Terms of Service

Last Updated: November 11, 2024

Welcome to Resist & Rise. These Terms of Service ("Terms") govern your use of our mobile application. By using Resist & Rise, you agree to these Terms.

1. Acceptance of Terms

By downloading, installing, or using Resist & Rise, you agree to:

• These Terms of Service
• Our Privacy Policy
• Apple's App Store Terms of Service

If you don't agree with these Terms, please don't use Resist & Rise.

2. Eligibility

You must:

• Be at least 13 years old to use Resist & Rise
• Be at least 18 years old (or age of majority in your jurisdiction) to subscribe
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the service under applicable law

3. Service Description

Resist & Rise is an AI-powered habit coaching application that:

• Generates personalized motivation messages using artificial intelligence
• Provides text-to-speech audio for messages
• Sends optional follow-up notifications
• Stores your message history and preferences
• Helps you break bad habits ("Resist") and build good ones ("Rise")

4. Account Registration

4.1 Account Creation

• You must provide a valid email address
• You're responsible for maintaining account security
• You're responsible for all activities under your account
• You must notify us immediately of any unauthorized access

4.2 Account Security

• Keep your login credentials confidential
• Don't share your account with others
• Use a strong, unique password

5. Subscription Terms

5.1 Subscription Plans

Resist & Rise offers the following subscription plans:

• Weekly: $4.99/week
• Monthly: $9.99/month (includes 3-day free trial)
• Yearly: $79.99/year (includes 3-day free trial)

Prices may vary by region and are subject to change. Current pricing will be shown in the app.

5.2 Free Trial

• Monthly and Yearly plans include a 3-day free trial
• You won't be charged until the trial ends
• Cancel anytime during the trial to avoid charges
• Free trial is available once per user

5.3 Billing

• Payment is processed through Apple's App Store
• You'll be charged through your Apple ID account
• Subscriptions auto-renew unless canceled 24 hours before renewal
• Your account will be charged for renewal within 24 hours before the end of the current period

5.4 Cancellation

• Cancel anytime through your Apple ID Subscriptions settings
• Cancellation takes effect at the end of the current billing period
• You'll retain access until the end of the paid period
• No partial refunds for unused time after cancellation

6. Refund Policy

6.1 Apple's Refund Policy

All purchases are processed through Apple's App Store. Refund requests must be submitted to Apple:

• Visit support.apple.com/billing
• Or request through your Apple ID account settings
• Apple's refund policies apply to all purchases

6.2 Our Policy

We believe in customer satisfaction. If you're not satisfied:

• Contact us at destangokalp@gmail.com with your concern
• We'll work with you to resolve issues
• For technical issues, we'll provide support to fix problems

7. User Responsibilities

7.1 Acceptable Use

You agree to:

• Use Resist & Rise for personal, non-commercial purposes only
• Provide accurate information
• Comply with all applicable laws and regulations
• Respect the intellectual property of others

7.2 Prohibited Actions

You agree NOT to:

• Reverse engineer, decompile, or disassemble the app
• Attempt to gain unauthorized access to our systems
• Use automated scripts or bots to access the service
• Abuse, harass, or harm other users or our systems
• Share your subscription with others
• Violate any applicable laws or regulations
• Use the service to harm yourself or others

8. Intellectual Property

8.1 Our Rights

Resist & Rise and all related content, features, and functionality are owned by us and protected by:

• Copyright laws
• Trademark laws
• Other intellectual property rights

8.2 Your Rights

• You retain ownership of your personal data
• AI-generated messages created for you are for your personal use
• You may not resell, redistribute, or commercialize the content

8.3 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use Resist & Rise for personal purposes, subject to these Terms.

9. AI-Generated Content

9.1 Nature of AI Content

• Messages are generated by artificial intelligence (Google Gemini)
• Content may not always be perfect or applicable to your situation
• AI can occasionally produce unexpected or inappropriate content
• We continuously improve our AI prompts and filters

9.2 Content Accuracy

• We don't guarantee the accuracy of AI-generated content
• Messages are motivational in nature, not professional advice
• Use your own judgment when applying advice

9.3 Toxic Mode

• Optional "Toxic Mode" provides brutally honest messaging
• May include content about consequences, regret, and urgency
• Not recommended for everyone - use discretion
• You can disable this mode anytime

10. Disclaimers

10.1 Service "As Is"

Resist & Rise 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
• Non-infringement
• Uninterrupted or error-free operation

10.2 No Medical Advice

Resist & Rise:

• Is NOT a substitute for professional medical, psychiatric, or psychological treatment
• Does NOT provide medical advice, diagnosis, or treatment
• Should NOT be used for mental health crises
• Is NOT a replacement for therapy or counseling

If you're experiencing a mental health emergency, please:

• Call emergency services (911 in the US)
• Contact the National Suicide Prevention Lifeline: 988
• Contact the Crisis Text Line: Text HOME to 741741

11. Limitation of Liability

To the maximum extent permitted by law:

• We are NOT liable for any indirect, incidental, special, consequential, or punitive damages
• We are NOT liable for loss of profits, data, or use
• Our total liability is limited to the amount you paid in the past 12 months
• We are NOT responsible for actions you take based on AI-generated content

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of Resist & Rise
• Your violation of these Terms
• Your violation of any rights of others

13. Service Availability

13.1 Changes to Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the service
• Update features and functionality
• Change pricing (with notice to existing subscribers)
• Limit certain features to specific subscription tiers

13.2 Service Interruptions

• We strive for 99.9% uptime but don't guarantee uninterrupted service
• Maintenance may temporarily affect availability
• Third-party service outages (Firebase, AI APIs) may impact functionality

14. Termination

14.1 Termination by You

• Cancel your subscription anytime through Apple
• Delete your account through the app settings
• Deletion is permanent and cannot be undone

14.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent activity
• You abuse or misuse the service
• Required by law

14.3 Effect of Termination

• Your right to use Resist & Rise ends immediately
• You may lose access to your message history
• No refunds for remaining subscription time
• Certain provisions of these Terms survive termination

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, please contact us at destangokalp@gmail.com to resolve the issue informally.

15.2 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

15.3 Arbitration (if applicable)

Any disputes will be resolved through binding arbitration rather than in court, except where prohibited by law.

16. International Use

• Resist & Rise is available worldwide
• You're responsible for complying with local laws
• Some features may not be available in all regions
• Prices may vary by region and currency

17. Updates to Terms

We may update these Terms from time to time. We'll notify you of material changes by:

• Updating the "Last Updated" date
• Sending an in-app notification
• Requiring acceptance of new terms

Continued use after changes means you accept the new Terms.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding Resist & Rise.

20. Third-Party Rights

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right to enforce these Terms against you.