Terms of Use

Acceptance of Terms

By downloading, installing, or using the Unheavy mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

Minimum Age

You must be at least 16 years old to use Unheavy, or the minimum digital-services age in your country of residence (13 in the United States with verifiable parental consent, 16 in the European Economic Area). If you are under the minimum age, a parent or legal guardian must agree to these Terms on your behalf and supervise your use of the App.

Description of Service

Unheavy is a digital wellness application that allows users to write down thoughts and symbolically "destroy" them through various visual effects. The App is designed for emotional release and is intended to be a creative outlet, not a replacement for professional mental health treatment.

Not Medical Advice

IMPORTANT: Unheavy is not a medical device and does not provide medical advice, diagnosis, or treatment.

The App is intended for general wellness purposes only. If you are experiencing mental health issues, suicidal thoughts, or emotional distress, please seek help from a qualified mental health professional or contact a crisis helpline in your area.

• USA: National Suicide Prevention Lifeline: 988
• UK: Samaritans: 116 123
• International: findahelpline.com

User Conduct

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates applicable laws or regulations.
• Attempt to reverse engineer, decompile, or disassemble the App.
• Remove, alter, or obscure any proprietary notices in the App.
• Use the App to harm yourself or others.

In-App Purchases

Unheavy offers optional premium features through in-app purchases. By making a purchase:

• You agree to pay all applicable fees.
• All purchases are processed by Apple through the App Store.
• Purchases are non-refundable except as required by applicable law or Apple's refund policies.
• Premium features are unlocked permanently with a one-time purchase.

You may restore purchases on other devices using the "Restore Purchases" feature in the App's settings.

EU Consumers — Right of Withdrawal

If you are a consumer residing in the European Economic Area, you ordinarily have the right to withdraw from a purchase of digital content within 14 days without giving reasons. By tapping "Feel Lighter" (or any equivalent purchase confirmation) on the in-app purchase screen and using any premium feature, you expressly request immediate performance of the contract and acknowledge that your right of withdrawal is lost once the premium feature has been used, in accordance with Art. 16(m) Directive 2011/83/EU as implemented in § 356 Abs. 5 BGB.

Apple App Store

The App is licensed, not sold, to you for use only under the terms of this license. Apple is not a party to these Terms. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you. Refunds, billing disputes, and subscription management are handled by Apple through the App Store.

Intellectual Property

The App and its original content, features, and functionality are owned by Unheavy and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our App without our written permission.

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNHEAVY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by updating the "Last updated" date. Your continued use of the App after such changes constitutes acceptance of the new Terms.

Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the App will cease immediately.

Indemnification

You agree to defend, indemnify, and hold harmless Unheavy and Abhishek Gawde from any claim, demand, damage, cost, or liability (including reasonable attorneys' fees) arising from (a) your misuse of the App, (b) your violation of these Terms, or (c) your violation of any law or third-party right. This clause does not cover our own willful misconduct or gross negligence, and does not limit any mandatory consumer-protection rights you have under the laws of your country of residence.

Limitation of Liability — Cap

To the maximum extent permitted by law, and in addition to the disclaimer above, our total aggregate liability to you for any and all claims arising out of or relating to the App or these Terms is limited to the amount you paid for the App in the 12 months preceding the claim, or EUR 50, whichever is greater. This limitation does not apply to liability for death, personal injury, intent (Vorsatz), or gross negligence (grobe Fahrlässigkeit) where such limitation is prohibited by applicable law.

Backup Responsibility

You are responsible for maintaining your own device backups. Unheavy stores only non-essential preferences and statistics on your device; uninstalling the App, resetting your device, or losing your device will erase this local data. We recommend enabling iCloud device backups.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for disputes with merchants (Kaufleute) is Berlin, Germany. Mandatory consumer-protection rights in your country of residence remain unaffected.

Contact Us

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

abhishekgawde@proton.me