1. Introduction

These comprehensive Terms of Service (“Terms”) govern your use of the EmotiZen UG

(“EmotiZen”, “we”, “us”, or “our”) mental health app, website, and all associated services

(“Services”). By accessing or using the Services, you accept and agree to be legally bound

by these Terms. If you do not agree to any part of the Terms, you are prohibited from using

the Services. These Terms constitute the entire agreement between you and EmotiZen regarding the

Services, superseding any prior agreements or understandings, whether written or oral.

EmotiZen may modify these Terms at any time by posting the updated version on the Services. Your continued use after modifications constitutes acceptance.

2. Services Description

The Services provide various mental health resources, including informational Content, questionnaires, communication tools, individual recommendations, and other materials (“Content”) related to mental wellness, management , anxiety, depression, and other mental health topics. The Services are for informational, self-help and support purposes only and are not intended to provide medical advice or treatment of mental health conditions. The Services do not replace professional medical care, psychotherapy, counselling , or curative therapy. If you are experiencing a mental health emergency or crisis or have thoughts of harming yourself or others, you must immediately seek emergency professional help. EmotiZen does not permit the use of the Services by individuals under 18. Parental consent is required for minors to access the Services.

3. User Accounts

To access and utilize the Services, you must register for an account by providing complete and accurate personal information as prompted during the registration process. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. Sharing accounts, transferring access, creating multiple accounts, or providing false registration information is strictly prohibited. EmotiZen reserves the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activities.

4. User Conduct

When using the Services, you must abide by the following rules:

Failure to comply with these conduct rules may result in account suspension, termination or

other legal action by EmotiZen.

5. Content Ownership

EmotiZen and its licensors retain all intellectual property rights in the provided Services, Content and materials. You may view and use this Content only for your personal, non-commercial purposes by these Terms. Unauthorized use, reproduction, distribution, modification or exploitation of the Content is strictly prohibited. EmotiZen does not endorse or control any third-party content that may be accessible through the Services.

6. Service Availability

EmotiZen may modify, suspend or discontinue the Services, or any part thereof, at any time with or without notice. Services may periodically be unavailable due to maintenance, updates, system outages, force majeure events, or circumstances beyond EmotiZen’s reasonable control.

7. Privacy

EmotiZen’s collection, use, disclosure and protection of your data is comprehensively governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand EmotiZen’s data practices before using the Services.

8. Disclaimers and Limitations

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, availability, security, or non-infringement. EmotiZen disclaims all warranties to the maximum extent permitted by Law. EmotiZen’s liability arising from the Services is limited to the fullest extent allowable. You agree that EmotiZen shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from or relating to your use of the Services.

9. Indemnification

You agree to indemnify, defend and hold EmotiZen, its affiliates, officers, directors, employees, agents, and licensors harmless from any claims, losses, liabilities, damages, costs and expenses arising from your violation of these Terms or misuse of the Services.

10. Termination

EmotiZen reserves the right to immediately terminate or suspend your access to the Services if EmotiZen determines, in its sole discretion, that you have violated any provision of these Terms.

11. Third-Party Links

The Services may contain links or integrations with third-party websites, apps, Content, or resources not owned or controlled by EmotiZen. EmotiZen has no control over and assumes no responsibility for such external sites, resources or Content.

12. User Feedback

Any feedback, comments or suggestions you provide regarding the Services shall be considered non-confidential and non-proprietary. EmotiZen shall have full rights to use, reproduce, modify and exploit such feedback on an unrestricted basis without compensation.

13. Purchases

Certain premium services or features within the Services may be available for purchase. Additional terms and conditions may apply to such purchases as specified at the time of purchase, including:

14. Governing Law

These Terms shall be governed by and construed by the laws of Germany. Any disputes relating to these Terms or your use of the Services shall be resolved in the courts located in Germany.

15. App Store Compliance

When using the EmotiZen mobile app on an Apple device, you must also comply with the Apple Media Services Terms and Conditions incorporated into these Terms. When using the EmotiZen mobile app on Google Play devices, you must comply with the Google Play Terms of Service as applicable. EmotiZen’s app complies with all content policies, data collection practices, auto-renewing subscription rules and other requirements of the Apple App Store and Google Play Store. By using EmotiZen Services, you accept and agree to abide by these comprehensive Terms. If you disagree, you are prohibited from using the Services.

16. Info and Communication

If you have a question regarding the Services, you should email info@emotizen.ai