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These Terms of Use ("Terms") govern your access to and use of the My Mindfulness App mobile application ("My Mindfulness App" or the "Application"), provided by Emwiasoft Ltd (the "Company", "we", "our", or "us"). By downloading, installing, or using the Application, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, or use the Application. Please also review our Privacy Policy, which describes how we handle information in connection with the Application and forms part of these Terms by reference.
My Mindfulness App is a personal mindfulness and meditation companion for Android and iOS, designed to help users practice guided sessions, track their mood, and keep a personal journal locally on their device. The Application has been designed according to the principles of Privacy by Design and Data Minimisation. All journal entries, mood logs, and session history created within the Application are stored locally on the user's device, and the Company has no ability to access, read, modify, or recover such records.
The Application is intended for personal use and is not directed to children under the applicable minimum age. By using the Application, you represent that you meet the applicable minimum age requirement in your jurisdiction and that you have the legal capacity to enter into these Terms. The Application is intended to support general wellbeing and relaxation and is not a substitute for professional medical or mental health advice, diagnosis, or treatment. If you are experiencing a mental health crisis, please seek help from a qualified professional or emergency services.
The Application does not require an online account. Any preferences, journal entries, mood logs, and session history you create are stored exclusively on your device. You are solely responsible for the security of the device on which the Application is installed. The Company cannot recover your data if your device is lost, damaged, or if the Application is uninstalled, as no such information is stored on our servers.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non- transferable, revocable license to download, install, and use the Application on devices that you own or control, solely for your own personal use. You may not, and may not permit any third party to:
Users may use My Mindfulness App free of charge during an initial 7-day trial period, which provides full access to premium features. After the trial period ends, full lifetime access to premium features is unlocked through a one-time in-app purchase of EUR 2.99 (current price is shown within the Application and may vary by country and currency). This is a one-time purchase, not a subscription. It does not renew, and you will not be charged again for continued access once the purchase is completed. All payments are processed exclusively through Google Play Billing and Apple In-App Purchases, in accordance with the applicable store's terms. The Company never receives or stores payment card information. Refunds are handled according to the policies of the Apple App Store or Google Play Store, as applicable. The Company does not process refunds directly.
All journal entries, mood logs, session history, and other content you create within the Application ("User Content") remain stored locally on your device and remain your sole property and responsibility. You are solely responsible for backing up your User Content. If your device's standard backup feature is enabled (such as iCloud Backup on iOS or Google Drive backup on Android), your User Content may be included in that backup as part of the general device backup process; such backups are controlled entirely by Apple or Google, and the Company has no access to them. The Company is not responsible for any loss, corruption, or deletion of User Content resulting from device failure, uninstallation of the Application, loss of the device, or any other cause, as User Content is not stored on Company servers.
When using the Application, you agree that you will not:
The Application, including its software, design, graphics, text, and other content (excluding your User Content), is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in Section 5, these Terms do not grant you any rights, title, or interest in the Application or its underlying intellectual property.
The Application relies on the Apple App Store and Google Play Store for purchase processing. Your use of these third-party services is subject to their respective terms and privacy policies, which the Company does not control. These Terms apply solely to the My Mindfulness App Application. They do not apply to Google Play, the Apple App Store, or any operating system services, each of which is governed by its own respective terms.
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA STORED LOCALLY WILL NOT BE LOST OR CORRUPTED. THE APPLICATION IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MENTAL HEALTH CONDITION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APPLICATION SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Application, your User Content, or your violation of these Terms.
You may stop using the Application at any time by uninstalling it from your device. The Company may suspend or terminate your access to the Application, in whole or in part, if you violate these Terms or engage in conduct that the Company reasonably believes is harmful to the Application, other users, or the Company. As User Content is stored solely on your device, uninstallation may result in the permanent loss of your User Content unless you have created your own backup or your device's standard backup feature includes it.
These Terms are governed by, and shall be construed in accordance with, the laws of the Republic of Bulgaria, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Sofia, Bulgaria, unless mandatory consumer protection law applicable to you provides otherwise.
We may update these Terms from time to time. Any changes become effective upon publication of the updated version within the Application. Your continued use of the Application after such changes take effect constitutes your acceptance of the revised Terms.
Emwiasoft Ltd 2A Frederic Joliot-Curie Blvd., 1113 Sofia, Bulgaria Company Registration Number: BG207392577 Email: marketing@emviasoft.com