Terms of Service

These Terms of Service ("Terms") are an agreement between you and Capcells S.L., a company registered in Spain ("we", "us", "our"), for your use of the Aspecty app ("Aspecty", the "app"). Please read them carefully. By creating an account or using the app, you agree to these Terms. If you do not agree, please do not use the app.

1. Who can use Aspecty

You must be at least 16 years old to use Aspecty. By using the app you confirm that you meet this requirement and that the information you give us is accurate. If you use Aspecty on behalf of someone else, you are responsible for their compliance with these Terms.

2. Your account

To use most features you create an account. You are responsible for keeping your login credentials secure and for activity that happens under your account. Tell us promptly at info@capcells.com if you believe your account has been used without your permission. You may delete your account at any time from within the app.

3. Licence to use the app

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download and use Aspecty on Apple devices that you own or control, for your own personal, non-commercial use. We reserve all rights not expressly granted.

4. Acceptable use

You agree not to:

• Use the app for any unlawful purpose or in violation of these Terms.
• Copy, modify, reverse engineer, decompile, or attempt to extract the source code of the app, except where the law expressly permits it.
• Interfere with, disrupt, or attempt to gain unauthorized access to the app or its systems.
• Use the app to build a competing product or to resell or redistribute it.
• Misuse AI features, for example to generate harmful, illegal, or abusive content.

5. Your content

Aspecty lets you create content such as mood entries, journal entries, reflections, and chat messages ("Your Content"). You keep ownership of Your Content. You grant us a limited licence to host, store, and process Your Content solely to operate and provide the app to you, including sending the necessary parts to our AI provider to generate AI-assisted features you request (see our Privacy Policy). You are responsible for Your Content and confirm you have the right to provide it.

6. AI-assisted features

Some features use artificial intelligence to generate insights, plans, prompts, and chat responses. AI output can be inaccurate, incomplete, or not suitable for your situation. It is generated automatically and is not reviewed by a professional. Use your own judgment, and do not rely on AI output as a substitute for professional advice. See the health notice in section 1.

7. Aspecty Plus subscriptions

Aspecty offers an optional paid subscription, Aspecty Plus, which unlocks additional features. The following terms apply to subscriptions purchased through the App Store:

• Billing: Subscriptions are sold as auto-renewing in-app purchases and are billed through your Apple ID. Aspecty Plus is offered on a monthly and an annual plan; the price and billing period are shown in the app before you purchase.
• Auto-renewal: Your subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the period ends. Your Apple ID is charged for renewal within 24 hours before the period ends.
• Managing and cancelling: You can manage or cancel your subscription in your Apple ID settings (Settings, your name, Subscriptions). Cancelling stops future renewals; the current period continues until it ends.
• Free trials and offers: If a free trial or introductory offer is provided, any unused portion is forfeited when you purchase a subscription, where applicable.
• Price changes: If we change subscription prices, we will tell you in advance, and where required we will ask for your consent to continue.
• Refunds: Purchases are handled by Apple, and refunds are subject to Apple's policies and your statutory rights. We generally cannot grant refunds directly; please contact Apple for billing issues.
• Restoring purchases: You can restore an active subscription on a new device using "Restore Purchases" in the app.

8. App Store terms

You acquire Aspecty through the Apple App Store, and the following apply:

• These Terms are between you and us only, not with Apple. Apple is not responsible for the app or its content.
• Apple has no obligation to provide any maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses are our responsibility, not Apple's.
• Apple is not responsible for addressing any claims relating to the app, including product liability, legal or regulatory non-compliance, and consumer protection claims.
• If a third party claims the app infringes their intellectual property, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim.
• You confirm you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

9. Our intellectual property

The app, including its software, design, text, graphics, and brand, is owned by us or our licensors and is protected by intellectual property laws. Except for the licence in section 3 and your ownership of Your Content, nothing in these Terms transfers any rights to you.

10. Third-party services

Aspecty relies on third-party services (for example our hosting, AI, notification, and analytics providers) to function. Your use of the app is also subject to those providers' terms where applicable. We are not responsible for third-party services we do not control.

11. Disclaimers

To the maximum extent permitted by law, the app is provided "as is" and "as available", without warranties of any kind, whether express or implied, including 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 that it will meet your requirements. This does not affect any statutory rights you have as a consumer that cannot be excluded.

12. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of the app. Our total liability for any claim relating to the app will not exceed the greater of the amount you paid us for the app in the 12 months before the claim, or 50 EUR. Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.

13. Indemnity

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the app or your breach of these Terms, to the extent permitted by law.

14. Suspension and termination

You may stop using Aspecty and delete your account at any time. We may suspend or end your access if you materially breach these Terms or use the app in a way that harms other users, us, or third parties. When your account ends, your licence to use the app ends, and we handle your data as described in our Privacy Policy.

15. Changes to the app

We are continually improving Aspecty, so features may change, be added, or be removed over time. We may also suspend or discontinue the app or any feature. Where a change materially reduces a paid feature, we will act reasonably and in line with applicable consumer law.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the date at the top and, where appropriate, notify you in the app. Your continued use of Aspecty after a change means you accept the updated Terms.

17. If a term is unenforceable

If any part of these Terms is found to be unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

18. Governing law and disputes

These Terms are governed by the laws of Spain, without regard to its conflict of laws rules. The courts of Spain will have jurisdiction over any dispute, except where mandatory consumer protection law in your country of residence within the European Union gives you the right to bring proceedings before, and have the dispute decided under the law of, your local courts. Nothing in these Terms affects your mandatory statutory consumer rights.

19. Contact us

Questions about these Terms? Contact us at info@capcells.com.