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Terms of Service

Effective date: April 3, 2025

Welcome to Aware. These Terms of Service govern your access to and use of the Aware mobile application and all related services operated by Aware. Please read these Terms carefully before using the Service. They contain important information about your rights and obligations, including limitations on our liability, a binding arbitration clause, and a class action waiver.

1. Acceptance of Terms

By downloading, installing, or using Aware, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the Service. Aware reserves the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms. We will provide reasonable notice of material changes via the app or email.

2. Eligibility

You must be at least 13 years of age (or 16 in the European Economic Area) to use Aware. By using the Service, you represent and warrant that you meet these age requirements and that you have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration

To access certain features of Aware, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at love2beaware@gmail.com if you suspect unauthorized access. Aware is not liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscriptions and Payments

4.1 Subscription Access

Aware is offered as a paid subscription. The features available under your subscription are subject to change at our discretion with reasonable notice.

4.2 Billing

Premium subscriptions are billed on a monthly or annual basis, as selected at purchase. All fees are quoted in US dollars and are non-refundable except as required by applicable law or as expressly stated in these Terms. Subscription fees are charged through your Apple App Store account and are subject to the App Store payment terms.

4.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date. You may cancel at any time through your App Store account settings. Cancellation takes effect at the end of the current billing period — you retain access to Premium features until then.

4.4 Price Changes

We reserve the right to change subscription pricing with at least 30 days' advance notice. Price changes will apply to the next billing cycle following the notice period. If you do not wish to accept a price change, you may cancel your subscription before the change takes effect.

5. Intellectual Property

5.1 Our Property

Aware and all content, features, technology, design elements, trademarks, service marks, logos, and other intellectual property associated with the Service are owned by or licensed to Aware and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, license, reverse engineer, or create derivative works from any part of the Service without our express written consent.

5.2 AI-Generated Content

Manifestation blueprints, journal prompts, guided practices, and other content generated by Aware's AI systems are the intellectual property of Aware. You are granted a limited, personal, non-transferable license to use this content solely for your own personal, non-commercial purposes within the Service.

5.3 Your Content

You retain ownership of content you create within the app (such as journal entries). By submitting content to Aware, you grant Aware a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, and process your content solely for the purpose of providing and improving the Service. This license does not allow us to sell your content or use it for third-party advertising.

6. Acceptable Use

You agree not to: use the Service for any unlawful purpose or in violation of any applicable regulations; attempt to gain unauthorized access to any part of the Service or its related systems; interfere with or disrupt the integrity or performance of the Service; scrape, crawl, or extract data from the Service using automated means; impersonate any person or entity or falsely represent your affiliation; use the Service to transmit harmful, defamatory, obscene, or otherwise objectionable content; circumvent any technical measures designed to protect the Service or its users; or resell, sublicense, or commercialize any portion of the Service without written permission.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AWARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AWARE IS A WELLNESS AND PERSONAL DEVELOPMENT TOOL AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT. RESULTS VARY BY INDIVIDUAL AND ARE NOT GUARANTEED.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AWARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF AWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless Aware and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any content you submit to the Service.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal dispute, you agree to contact us at love2beaware@gmail.com and attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days of receiving notice.

10.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Delaware, unless both parties agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND AWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

10.4 Exceptions

Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration clause above, you consent to the exclusive jurisdiction of courts located in Delaware for any disputes not subject to arbitration.

12. Termination

Aware reserves the right, in its sole discretion, to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms. Upon termination, your right to use the Service ceases immediately. You may also terminate your account at any time by deleting your account within the app settings. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 7, 8, 9, 10, and 11.

13. Changes to the Service

Aware reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, including features available under your subscription, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service. We will endeavor to provide reasonable advance notice of significant changes where possible.

14. Third-Party Services

Aware integrates with third-party services including the Apple App Store, RevenueCat, and Anthropic's AI API. Your use of these third-party services is subject to their respective terms of service and privacy policies. Aware is not responsible for the practices of these third parties.

15. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Aware with respect to the Service and supersede all prior agreements, understandings, and negotiations, whether written or oral. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16. Contact

For questions about these Terms, please contact us at love2beaware@gmail.com. We are committed to resolving concerns fairly and promptly.

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