Terms of Service

1. Introduction

Welcome to Kaizen (hereinafter "the Application"). The Application is developed and operated by Paolo (hereinafter "we", "our" or "Kaizen").

By downloading, installing or using the Application, you agree to be bound by these Terms of Service (hereinafter "ToS"). If you do not accept these ToS, please do not use the Application.

Kaizen is a wellness and personal development app that offers habit tracking tools, a journal, breathing and meditation exercises, screen time tracking and the ability to block certain apps on your device. The Application is designed to help you in your personal growth and daily mental well-being.

2. General Rules

By using the Application, you agree to: • Use the Application solely for personal and non-commercial purposes. • Not attempt to disassemble, decompile, reverse engineer or modify the Application. • Not use the Application for illegal, harmful, threatening, abusive or otherwise objectionable purposes. • Not interfere with the normal functioning of the Application. • Comply with all applicable laws and regulations in your jurisdiction. • Not purchase, use or access the Application for the purpose of creating a competing product or service.

3. Account, Subscriptions & Premium

Account: An account is created when you use Sign in with Apple. You are responsible for keeping access to the Apple ID you use. You can permanently delete your account and the associated cloud data at any time via "Delete account" in the profile settings. We may store a limited set of account and referral data to operate these features (see our Privacy Policy).

Premium Subscription: The Application offers premium features accessible via a subscription or one-time purchase (hereinafter "Premium Subscription"). Purchases are processed by Apple via the App Store and are subject to Apple's terms and conditions. • Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period. • Payment is charged to your Apple Account upon confirmation of purchase. • You can manage and cancel your subscriptions in your Apple Account settings. • No refunds will be given for unused portions of an active subscription period, in accordance with Apple's policy. • Free trials and introductory offers are available only once per Apple Account / subscription group, as enforced by Apple.

Promo Codes: • Discount codes are personal, non-transferable and subject to specific conditions. • Kaizen reserves the right to modify or withdraw promotional offers at any time.

4. Age Requirement

Use of the Application is permitted from the age of 13. If you are between 13 and 16 years old (or the age of digital consent in your country as required by the GDPR), consent from your parent or legal guardian is required.

Users under 13 years of age are not allowed to use the Application. If we discover that a user under 13 is using the Application, we will take the necessary steps to delete their information.

5. Use of the Application

The Application is provided "as is" and "as available". We do not guarantee that the Application will be available uninterrupted or error-free.

You are solely responsible for your use of the Application and its features, including the journal, habit tracking, breathing exercises, screen time tracking and app blocking.

The app blocking feature uses Apple's Screen Time APIs (Family Controls / Device Activity). By enabling this feature, you authorize the Application to restrict access to certain apps on your device according to your preferences. You can disable blocking at any time from the Application settings or from iOS Screen Time settings. Kaizen shall not be held liable for any disruption, data loss or inability to access certain apps resulting from the use of this feature.

6. Medical Disclaimer

THE APPLICATION IS NOT A MEDICAL DEVICE AND DOES NOT CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

Although the Application was designed to promote mental well-being and personal development, it makes no representation, warranty or guarantee regarding any physical or therapeutic benefit.

THE EXERCISES PROVIDED BY KAIZEN DO NOT REPLACE THERAPY AND ARE NOT INTENDED TO CURE, TREAT OR DIAGNOSE MEDICAL CONDITIONS. ONLY YOUR DOCTOR OR QUALIFIED HEALTHCARE PROFESSIONAL CAN DO SO.

If you suffer from depression, another mental disorder or any other mental health condition, always consult a doctor or qualified healthcare professional before using the Application.

If you have suicidal thoughts or are in danger, immediately call emergency services (112 in Europe).

7. Copyright & Intellectual Property

All elements of the Application, including the software, content, texts, graphics, logos, icons, the mascot "Kai", images, exercises and design (hereinafter "Materials"), are the property of Kaizen and are protected by applicable copyright and intellectual property laws.

You are granted a limited, non-exclusive and revocable license to download and use the Application for personal and non-commercial purposes. Any reproduction, distribution, modification, publication or commercial use of the Materials without prior written authorization from Kaizen is strictly prohibited.

Any unauthorized use constitutes a breach of these ToS and automatically terminates your right to use the Application.

8. User Responsibilities

You agree not to use the Application for illegal purposes and to comply with all applicable laws, rules and regulations.

You agree to: • Not use the services for illegal, defamatory, threatening, obscene or privacy-infringing purposes. • Not interfere with the normal functioning of the Application. • Not attempt to access the Application by means other than the interfaces provided.

9. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, KAIZEN, ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING FROM THE USE OR INABILITY TO USE THE APPLICATION.

You use the Application at your own risk. The Application is provided "as is", without any warranty of any kind.

Kaizen's total liability arising from the use of the Application shall not exceed the amount you paid for the Application in the preceding 12 months.

10. Applicable Laws & Jurisdiction

For users located in the European Union and Switzerland: These ToS are governed by Swiss law. Any dispute relating to these ToS shall be subject to the exclusive jurisdiction of the courts of the canton of your domicile or Kaizen's registered office.

For users located outside the EU and Switzerland: These ToS are governed by Swiss law, without regard to its conflict of law rules.

Pursuant to Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution (ODR) platform accessible at: https://ec.europa.eu/consumers/odr.

11. Changes to the ToS

Kaizen reserves the right to modify or update these ToS at any time. Changes will take effect immediately upon publication.

Your continued use of the Application after the publication of changes constitutes your acceptance of the modified ToS. In some cases, we may notify you of changes through additional means, such as an email or an in-app notification.

12. General Clauses

If any provision of these ToS is found to be invalid or unenforceable, the remaining provisions shall remain in force.

Kaizen's failure to enforce any right or provision of the ToS shall not constitute a waiver of such right or provision.

These ToS constitute the entire agreement between you and Kaizen regarding the use of the Application and supersede all prior agreements.

For any questions regarding these ToS, you can reach us at: kaizenapp.contact@gmail.com.