1. Introduction

These Terms of Use ("Terms") define the rules for using Aviseus. They explain how to create and manage an account, describe the payment conditions (if applicable), and the rules for using the features provided through the application.

If you live in the European Economic Area, Switzerland, the United Kingdom, or the United States of America, your use of Aviseus and its features is governed by these Terms.

Please read these Terms carefully before using Aviseus. By using the application, you agree to be bound by these Terms.

2. Eligibility

You must be at least 16 years old to use Aviseus. By using the application, you represent and warrant that you meet this age requirement. If you are under 16 years of age, you are not permitted to use Aviseus.

If you are using Aviseus on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Contact Information

If you have any questions about these Terms, or if you need to report a technical issue, you can contact us at:

Taras Varshava Aroca

Plattenstrasse 12, 8152 Glattbrugg, Switzerland

info@aviseus.com

Requests are processed only on business days, and we may respond within 30 days from the date the request is received.

4. Description of Aviseus

We grant you a limited, non-exclusive, non-transferable right to access Aviseus (Software as a Service), which allows you to interact with AI capabilities and other available functions.

The AI capabilities are designed to help you set goals, track progress, stay motivated, and automatically calculate results. This functionality is intended to support you in achieving your personal goals.

All functions of the application are automated and intended solely for informational, organizational, and motivational purposes. Aviseus is not intended to provide personal consultations, medical, psychological, financial, legal, or any other type of professional service.

To provide AI features, your content (including goals, tasks, messages, and personal context) may be sent to third-party AI service providers (currently OpenAI) for processing. By using the AI features, you consent to this processing. You will be asked for explicit consent before any data is shared with AI providers.

5. Acceptance of Terms

By using Aviseus or any of its features, you agree to these Terms in full. If you do not agree with these Terms, please do not use the application.

By agreeing to these Terms, you also confirm that you have read and understood:

• Privacy Policy - explains how we collect, use, and protect your personal data

• Cookie Policy - contains information about cookies used in our application

6. Account Registration

To access Aviseus and its functionality, you must complete the registration process. During registration, you will be asked to provide your email address, name, and create a password. Alternatively, you may register and sign in using your Google account.

After completing the registration process, you will need to confirm your email address. Once verified, you will gain access to the application.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

7. Subscription and Payments

Aviseus offers free and paid subscription plans. Free plans provide limited access to features, while paid plans unlock additional functionality and higher usage limits.

Billing:

• Subscription fees are billed monthly in advance

• Payments are processed by the platform you subscribe through: Stripe for web purchases, Apple App Store for iOS purchases, and Google Play Store for Android purchases. We do not store your payment card details directly.

• Prices are displayed in your local currency where available and may be subject to applicable taxes (VAT, GST, or sales tax) collected by the relevant payment platform

• By subscribing, you authorize the relevant payment platform to charge your payment method on a recurring basis until you cancel

Automatic Renewal:

Paid subscriptions automatically renew at the end of each billing period unless cancelled. Your payment method will be charged automatically on the renewal date. You will receive a payment receipt via email or through the platform's standard receipt mechanism for each renewal.

Cancellation:

• You may cancel your subscription at any time. For web subscriptions, use the "Manage Subscription" option in your account settings. For iOS, cancel via Settings → Apple ID → Subscriptions. For Android, cancel via Google Play Store → Subscriptions.

• Upon cancellation, you will continue to have access to paid features until the end of your current billing period

• After your billing period ends, your account will be downgraded to the free plan

• No partial refunds are provided for unused portions of a billing period

Refunds:

Refund handling depends on the platform: for iOS purchases, refunds are handled directly by Apple via reportaproblem.apple.com; for Android purchases, refunds are handled by Google Play; for web purchases via Stripe, refund requests made within 14 days of a charge may be submitted to info@aviseus.com and will be considered on a case-by-case basis, unless you are entitled to a statutory refund (see EU withdrawal right below).

EU Right of Withdrawal (Digital Content):

If you are a consumer resident in the European Union, you have a statutory right to withdraw from a distance contract for digital content within 14 days under Directive 2011/83/EU. However, by starting to use Aviseus or any paid feature immediately after subscribing, you expressly consent to immediate performance and acknowledge that you lose your right of withdrawal once performance has begun. If you did not consent to immediate performance and have not used any paid feature, you may withdraw within 14 days by contacting info@aviseus.com and we will issue a full refund.

Price Changes:

We reserve the right to modify subscription prices at any time. The new price will apply to your next billing period after the notice period. Where required by law (including for EU/UK consumers), you will receive advance notice and the option to cancel before the new price takes effect.

Failed Payments:

If a payment fails, the relevant payment platform may attempt to charge your payment method again. If payment cannot be collected, your subscription may be downgraded to the free plan at the end of your current billing period. We are not responsible for any disruption of service due to failed payments.

8. Rights and Obligations

Our Obligations:

• To provide you access to Aviseus and its features

• To respond to your requests within a reasonable timeframe

• To protect your personal data in accordance with our Privacy Policy

Your Obligations:

• To follow these Terms, including the registration process and usage guidelines

• Not to copy, sell, distribute, or share any materials or content from Aviseus

• To refrain from any actions that could damage, disable, or disrupt the application

• Not to share your account credentials with third parties

• Not to use Aviseus for any illegal or unauthorized purpose

• Not to attempt to gain unauthorized access to any part of the application

9. Account Termination

You may delete your account at any time through your account settings. Upon deletion, your personal data will be permanently removed in accordance with our Privacy Policy.

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent or illegal activity, or abuse Aviseus in any way. We will notify you of such termination via email.

If your account is terminated due to a violation of these Terms, you may not be entitled to a refund of any subscription fees.

10. Changes to Aviseus

We may update and modify Aviseus to improve its performance, security, and feature quality. If a change is material, we will make reasonable efforts to notify you in advance via email or in-app notification.

We may also discontinue Aviseus or restrict access for all users at any time. If that happens, we will notify you at least 30 days in advance.

11. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will update the "Last updated" date at the top of this page and notify you via email or in-app notification.

Your continued use of Aviseus after such changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the application.

12. Disclaimer and Limitation of Liability

Aviseus is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the application will be uninterrupted, error-free, or secure.

You acknowledge and agree that we do not guarantee any specific results from using Aviseus. The application is provided for your personal use only.

You understand and agree that any information provided through Aviseus, including AI-generated content, is used at your own risk. You should not rely on it as your sole source of factual information or as a substitute for professional advice.

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Aviseus.

13. Intellectual Property

All intellectual property rights to Aviseus, including the software code, design, structure, texts, images, logos, databases, and other content, belong to us and are protected by applicable intellectual property laws.

You retain ownership of any content you create or submit through Aviseus, but you grant us a license to use, store, and process such content — including sending it to third-party AI service providers — to provide and improve the application.

14. Governing Law and Disputes

These Terms are governed by and interpreted in accordance with the substantive law of Switzerland, without regard to its conflict of law provisions.

All disputes, claims, or demands arising from the use of Aviseus shall first be attempted to be resolved through good-faith negotiation. If a resolution cannot be reached, the dispute shall be submitted to the competent courts of Switzerland.

Nothing in these Terms affects the mandatory consumer protection rights of consumers resident in the European Union, the European Economic Area, the United Kingdom, or any other jurisdiction whose laws cannot be derogated from by contract. Such consumers may also bring proceedings in the courts of their place of residence.

15. Platform-Specific Terms (Apple App Store and Google Play)

If you obtained Aviseus through the Apple App Store or Google Play Store, the following additional terms apply.

Apple App Store

These Terms are entered into between you and us — Apple Inc. ("Apple") is not a party to these Terms. The following clauses apply where you obtained the iOS version of Aviseus from the Apple App Store:

• Acknowledgement: Apple has no obligation whatsoever to provide any maintenance or support services with respect to Aviseus. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Aviseus.

• Scope of License: The licence granted to you for Aviseus is limited to a non-transferable licence to use Aviseus on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms.

• Maintenance and Support: We are solely responsible for providing maintenance and support services for Aviseus, as specified in these Terms, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services in connection with Aviseus.

• Warranty: We are solely responsible for any product warranties for Aviseus, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Aviseus to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for Aviseus to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Aviseus. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

• Product Claims: You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to Aviseus or your use of Aviseus, including but not limited to: (i) product liability claims; (ii) any claim that Aviseus fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the use of any health management functionality.

• Intellectual Property Rights: You and we acknowledge that, in the event of any third-party claim that Aviseus or your possession and use of Aviseus infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Developer Contact: Direct any questions, complaints, or claims concerning Aviseus to the contact details in §3 above.

• Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using Aviseus.

• Third Party Beneficiary: You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Google Play Store

If you obtained the Android version of Aviseus from the Google Play Store, your use of Aviseus is also subject to the Google Play Terms of Service. We — and not Google — are solely responsible for Aviseus and its content. Google does not undertake any obligation or liability to you with respect to Aviseus. Any claim relating to Aviseus (including warranty, product liability, intellectual property, and consumer protection claims) is between you and us, not Google.