Terms of Service

1. Parties and Definitions

This Software as a Service Agreement ("Agreement") is entered into between app-factory.dev Limited, a company incorporated in England and Wales ("Provider", "we", "us", "our") and the entity accessing our services ("Customer", "you", "your").

"Service" means the Freya AI accountability platform provided via WhatsApp and web-based access, including all associated features, functionality, and documentation.

2. Service Description

Freya is an AI-powered accountability service that:

Sends proactive check-in messages via WhatsApp
Tracks your goals and progress
Provides motivational support and accountability
Challenges excuses and helps you stay on track

Freya is not a replacement for professional medical, psychological, or therapeutic advice. If you have health concerns, please consult appropriate professionals.

3. Service Provision

3.1 Service Availability:

We will use commercially reasonable efforts to make the Service available 24/7, subject to scheduled maintenance and circumstances beyond our reasonable control.

3.2 Service Modifications:

We reserve the right to modify, update, or discontinue features of the Service with thirty (30) days' notice for material changes.

3.3 Support:

We provide reasonable technical support during business hours (09:00-17:00 UK Local time, Monday to Friday).

3.4 WhatsApp Dependency:

The Service relies on WhatsApp's Business API. We are not responsible for WhatsApp downtime or policy changes that may affect service delivery.

4. Customer Obligations

4.1 Acceptable Use:

You agree to use the Service only for lawful purposes and in accordance with this Agreement and any applicable laws and regulations.

4.2 Account Security:

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

4.3 Accurate Information:

You warrant that all information provided is accurate, including your phone number for WhatsApp communication.

4.4 Appropriate Use:

You agree not to use the Service for goals or activities that are illegal, harmful, or in violation of others' rights.

5. Subscription and Payment

5.1 Free Trial:

New users receive a 7-day free trial. No payment is required during the trial period.

5.2 Subscription Fee:

After the trial, the Service costs £9.99 per month, billed monthly in advance.

5.3 Automatic Renewal:

Subscriptions automatically renew monthly unless cancelled before the renewal date.

5.4 Cancellation:

You may cancel your subscription at any time. Access continues until the end of the current billing period. No refunds for partial months.

5.5 Price Changes:

We may increase fees with sixty (60) days' written notice. Continued use after the notice period constitutes acceptance.

5.6 Taxes:

All fees are inclusive of VAT where applicable.

6. Intellectual Property

6.1 Service IP:

All intellectual property rights in the Service remain our property or that of our licensors. You receive only a limited, non-exclusive licence to use the Service.

6.2 Customer Data:

You retain all rights to data you input into the Service. You grant us a licence to process this data solely to provide the Service.

6.3 Feedback:

Any feedback, suggestions, or improvements you provide may be used by us without restriction or compensation.

7. Data Protection and Privacy

7.1 Data Processing:

We process personal data in accordance with our Privacy Policy and applicable data protection laws. You acknowledge you have read our Privacy Policy.

7.2 Message Content:

Messages exchanged with Freya are processed to provide the accountability service. We do not share your conversation content with third parties except as required by law.

7.3 Data Security:

We implement appropriate technical and organisational measures to protect data, including encryption and access controls.

8. Limitation of Liability

8.1 Service Limitations:

The Service is provided "as is" without warranties of any kind. We do not warrant that the Service will be error-free or uninterrupted.

8.2 No Professional Advice:

Freya provides accountability support only. We are not liable for decisions you make based on interactions with the Service. The Service is not a substitute for professional advice.

8.3 Liability Cap:

Our total liability to you for any claims arising from this Agreement shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

8.4 Excluded Damages:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data.

8.5 Exceptions:

Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

9. Termination

9.1 Termination Rights:

Either party may terminate this Agreement at any time. We may terminate immediately for material breach or violation of acceptable use policies.

9.2 Data Retrieval:

Upon termination, you have thirty (30) days to request export of your data. After this period, we may delete your data in accordance with our retention policy.

9.3 Survival:

Provisions relating to intellectual property, confidentiality, limitation of liability, and governing law survive termination.

10. Dispute Resolution

10.1 Governing Law:

This Agreement is governed by the laws of England and Wales.

10.2 Jurisdiction:

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10.3 Alternative Dispute Resolution:

We encourage resolution of disputes through good faith negotiations before resorting to litigation.

11. General Provisions

11.1 Entire Agreement:

This Agreement, together with our Privacy Policy, constitutes the entire agreement between the parties.

11.2 Assignment:

You may not assign this Agreement without our written consent. We may assign this Agreement with thirty (30) days' notice.

11.3 Severability:

If any provision is found unenforceable, the remainder of the Agreement remains in effect.

11.4 Force Majeure:

Neither party is liable for delays or failures due to circumstances beyond their reasonable control.

12. Consumer Rights

If you are a consumer, you have statutory rights under UK consumer protection laws that cannot be excluded. This Agreement does not affect those rights.

For information about your statutory rights, contact your local Trading Standards office or Citizens Advice Bureau.

13. Changes to This Agreement

We may update this Service Agreement from time to time. We will notify you of any material changes by email or through platform notifications. Continued use of the Service after such changes constitutes your acceptance of the updated Agreement.

14. Contact Information

For questions about this agreement, please contact us at:

Company: app-factory.dev Limited. Registered in England and Wales | Company Number: 16567409
Registered Office: 12b Otley Street, Skipton, England, BD23 1DZ
Email: hello@app-factory.dev