in the App is yours. We claim no rights in it and, as our Privacy Policy explains, the App never sends it to us and we cannot read it.
Because of that, we also cannot recover it. You are responsible for keeping your phone backed up if you want your entries to survive a lost, broken or replaced device. Deleting an entry in the App erases its words immediately, and deleting the App deletes everything in it.
The App does send us anonymous counts of which screens get opened, so we can see which parts of it work. Those counts never include anything you write, how you said you feel, or anything from the SOS flow, and you can switch them off in Settings. Section 2a of our Privacy Policy sets out exactly what is counted.
5. Subscriptions
Plans. The App is offered as an auto-renewable subscription. The current plans are a quarterly plan, billed every three months, and a weekly plan, billed every week. Both begin with a free trial. Its length, and the price after it, are shown on the subscription screen before you buy, in your local currency, and may differ by country. A build distributed for testing may not offer subscriptions at all.
Payment. Payment is charged to your Apple ID account when you confirm the purchase, or, where a free trial applies, at the end of the trial unless you cancel at least 24 hours before it ends.
Renewal. Your subscription renews automatically at the end of each period, and your account is charged for the next period within 24 hours before the current one ends, unless you turn off automatic renewal at least 24 hours before the end of the current period.
Managing and cancelling. You can manage or cancel your subscription in your Apple ID account settings on your phone after purchase. Cancelling stops the next renewal; it does not refund the current period, and you keep access until the period ends. Deleting the App does not cancel your subscription.
Free trial. Any unused portion of a free trial is forfeited when you purchase a subscription. A trial is offered once per Apple ID.
Refunds. Because Apple processes the purchase, refunds are handled by Apple under Apple's terms. You can request one at https://reportaproblem.apple.com. Nothing in this section limits any right to a refund that you have under the law of your country.
Price changes. If a price changes, Apple will tell you in advance and, where the law or Apple's rules require it, ask for your agreement before the new price applies.
Restoring purchases. If you reinstall the App or move to a new phone, use Restore Purchases in the App to bring your subscription back.
6. Test builds
If you use a version of the App distributed through TestFlight, you are using pre-release software. It may contain errors, may change or lose data, and may stop working when the test period ends or a newer build is released. Apple's TestFlight terms also apply. Any feedback you send us may be used to improve the App without any obligation to you.
7. Notifications
The App can send reminders that you schedule in it. You can turn them off in the App or in your phone's Settings at any time. Notifications never include anything you have written.
8. Our intellectual property
The App, its design, its illustrations, its character Bea, its text and its code belong to us or our licensors and are protected by copyright and other laws. Some quotes in the App are attributed to their authors and remain their property. Nothing in these terms gives you any rights in the App beyond the licence in section 3.
We, not Apple, are responsible for dealing with any claim that the App infringes someone else's intellectual property rights, and for investigating, defending, settling and discharging any such claim.
9. Maintenance and support
We, not Apple, are responsible for maintaining and supporting the App. Apple has no obligation to provide any maintenance or support for it. You can reach us at banueldogayman@gmail.com. We aim to answer within a few days, and we cannot promise that any particular issue will be fixed.
10. Warranty
To the fullest extent the law allows, the App is provided as it is and as available, without any warranty or guarantee of any kind, including that it will be uninterrupted, error free, secure, or fit for any particular purpose.
If the App fails to conform to any warranty that does apply, you may notify Apple, and Apple will refund the purchase price of the App to you. To the fullest extent the law allows, Apple has no other warranty obligation of any kind for the App, and any other claim, loss, liability, damage, cost or expense arising from a failure to conform to a warranty is our responsibility.
11. Product claims
We, not Apple, are responsible for addressing any claim by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
12. Limits on our liability
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be excluded or limited by law.
Subject to that, to the fullest extent the law allows, we are not liable to you for any loss of data, loss of profit, or any indirect or consequential loss arising from the App or these terms, and our total liability to you for everything arising from the App or these terms will not exceed the amount you paid us for the App in the twelve months before the claim arose.
If you are a consumer, you have rights under the law of the country where you live that these terms do not take away, including under the Consumer Rights Act 2015 in the United Kingdom, the Consumer Guarantees Act 1993 in New Zealand, and the Australian Consumer Law, under which our goods and services come with guarantees that cannot be excluded. Where the law allows us to limit our liability for a breach of such a guarantee, it is limited to supplying the App again or refunding what you paid for it.
13. Legal compliance
You confirm that you are not located in a country that is subject to a United States government embargo or that the United States government has designated as a "terrorist supporting" country, and that you are not on any United States government list of prohibited or restricted parties. You agree to comply with all applicable export laws.
14. Third-party terms
The App is distributed by Apple and uses Apple's payment system, so Apple's terms also apply to your download and purchases. The App contains open source software used under its own licences, none of which impose obligations on you as a user. You agree to comply with any third-party terms that apply to your use of the App.
15. Ending this agreement
You can end this agreement at any time by deleting the App. We may end it if you break these terms in a way that matters, and Apple may remove the App from sale. When it ends, the licence in section 3 ends, and sections 4, 8 and 10 to 18 continue to apply. Ending the agreement does not by itself cancel a subscription; see section 5.
16. Apple as a third-party beneficiary
You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these terms, and that on your acceptance of them Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
17. Changes
We may change the App over time, including adding, changing or removing features, and we may update these terms. If a change to these terms is significant we will tell you in the App before it takes effect. Continuing to use the App after that date means you accept the new terms. If you do not, stop using the App and cancel your subscription.
18. Governing law and disputes
These terms, and any dispute arising from them or from the App, are governed by the laws of the State of Israel, without regard to its conflict of law rules. The competent courts of Tel Aviv-Yafo, Israel have exclusive jurisdiction over any such dispute.
If you are a consumer, nothing in this section takes away the mandatory protections of the law of the country where you live, and where that law gives you the right to bring a claim in the courts of that country, you keep that right.
We will try to resolve any dispute informally first: email us at banueldogayman@gmail.com and we will respond within 30 days.
19. Contact
Banuel Dogayman Harav Goren, Israel banueldogayman@gmail.com