Terms & Conditions

1. Acceptance of Terms

By downloading, accessing, or using our mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not download or use the App.

These Terms constitute a legally binding agreement between you and Bely App ("we," "us," or "our") and govern your use of the App. We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

2. Eligibility

You must be at least 16 years old to use the App. By using the App, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms.

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

3. Account Registration

To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Use of the App

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates any applicable federal, state, local, or international law or regulation.

• Engage in unauthorized access to, or use of, the App or any related systems.

• Interfere with or disrupt the operation of the App or the servers and networks connected to the App.

• Use any robot, spider, or other automatic device to retrieve, index, or data mine the App.

• Attempt to gain unauthorized access to any portion of the App or any other systems or networks connected to the App.

5. Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Bely App, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the App for your personal, non-commercial use only. Except as expressly provided in these Terms, no right, title, or interest in or to the App or any content contained therein is transferred to you.

6. Data Usage

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy, which describes how we collect, use, and share your personal information.

By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. App Features and Functionality

The App provides various features including but not limited to:

• Podcasts: Audio content for emotional wellbeing

• Music: Playlists to relax and focus

• Cognition: Exercises to train your mind

• Journal: Capture thoughts and emotions

• Progress tracking: Measure your weekly activity

• Notifications: Wellbeing reminders (coming soon)

We reserve the right to modify, suspend, or discontinue any features or functionality of the App at any time without notice.

8. Limitations of Liability

To the fullest extent permitted by applicable law, Bely App shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the App;

• Any unauthorized access to or use of our servers and/or any personal information stored therein;

• Any interruption or cessation of transmission to or from the App;

• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party;

• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App.

In no event shall Bely App's total liability to you for all damages exceed the amount paid by you, if any, for accessing the App.

9. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in accordance with the rules of the American Arbitration Association.

The arbitration shall be conducted in the English language in Sao Paulo, Brazil. The decision of the arbitrator shall be final and binding on the parties.

You agree that any arbitration or other legal proceeding will be conducted on an individual basis only, and you waive any right to a class action or class-wide arbitration.

10. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion, but we will provide notice of any significant changes to the Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at legal@belyapp.com.