TERMS OF USE

📍 IMPORTANT NOTICE REGARDING AUTOMATIC RENEWALS

This Service includes subscriptions that automatically renew. Please read these terms of use (the "Terms") carefully before starting a trial or completing a purchase for our auto-renewing subscription service.

To avoid being charged, you must cancel your subscription at least 24 hours before the end of your trial or current billing cycle. By purchasing an automatically renewing subscription, you acknowledge and agree to its recurring nature, as explained near the point of purchase. If you do not cancel in time, your subscription will automatically renew, and the applicable charges will be applied.

  • If you subscribed or started a trial via the App Store, refund requests are handled directly by Apple. You can submit a request following the instructions on the Apple Support page.
  • If you subscribed or started a trial through the Google Play Store or directly via our website, please contact our support team at [email protected] for assistance.

Deleting the app or your account does not cancel your subscription or trial. If you intend to cancel, ensure you follow the appropriate cancellation process for your platform. More details can be found in our Subscription Terms.

Our privacy practices are described in detail in our Privacy Policy. Please review it to understand how we collect, use, and share your personal information.

📍 BINDING ARBITRATION & DISPUTE RESOLUTION

Section 11 of these Terms governs how disputes between you and AskInward are resolved. In particular, it includes a binding arbitration agreement, which means:

  • You agree to resolve disputes with us through final and binding arbitration, rather than in court, except for certain limited exceptions.
  • You waive your right to file a lawsuit or participate in a class action lawsuit against us.
  • You may opt out of the arbitration agreement by following the process outlined in Section 12.

Please read this section carefully, as it significantly affects your legal rights.

1. ACCEPTANCE OF TERMS

The provisions of these "Terms" govern the relationship between you and AITEST SRL, a Romanian limited-liability company (societate cu răspundere limitată) incorporated under the laws of Romania, having its registered office at Str. Constanței nr. 15, Bl. E1, Sc. D, Et. 3, Ap. 59, Năvodari 905700, Constanța County, Romania ("we", "us", "our", or the "Company") regarding your use of the Company's website, mobile applications, and other services (the "Service"), including all textual, graphic, video, audio, software and other content available through the Service (the "Content").

By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, forming a legally binding agreement between you and the Company. If you do not agree to these Terms, you must immediately stop using the Service, delete your account, and cancel any active subscriptions.

These Terms were originally drafted in English. If there is any conflict between the English language version of these Terms and a version translated into another language, the English-language version will prevail.

Additional Terms and Policies

Our Privacy Policy forms an integral part of these Terms and describes how we collect, use, and protect your personal data. We may also post additional policies, supplemental terms, or notices on the Service from time to time. Such terms are hereby incorporated by reference and will apply to your use of the Service.

Changes to these Terms

We may update, modify, or remove portions of these Terms at our sole discretion, to the extent permitted by applicable law. This may occur when we introduce or discontinue features, technologies, or services, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances. Where required by law, we will notify you of such changes.

Unless stated otherwise, we will indicate updates by revising the "Last Updated" date of these Terms. You acknowledge and agree that it is your responsibility to review the Terms regularly for any updates. Unless specified otherwise, the updated Terms take effect once posted on the Service. By continuing to use the Service after the updates become effective, you agree to the revised Terms. If you do not agree, you must stop using the Service immediately, delete your account, and cancel your subscription.

Changes to the Service

We may update, change, suspend or discontinue the Service (or any part, content or feature) at any time, without notice and without liability to you or anyone else (for example, to offer or test new or different features, technologies, or services, to repair, improve or further develop the Service, to comply with legal, regulatory or contractual requirements, or in response to exceptional or unforeseen circumstances). Some services and features may not be available in all countries, in all languages, or in all operating systems.

Multiple Brands

We may operate several brand names for the same underlying products and services (collectively, our "Brands"). You may be redirected between these Brands' websites or digital properties for order fulfillment, customer service, product information, or other purposes related to your purchase. All Brands are operated and managed by the Company.

While branding, pricing, and promotional materials may vary, the quality, origin, and provider of the products and services remain the same. All customer service and support are handled by the Company under consistent policies.

As all Brands are operated by the Company, your personal information is processed across these Brands in accordance with our Privacy Policy.

2. ACCOUNT REGISTRATION

Creating an Account

To access certain features of the Service, including subscription-based features, you may be required to register an account ("Account") and provide accurate and complete information during the registration process.

Your Responsibilities

By creating an Account, you represent and warrant that: (1) the information you provide is truthful, accurate, and up to date; (2) you will update your Account information as needed to keep it accurate; (3) your use of the Service complies with all applicable laws, regulations, and these Terms.

Failure to provide or maintain accurate information may impact the functionality of the Service, and we may be unable to notify you of important updates.

Age Restriction

The Service is intended for users aged 18 and older. By creating an Account, you confirm that you are at least 18 years old and have the legal authority to enter into and comply with these Terms. If you are under 18, you are prohibited from using the Service.

Account Suspension or Termination

We reserve the right to suspend or terminate your Account and restrict your access to the Service at our discretion, with or without prior notice, if we determine that you have violated these Terms or any applicable laws. This includes cases where you have provided false, misleading, or incomplete information during registration or engaged in fraudulent, abusive, or unauthorized activity on the Service. Termination may result in the loss of access to your data, content, or any benefits associated with the Service, and we are not responsible for any consequences resulting from such actions.

Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including login details and passwords, and for all activity conducted under your Account. You should not share your login information with anyone, as you assume full responsibility for any actions taken through your Account. If you suspect unauthorized access or a security breach, you must notify us immediately at [email protected].

We are not liable for any loss, unauthorized transactions, or damage resulting from access to your Account due to your failure to protect your credentials. It is your responsibility to use secure passwords and take necessary precautions to prevent unauthorized access.

3. USE OF THE SERVICE

Nature of the Service

The Service provides personal coaching and self-awareness tools, including reflective check-ins authored by AskInward, written commentary on patterns the user notices in themselves, and educational content (the "lesson library") related to behavioral patterns, focus, habits, and personal wellbeing. The Service is intended for personal, non-commercial informational use. The Service is not a medical, mental health, psychological, diagnostic, or therapeutic product, and no clinical screening instruments are deployed as the user-facing question set.

Ownership and Intellectual Property

The Service, including its software, content, logos, trademarks, and any associated materials, remains the exclusive property of the Company or its licensors. Accessing or using the Service does not grant you ownership of any intellectual property rights beyond what is explicitly stated in these Terms. You may not copy, modify, distribute, sell, or reverse-engineer any portion of the Service unless expressly permitted.

The check-in reflection prompts used within the Service are original works authored by the Company and reviewed by the Company's coaching experts. The Company's specific implementation, scoring interpretation, and written commentary remain the Company's intellectual property.

License to Use the Service

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. This license allows you to install and use the App on your personal mobile device but does not permit sublicensing, resale, modification, or unauthorized use. Any breach of these Terms may result in the immediate suspension or termination of your access to the Service.

User-Generated Content

The Service may allow you to submit, upload, or share text, messages, feedback, and other materials ("User Content"). By submitting User Content, you grant the Company, its sublicensees, successors, and assigns a royalty-free, perpetual, irrevocable, sublicensable, assignable, worldwide license to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, and create derivative works from your content in any form, media, or technology, whether now known or later developed. This license includes the right to incorporate User Content into other works and services, including marketing, analytics, and operational improvements. However, this license explicitly excludes any personal data as defined under applicable privacy laws, which will be handled in accordance with the Company's Privacy Policy.

User Reviews and Testimonials

By submitting, posting, or otherwise providing any review, rating, comment, testimonial, or other feedback ("Review") about the Service on any platform, including but not limited to the Apple App Store, Google Play Store, and other mobile application marketplaces, websites, social media platforms, or directly to the Company, you grant the Company and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and create derivative works from such Reviews for any lawful purpose, including but not limited to marketing, advertising, promotional activities, product development, and customer engagement, in any media now known or later developed, without further notice, attribution, or compensation to you.

You acknowledge and agree that:

  1. The Company is not obligated to use, display, or maintain any Review and may remove or edit Reviews at its discretion.
  2. The Company may use Reviews in conjunction with your publicly displayed username, profile picture, or other identifying information (if available), unless you request anonymity in writing.
  3. The Company is not responsible for the content of Reviews posted by users and does not endorse any opinions expressed therein.

If you wish to request the removal of a Review that you have submitted, you may contact the Company at [email protected].

Content Moderation and Restrictions

The Company does not actively monitor User Content but reserves the right to review, edit, remove, or restrict content at its discretion. This applies particularly to content that contains offensive, illegal, defamatory, or misleading material, violates third-party intellectual property, privacy, or contractual rights, promotes harm, violence, harassment, or illegal activity, or disrupts the functionality, security, or reputation of the Service. The Company assumes no liability for the accuracy or legality of User Content submitted by others.

Service Availability and Modifications

The Company reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without liability. Certain features may not be available in all regions or on all devices. If a modification impacts your use of the Service, you may cancel your subscription or delete your account.

In order to use the Service, you need to have a smartphone with an operating system of the following or later:

🍏 iOS: 16.1 🤖 Android: 9.0

Also please make sure you are using the latest version of your web browser when accessing the website, as that will help prevent security problems and ensure all features work for you.

Risks and Disclaimer of Liability

Your use of the Service is at your own risk. The Company does not guarantee the accuracy, reliability, or fitness of any content provided. We are not responsible for loss of data, device malfunctions, or technical failures, any reliance on recommendations within the Service, or personal injury, financial loss, or any legal claims arising from your use of the Service.

Customer Support

Customer support services are provided at the Company's discretion. While we may assist users, there is no obligation to provide support or respond to inquiries. If you require assistance, contact [email protected], and we will respond as reasonably as possible.

4. THIRD-PARTY SERVICES, MATERIALS, AND ADVERTISING

The Service may integrate, provide access to, or display content from third-party services, websites, software, and other materials ("Third-Party Services" and "Third-Party Materials"). While these features may be accessible through the Service, the Company does not control or assume responsibility for the content, functionality, or policies of any Third-Party Services.

No Endorsement or Responsibility

By using the Service, you acknowledge that the Company does not endorse, verify, or assume responsibility for the accuracy, legality, quality, or reliability of any Third-Party Services or Third-Party Materials. Any interactions, transactions, or agreements you engage in with third parties through the Service are solely between you and the respective third party. The Company bears no responsibility for any disputes, losses, or issues that may arise from these interactions.

No Liability for Third-Party Content

The Company does not monitor, evaluate, or guarantee the accuracy, completeness, or legality of Third-Party Materials. To the fullest extent permitted by law, the Company makes no express or implied warranties regarding third-party content and disclaims all liability for any loss, damage, or harm resulting from your reliance on or use of such content.

Use of Third-Party Services at Your Own Risk

Accessing Third-Party Services through the Service is entirely voluntary. You assume all risks associated with interacting with third-party content, including potential malware, phishing scams, or deceptive practices. The Company is not responsible for any technical issues, disputes, or damages arising from your engagement with Third-Party Services.

5. SUBSCRIPTION FEES AND PAYMENT

Subscription Options and Purchases

The Service offers subscription-based access to its features and content, which may be purchased either directly from the Company through the website ("Web Purchase") or via an App Store ("In-App Purchase"). All applicable subscription fees, billing terms, and durations (e.g., monthly, quarterly, semi-annually) will be displayed on the payment screen or at checkout before payment authorization. Our pricing may vary based on a number of factors including, but not limited to, region, bundle, and duration of subscription. Some limited features of the Service may be available free of charge, but full access to personalized content requires a paid subscription.

Purchases and Payment Processing

Upon completing the onboarding process on the website or in the App, you will be presented with available subscription options, their pricing, durations, and accepted payment methods (e.g., Mastercard, Visa, American Express, Discover, Apple Pay, Google Pay, Link by Stripe). By selecting a subscription and authorizing the payment, you instruct the applicable payment processor or App Store to charge your selected payment method. Once the payment is validated, you will receive access to the Service.

For Web Purchases, AITEST SRL is the merchant of record. Payment processing is handled by Stripe, Inc., a PCI-DSS-compliant payment processor, which you authorize to charge your selected payment method on our behalf. For In-App Purchases, payments are processed by the App Store, and the respective App Store's terms and policies govern the transaction.

Auto-Renewal and Subscription Continuity

All subscriptions automatically renew unless cancelled. The renewal price will be the same as your initial subscription price unless we notify you of a rate change prior to your auto-renewal. To avoid renewal, you must cancel your subscription at least 24 hours before the renewal date.

By proceeding with a subscription, you acknowledge that charges will be applied periodically based on the selected billing cycle.

For Web Purchases, cancellation must be completed through the website's account settings or by following the cancellation instructions provided. For In-App Purchases, cancellation must be done through the respective App Store's account settings. Deleting the App does not cancel your subscription.

You consent to a payment retry mechanism for subscription renewals. If a subscription renewal charge is declined, we may make several attempts to process the renewal. Should all payment attempts fail, your subscription will be automatically cancelled.

Refunds

If you subscribed via the App Store, refund requests are handled directly by Apple. You can submit a request following the instructions on the Apple Support page.

If you subscribed through the Google Play Store or directly via our website, please contact our support team at [email protected] for assistance.

30-Day Refund Policy. Notwithstanding the above, the Company offers a 30-day no-questions-asked refund for first-time Web Purchases. If you are not satisfied with the Service within 30 days of your initial purchase, you may request a full refund by contacting [email protected]. We do not require explanations or proof of usage. Refunds will be processed within 5 business days using the original payment method.

The 30-day refund policy applies only to your initial subscription purchase, not to subsequent auto-renewals. Refunds for auto-renewal charges are subject to applicable law and our discretion.

App Store refunds are subject to their policies.

Right of Withdrawal for the EU and UK Residents

If you are a resident of the European Union or United Kingdom, you have the legal right to withdraw from a contract for the purchase of digital services within 14 days of your purchase, without providing any reason and without incurring any additional costs.

To exercise your right of withdrawal, you must notify us by email at [email protected] stating your decision to withdraw from the contract. Your withdrawal request will be considered valid if sent before the 14-day withdrawal period expires.

If you exercise your right of withdrawal, we will refund all payments received from you without undue delay, and in any event no later than 14 days from the date we receive your withdrawal notice. Refunds will be processed using the same payment method used for the original transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

If you have expressly consented to the immediate supply of the Service before the expiration of the withdrawal period and acknowledged that you will lose your right to withdraw, you will not be eligible for a refund for any digital content that has already been delivered. In the case of digital services, you may be eligible for a proportional refund, based on the portion of the Service provided before your withdrawal request.

Chargebacks and Payment Disputes

If you wish to request a refund for a payment, we strongly encourage you to contact us first at [email protected] before initiating a chargeback with your payment provider. This allows us the opportunity to review your request and attempt to resolve the issue directly.

Refunds, when applicable, are not processed in real-time. If we confirm that a refund has been issued, please allow at least 5 business days for the refund to reflect in your account. You acknowledge that you are not entitled to receive multiple refunds for the same transaction and agree that if you request a refund directly from us, you will not initiate a separate refund request or chargeback through your payment provider unless your request has been denied by us.

Initiating a chargeback or reversing a payment through your bank or payment provider may result in the immediate termination of your account at our sole discretion. If a chargeback is overturned in our favor, you may contact [email protected] to discuss reinstating your account.

If you initiate a chargeback or payment dispute, we may suspend or terminate your access to the Service. Fraudulent or improper chargebacks may result in a permanent ban from using the Service and potential legal action.

Renewal Reminders

We will send you a renewal reminder email 3 days before each renewal date. This is provided as a courtesy and does not affect your obligation to cancel within the cancellation window if you do not wish to continue your subscription.

Trials and Promotional Offers

We may offer trials providing temporary access to the Service. The trial duration and terms will be displayed at sign-up. If you do not cancel before the trial ends, your subscription will automatically convert into a paid subscription, and the applicable fee will be charged.

Promotional Codes

We may provide you with promotional codes that can be redeemed for additional features, content, or services within the Service for a limited period of time, subject to eligibility requirements (the "Promotional Codes"). Promotional Codes have no cash value, are personal, non-transferable, non-sublicensable, and we are under no obligation to provide any compensation in connection with a Promotional Code.

Changes to Subscription Fees

To the maximum extent permitted by applicable law, we may modify subscription fees at any time. If notification is required under applicable law, we will inform you of pricing changes in the manner and timeframe mandated by regulations. Where no specific timeframe is prescribed, we will provide notice by posting the updated prices in the App, sending an email notification, or using other prominent communication methods. The revised pricing will take effect as specified in the notice.

If you do not agree to the updated fees, you may cancel your subscription before the new pricing takes effect.

Failure to Pay and Service Termination

If a payment is declined or not received when due, we may notify you to update your payment method. However, if the issue is not resolved, we reserve the right to suspend or terminate your access to the Service without further notice. Any content, data, or personalized settings associated with your account may be lost, and we are not responsible for restoring them.

6. USER REPRESENTATION AND RESTRICTIONS

By accessing or using the Service, you confirm that:

  • You have the legal capacity to enter into and comply with these Terms.
  • You are at least 18 years old and legally permitted to use the Service.
  • You will not access the Service through automated or non-human means, including bots, scripts, or similar methods.
  • You will not use the Service for any unlawful, fraudulent, or unauthorized purpose.
  • You are not located in a country subject to U.S. government embargo restrictions or designated as a terrorist-supporting nation.
  • You are not listed on any U.S. government list of prohibited or restricted persons.
  • Your use of the Service complies with all applicable laws and regulations.

If any information you provide is false, misleading, outdated, or incomplete, we reserve the right to deny or terminate your current or future access to the Service.

Permitted Use of the Service

The Service is made available for its intended purposes only. You may not use the Service for any unauthorized, commercial, or competitive activities unless expressly approved by us.

Prohibited Conduct

You agree not to engage in the following activities when using the Service:

  • Collecting, scraping, or systematically retrieving data or other content from the Service to create a database, compilation, or directory without our express permission.
  • Using the Service for any unauthorized purposes, including modifying, adapting, improving, or creating derivative works from the Service.
  • Using the Service for commercial or revenue-generating endeavors, unless explicitly approved by us.
  • Developing, launching, or using the Service to create a competing product, service, or software.
  • Circumventing, disabling, or interfering with security features of the Service.
  • Framing, embedding, or linking to the Service without authorization.
  • Interfering with or disrupting the Service, networks, or servers connected to the Service.
  • Decompiling, disassembling, reverse-engineering, or otherwise attempting to access the source code of any part of the Service.
  • Bypassing or attempting to bypass access restrictions or security measures implemented in the Service.
  • Uploading, transmitting, or distributing malware, viruses, worms, trojans, or other harmful software.
  • Using, launching, or distributing any automated system to access or interact with the Service.
  • Sending unsolicited commercial emails or engaging in spam-related activities.
  • Engaging in any activity that may harm, tarnish, or damage the reputation of the Company or the Service.
  • Using the Service in violation of any applicable laws or regulations.

Respectful Conduct Towards Customer Support

We expect all users to interact with our customer support team in a respectful and professional manner. If at any time your communication or behaviour is deemed harassing, abusive, threatening, or offensive, we reserve the right to terminate your account immediately.

7. DISCLAIMER OF WARRANTIES

General Disclaimers

EXCEPT TO THE EXTENT PROHIBITED BY LAW OR OTHERWISE INAPPLICABLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ANY PRODUCTS OR CONTENT PROVIDED THROUGH IT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED.

No Medical Advice or Healthcare Services

THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, MENTAL HEALTH ADVICE, PSYCHOLOGICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELLING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, "HEALTHCARE SERVICES").

THE SERVICE IS A SELF-KNOWLEDGE AND SELF-DEVELOPMENT TOOL THAT MAY USE VALIDATED PUBLIC-DOMAIN SCREENING INSTRUMENTS FOR INFORMATIONAL PURPOSES ONLY. THE OUTCOMES, SCORES, OR INTERPRETATIONS PROVIDED BY THE SERVICE DO NOT CONSTITUTE A DIAGNOSIS OR PROFESSIONAL ASSESSMENT.

THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL WELLBEING GOALS. BEFORE ACCESSING OR USING THE SERVICE, YOU AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.

YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND APPROPRIATE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AND ALL DECISIONS NOW OR IN THE FUTURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL OR MENTAL HEALTH ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN, THERAPIST, OR OTHER PROFESSIONALS, (II) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.

WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY OR ARE IN CRISIS, CALL 988 (US), TEXT HOME TO 741741, OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

No Guarantees of Results

WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON, AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS.

EACH INDIVIDUAL'S WELLBEING DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY WELLBEING-RELATED SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES.

General Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY OF CONTENT OR DATA.

IN PARTICULAR, WE DO NOT WARRANT THAT:

  • The Service will meet your expectations or requirements;
  • The Service will be uninterrupted, secure, error-free, or free from technical issues;
  • The results obtained from using the Service will be accurate, reliable, or error-free;
  • The quality of any content, features, or services will meet your expectations;
  • Any defects or errors will be corrected promptly or at all.

No Other Professional Advice

ANY INFORMATION OR STATEMENTS AVAILABLE THROUGH THE SERVICE ARE FOR INFORMATIONAL AND GENERAL PURPOSES ONLY. THEY ARE NOT INTENDED TO REPLACE OR SUBSTITUTE FOR PROFESSIONAL MEDICAL, MENTAL HEALTH, PSYCHOLOGICAL, FINANCIAL, LEGAL, OR OTHER SPECIALIZED ADVICE.

Consumer Protection and Non-Waivable Rights

Nothing in these Terms shall exclude or limit any consumer rights that cannot be waived under applicable law. If you are entitled to statutory rights under the laws of your country of residence, those rights remain unaffected by these disclaimers.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (INCLUDING OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, PRODUCTS, OR ANY THIRD-PARTY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING THE APP, CONTENT, AND USER CONTENT) AND THIRD-PARTY CONTENT ARE AT YOUR OWN RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICE.

Limitation of Aggregate Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, PRODUCTS, OR CONTENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO US FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR IF GREATER, ONE HUNDRED US DOLLARS ($100).

THESE LIMITATIONS OF LIABILITY FORM A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY. WITHOUT THESE LIMITATIONS, WE WOULD NOT BE ABLE TO OFFER THE SERVICE UNDER THE SAME TERMS.

Waiver of Unknown Claims (California Residents)

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

BY ACCEPTING THESE TERMS, YOU RECOGNIZE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED.

Jurisdiction-Specific Exceptions

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT ANY PART OF THESE LIMITATIONS IS FOUND TO BE UNENFORCEABLE UNDER APPLICABLE LAW, THE REMAINING LIMITATIONS SHALL STILL APPLY TO THE MAXIMUM EXTENT PERMITTED.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, along with its affiliates, parent companies, officers, employees, agents, partners, licensors, contractors, successors, and assigns (each, an "Indemnitee"), from and against any losses, damages, liabilities, claims, demands, judgments, settlements, penalties, fines, costs, and expenses of any kind—including, but not limited to, reasonable attorneys' fees and professional fees—arising directly or indirectly from:

  • User Content, including any claims that such content infringes upon third-party rights or violates applicable laws.
  • Your breach of these Terms, whether by you or anyone using your account or device.
  • Your access to or use of the Service, including any actions taken on the platform.
  • Your violation of any applicable law, regulation, or third-party rights, including intellectual property, privacy, or proprietary rights.
  • Any claims related to property damage, personal injury, bodily harm, or death resulting from your use of the Service in violation of these Terms.

The Company reserves the right to assume full control of the defense, negotiation, and settlement of any claim for which you are required to indemnify us. You agree to fully cooperate with our defense efforts.

10. INTERNATIONAL USE

The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.

11. INFORMAL DISPUTE RESOLUTION PROCEDURES

PLEASE READ THIS PROVISION CAREFULLY TO ENSURE THAT YOU UNDERSTAND—THIS SECTION CONTROLS HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE ADDRESSED.

BY AGREEING TO THIS PROVISION, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.

YOU ARE ALSO AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND THE COMPANY THROUGH BINDING ARBITRATION UNLESS YOU EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS PROVIDED BELOW.

You and AITEST SRL ("we" or the "Company") agree to resolve all Disputes (including any related disputes involving the Company, its subsidiaries, or its affiliates) through binding arbitration, as described below, except for: (i) claims that fall within the jurisdiction of a small claims court, provided such claims are not class action disputes and also meet the court's jurisdictional and monetary limits; and (ii) disputes related to intellectual property rights. A "Dispute" means any claim, controversy, or legal action—whether arising from past, present, or future events, and based on contract, tort, statute, or common law—between you and the Company regarding the website, Services, or this agreement (the "Arbitration Agreement").

Mandatory Pre-Filing Notice Procedure

You and we agree that good faith, informal efforts to resolve disputes often result in a faster, inexpensive outcome. Therefore, if you intend to assert a claim for any Dispute against the Company, you must first send the Company a written notice of the Dispute ("Notice") that gives the Company some basic information about you and the Dispute. Any Notice must include (i) your name, address, and email address, (ii) a detailed description of your Dispute; (iii) any relevant facts regarding your use of the website and Service (including your account ID, profile screenshots, and anything else that will help us identify your account); (iv) a detailed description of the relief you are seeking, including a calculation of any money damages you are seeking; and (v) a personally signed statement from you (and not your attorney) verifying the accuracy of the information in the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute.

You must send the Notice to the Company at the following address:

AITEST SRL Str. Constanței nr. 15, Bl. E1, Sc. D, Et. 3, Ap. 59, Năvodari 905700, Constanța County, Romania Attention: Legal Department

If we need to send you a Notice, we will send the Notice to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your account.

After we receive a Notice, you and we agree to engage in good faith efforts to resolve the Dispute between us for a period of 60 days through informal negotiation. The 60-day period can be extended if you and we agree that such an extension is likely to lead to resolution. As part of the informal negotiation process, you and we agree that we will both attend at least one individualized video conference ("Video Conference"). The Video Conference can be via Zoom, Microsoft Teams, WhatsApp, or any other similar platform that you and we agree on. The Video Conference can be held after the 60-day period, if necessary.

Compliance with these Informal Dispute Resolution Procedures is mandatory and a condition precedent to initiating any arbitration or small claims court action. Failure to follow the procedures is a breach of this Arbitration Agreement.

Small Claims Court

Subject to applicable jurisdictional requirements and Mandatory Pre-Filing Notice requirements explained above, you or the Company may elect to pursue a Dispute in a local small claims court rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis.

What is Arbitration?

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award some of the same individualized damages and relief that a court can award.

You and we agree that the only courts where we will seek equitable relief are the state and federal courts in Delaware. This exception for equitable relief does not waive this Arbitration Agreement. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. A court of competent jurisdiction has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these terms and the termination of your account.

CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT DESCRIBED ABOVE). YOU AND THE COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST THE OTHER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS.

EXCEPT FOR THE MASS FILING PROCEDURES DESCRIBED BELOW, YOU AND WE AGREE THAT:

  • THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM.
  • THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

Arbitration Procedure

The arbitration will be governed by the applicable rules of National Arbitration & Mediation ("NAM") (including the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by this Arbitration Agreement, and will be administered by NAM. The NAM Rules are available online at www.namadr.com.

If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties, or by the court pursuant to 9 U.S.C. §5.

The arbitration will be in English. A single independent and impartial arbitrator will be appointed remotely pursuant to the NAM Rules. The arbitration will be conducted online or solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration.

If an in-person hearing is required and you reside in the United States, the hearing will take place in Delaware, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant's state and county of residence.

The arbitrator will apply the laws of the State of Delaware in conducting the arbitration.

Decision of the Arbitrator

Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice.

Fees

The payment of arbitration fees will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

Additional Procedures for Mass Arbitration Filings

If ten (10) or more similar claims are asserted against the Company by the same or coordinated attorneys or are otherwise coordinated, consistent with the definition and criteria of "Mass Filings" set forth in the NAM Rules, you and we understand and agree that additional procedures shall apply and the resolution of your dispute might be delayed.

Bellwether Arbitrations for Mass Filings. The parties shall select ten individual arbitration claims (five per side), designated as the "Initial Test Cases," to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance.

Global Mediation in Mass Filings. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing.

12. OPTING OUT OF THIS ARBITRATION AGREEMENT

New Users. Users who create an account with the Company for the first time on or after the effective date of these Terms may opt out of this Arbitration Agreement.

Method and Impact of Opting Out. You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: [email protected], (1) within 31 days after the Arbitration Agreement became effective, as indicated in the "Last Updated" date of the terms, or (2) within 31 days of your first use of the Services. Your notice must include:

  • Your name
  • Your username (if any)
  • The email address you used to set up your account
  • An unequivocal statement that you want to opt out of this Arbitration Agreement

If you opt out of this Arbitration Agreement, all other parts of the Terms and any other agreements between you and the Company will continue to apply to you.

13. GOVERNING LAW AND JURISDICTION

The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder shall be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

14. EEA OR UK RESIDENTS

Nothing in these Terms shall deprive you of the consumer protection rights granted by the mandatory laws of your country of residence.

If a dispute arises under these Terms, you may bring legal proceedings before the competent courts of your habitual residence in the EEA or UK, and these courts shall have exclusive jurisdiction over the dispute. The Company shall also submit any disputes to the courts in your country of habitual residence.

15. CALIFORNIA RESIDENTS

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. LIMITATION ON CLAIMS PERIOD

You agree that, regardless of any statute or law to the contrary or any applicable dispute resolution process, any claim or cause of action arising from or related to the use of the Service or these Terms must be filed within one (1) year from the date the claim or cause of action first arose. Failure to do so will result in your claim being permanently barred.

The provisions of this section, titled "Limitation on Claims Period", constitute a separate legally binding agreement between you and the Company.

17. MISCELLANEOUS PROVISIONS

No failure or delay by the Company in exercising any of its rights under these Terms shall be deemed a waiver of such rights, nor shall any partial exercise of rights prevent the further enforcement of those or any other rights under these Terms.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remainder of these Terms shall remain in full force and effect. The invalid or unenforceable provision shall be modified or replaced to the extent necessary to make it valid and enforceable while maintaining the intent of the parties to the fullest extent permitted by law.

These Terms constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior agreements, understandings, and representations, whether written or oral.

The Company may assign or transfer its rights and obligations under these Terms to any other entity, including through merger, acquisition, corporate restructuring, or novation.

All communications between you and the Company, including notices, disclosures, and agreements, shall be conducted electronically. You acknowledge that electronic communications, including emails, platform notifications, and digital agreements, hold the same legal weight as written documents and constitute a legally binding contract.

The Company utilizes third-party providers to facilitate various operational and technical functions, including but not limited to payment processing (Stripe), customer support, security enhancements, and data management.

The Company shall not be liable for any failure or delay in complying with these Terms where such failure arises from circumstances beyond its reasonable control, including but not limited to force majeure events, legal or regulatory changes, cyberattacks, or unforeseen operational disruptions.

18. NOTICE REGARDING APPLE

If you access the Service through Apple Inc. ("Apple") App Store or use the Service on an iOS device, you acknowledge that you have read, understood, and agree to the following:

Acknowledgment. These Terms are between you and the Company only, not with Apple. Apple is not responsible for the Service or its content.

Scope of License. The license granted to you is personal, limited, non-exclusive, and non-transferable, permitting you to install and use the Service only on iOS devices you own or control, strictly for personal, non-commercial purposes and subject to Apple's App Store Terms of Service.

Maintenance and Support. The Company is solely responsible for providing any maintenance or support services related to the Service. Apple has no obligation to provide maintenance or support for the Service.

Warranty Disclaimer. The Company is solely responsible for any warranties. If the Service fails to conform to an applicable warranty, you may notify Apple, and Apple will refund your purchase price.

Claims and Liability. The Company, not Apple, is solely responsible for addressing any claims related to product liability, failure to conform to legal or regulatory requirements, or consumer protection.

Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms. By accepting these Terms, you acknowledge that Apple has the right to enforce them against you.

19. NOTICE REGARDING GOOGLE PLAY

If you access the Service via Google Play, operated by Google Inc. ("Google"), you acknowledge that you have read, understood, and agree to the following:

If there is any conflict between (a) the Google Play Terms of Service and Google Play Business and Program Policies, or other terms Google designates ("Google Play Terms"); and (b) these Terms, then the Google Play Terms shall govern with respect to your use of the Service downloaded from Google Play.

You acknowledge that Google is not responsible or liable for compliance or non-compliance with these Terms or Google Play Terms.

20. CONTACT INFORMATION

For any inquiries or support, you may contact us at:

📧 [email protected]

For legal notices and arbitration notices, see Section 11 for the formal Notice address.

Effective as of: June 30, 2026

Last Updated: June 30, 2026

AITEST SRL Str. Constanței nr. 15, Bl. E1, Sc. D, Et. 3, Ap. 59, Năvodari 905700, Constanța County, Romania

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