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Terms of Use for Encephalon

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1. Agreement to Terms

1.1 Acceptance of Terms

By accessing and using the Encephalon mobile application ("App," "Service," "we," "us," or "our"), you accept and agree to be bound by these Terms of Use ("Terms").

If you do not agree to these Terms, you must not use the App.

1.2 Who Can Use Encephalon

  • You must be at least 13 years old to use Encephalon

  • Users between 13-17 should have parental consent

  • You must have the legal capacity to enter into a binding agreement

  • You agree to use the App in compliance with all applicable laws

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. When we do:

  • The "Last Updated" date will change

  • We will notify you through the App

  • Continued use after changes constitutes acceptance

  • Material changes will require explicit consent

2. Important Medical Disclaimer

2.1 Not a Medical Service

ENCEPHALON IS NOT A MEDICAL DEVICE, MEDICAL SERVICE, OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The App is designed for:

  • ✅ Mood tracking and self-awareness

  • ✅ Pattern recognition and insights

  • ✅ Wellness support and resources

  • ✅ Crisis resource access

The App is NOT designed for:

  • ❌ Diagnosing mental health conditions

  • ❌ Treating medical conditions

  • ❌ Replacing therapy or counseling

  • ❌ Prescribing medication

  • ❌ Emergency medical response

2.2 Crisis Support Limitations

IMPORTANT - EMERGENCY SITUATIONS:

IF YOU ARE EXPERIENCING A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (911 IN THE US) OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.

The crisis support features in Encephalon:

  • Provide information about crisis resources

  • Offer coping strategies and safety planning tools

  • Connect you to hotlines and support services

  • DO NOT replace emergency services

  • DO NOT provide real-time counseling

  • DO NOT guarantee immediate response

2.3 Professional Medical Advice

You should always:

  • ✅ Consult with qualified healthcare professionals

  • ✅ Seek professional help for mental health concerns

  • ✅ Follow your doctor's or therapist's advice

  • ✅ Take prescribed medications as directed

  • ✅ Inform your healthcare provider you're using this App

Never:

  • ❌ Disregard professional medical advice because of the App

  • ❌ Delay seeking professional help based on App content

  • ❌ Use the App as your only mental health support

  • ❌ Stop taking medication without consulting your doctor

2.4 Accuracy of Information

While we strive for accuracy:

  • The App provides general wellness information

  • AI insights are based on patterns, not clinical diagnosis

  • Information may not be suitable for your specific situation

  • Weather-mood correlations are observational, not causal

  • Individual results may vary

3. Account and Usage

3.1 No Account Required

Encephalon does not require you to create an account. You can use the App completely anonymously.

3.2 Your Responsibilities

You agree to:

  • Use the App for lawful purposes only

  • Provide accurate information (when you choose to provide it)

  • Keep your device secure

  • Maintain the confidentiality of your data

  • Not misuse crisis support features

  • Not attempt to reverse-engineer or hack the App

  • Not use automated systems to access the App

3.3 Prohibited Uses

You must NOT:

  • Use the App to harm yourself or others

  • Abuse emergency contact features

  • Share inappropriate content through notes/photos

  • Attempt to circumvent security features

  • Use the App for any illegal purpose

  • Violate others' privacy rights

  • Impersonate others

  • Distribute malware or viruses

4. Intellectual Property Rights

4.1 Our Property

Encephalon and its original content, features, and functionality are owned by Encephalon App and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes:

  • App design and interface

  • Logo and branding

  • AI algorithms and models

  • Documentation and guides

  • Original content and resources

4.2 Your Data

You retain all ownership rights to your mood data and content (entries, notes, photos, etc.) that you create in the App.

By using the App, you grant us a limited license to:

  • Store your data locally on your device

  • Process your data to provide App features

  • Include anonymous, aggregated statistics in research (if you enable analytics)

We do NOT claim ownership of your personal mood data.

4.3 Open Source Components

Encephalon uses open-source libraries and components. Their respective licenses apply and are available in the App's "About" section.

4.4 Feedback

If you provide feedback, suggestions, or ideas:

  • We may use them without obligation to you

  • We do not commit to implementing any feedback

  • You grant us a perpetual, royalty-free license to use such feedback

5. Privacy and Data Protection

5.1 Privacy Policy

Please visit our Privacy Policy page.

5.2 Data Security

While we implement strong security measures:

  • No system is 100% secure

  • You are responsible for device security

  • We cannot guarantee absolute security

  • Notify us immediately of any security breach

5.3 Your Data Rights

You have the right to:

  • Access your data

  • Export your data

  • Delete your data

  • Correct your data

  • Control data sharing

6. Third-Party Services

6.1 External Links

The App contains links to third-party websites and services (crisis hotlines, support resources, etc.).

We are not responsible for:

  • Content on external sites

  • Privacy practices of external services

  • Availability of external services

  • Any issues arising from your use of external services

6.2 Weather Service

We use third-party weather APIs (OpenWeatherMap) to provide weather correlation features. Their terms of service and privacy policy apply.

6.3 Cloud Storage

If you enable Google Drive backup, Google's terms of service and privacy policy apply to your backup data.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

7.1 "AS IS" Service

THE APP 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

  • ❌ Accuracy or completeness

  • ❌ Uninterrupted or error-free operation

7.2 No Guarantee of Results

We do not guarantee that:

  • The App will improve your mental health

  • AI predictions will be accurate

  • Weather correlations apply to you

  • The App will meet your specific needs

  • The App will always be available

  • Bugs will be fixed immediately

7.3 Use at Your Own Risk

You understand and agree that:

  • You use the App at your own risk

  • You are responsible for your mental health decisions

  • The App is a tool, not a solution

  • Professional help is recommended for mental health issues

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

8.1 No Liability for Damages

WE ARE NOT LIABLE FOR ANY:

  • Direct, indirect, incidental, or consequential damages

  • Loss of profits or revenue

  • Loss of data

  • Personal injury or property damage

  • Emotional distress

  • Medical expenses

  • Other pecuniary losses

ARISING FROM:

  • Your use or inability to use the App

  • Reliance on any information in the App

  • Unauthorized access to your data

  • Errors or omissions in the App

  • Any other matter relating to the App

8.2 Maximum Liability

IF WE ARE FOUND LIABLE DESPITE THE ABOVE, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE APP (WHICH IS $0 IF YOU USE THE FREE VERSION).

8.3 Some Jurisdictions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, the above limitations may not apply to you, but they will apply to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Encephalon App, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the App

  • Your violation of these Terms

  • Your violation of any law or regulation

  • Your violation of others' rights

  • Content you submit through the App

  • Your misuse of crisis support features

10. Termination

10.1 Your Right to Terminate

You can stop using the App at any time by:

  • Uninstalling the App

  • Deleting your data

  • Discontinuing use

10.2 Our Right to Terminate

We may suspend or terminate your access to the App if:

  • You violate these Terms

  • You engage in fraudulent or illegal activity

  • You abuse the Service

  • We are required to do so by law

  • We discontinue the Service

10.3 Effect of Termination

Upon termination:

  • Your right to use the App ceases immediately

  • Data stored locally remains on your device (until you delete it)

  • Cloud backups remain in your Google Drive (until you delete them)

  • These Terms survive termination where applicable

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of WY, without regard to conflict of law provisions.

11.2 Arbitration Agreement

PLEASE READ THIS CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS

Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration rather than in court, except:

  • Small claims court matters

  • Intellectual property disputes

  • Emergency equitable relief

Arbitration process:

  • Individual basis only (no class actions)

  • Conducted by [Arbitration Service, e.g., AAA]

  • Location: [Your location] or online

  • Costs: We'll pay arbitration fees for claims under $10,000

11.3 Opt-Out of Arbitration

You may opt out of arbitration within 30 days of first using the App by emailing: support@encephalon.app with subject "Arbitration Opt-Out"

11.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

12. General Provisions

12.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

12.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

12.3 No Waiver

Our failure to enforce any right or provision does not waive our right to enforce it later.

12.4 Assignment

You cannot transfer or assign your rights under these Terms. We may assign our rights to any affiliate or successor.

12.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control (natural disasters, pandemics, war, etc.).

12.6 Electronic Communications

You consent to receive electronic communications from us, including notifications through the App, which satisfy any legal communication requirements.

12.7 Export Controls

You agree to comply with all export and re-export restrictions and regulations.

13. Accessibility

We are committed to making Encephalon accessible to all users, including those with disabilities. If you encounter accessibility issues, please contact: accessibility@encephalon.app

14. Specific Feature Terms

14.1 Crisis Support Features

  • Not a substitute for professional help

  • Not monitored 24/7

  • No guarantee of response time

  • User responsible for seeking appropriate help

  • Resources provided for informational purposes only

14.2 AI/ML Features

  • Predictions are probabilistic, not deterministic

  • Based on patterns in your data only

  • Not diagnostic or prescriptive

  • May not be accurate for all individuals

  • Should not guide medical decisions

14.3 Weather Correlation

  • Correlation does not imply causation

  • Individual results vary

  • Weather data from third-party sources

  • Past patterns don't guarantee future results

14.4 Cloud Backup

  • You control when backups occur

  • Encrypted before upload

  • Stored in your personal Google Drive

  • Subject to Google's terms and policies

  • We cannot recover lost backups

15. Age-Specific Terms

15.1 Users Aged 13-17

If you are between 13 and 17:

  • You should have parental permission to use the App

  • Parental controls are available

  • Parents can access your data if needed

  • Additional privacy protections apply

15.2 Parents and Guardians

If your child uses Encephalon:

  • You can enable parental oversight features

  • You can access their mood data if configured

  • You are responsible for monitoring their usage

  • Contact us for any concerns: support@encephalon.app

16. Feedback and Complaints

16.1 We Want to Hear From You

16.2 Response Time

We aim to respond within:

  • Security issues: 24 hours

  • Privacy concerns: 48 hours

  • General support: 3-5 business days

  • Feedback: We read everything but can't respond to all

17. Updates to the App

17.1 App Updates

We may release updates to:

  • Fix bugs

  • Add features

  • Improve performance

  • Enhance security

  • Update content

You should keep the App updated to the latest version for security and functionality.

17.2 No Obligation

We have no obligation to:

  • Maintain the App indefinitely

  • Provide updates

  • Add new features

  • Support old versions

18. Discontinuation of Service

18.1 Service Changes

We reserve the right to:

  • Modify or discontinue the App (temporarily or permanently)

  • Change features or functionality

  • Impose limits on certain features

  • Restrict access in certain regions

We will provide reasonable notice (if possible) before discontinuing the Service.

18.2 No Refunds

Since Encephalon is currently free, no refunds are applicable. If we introduce paid features, refund terms will be specified separately.

19. Compliance with Laws

You agree to use the App in compliance with:

  • Local, state, national, and international laws

  • Healthcare regulations (HIPAA, GDPR, etc. as applicable)

  • Export control laws

  • Anti-spam laws

  • All other applicable regulations

20. Contact Information

Summary (Plain Language)

What you agree to:

  • Use the App responsibly and legally

  • Understand this is not medical advice

  • Seek professional help for mental health issues

  • Call emergency services in true emergencies

  • Keep your device and data secure

What we provide:

  • A mood tracking tool

  • Privacy-focused features

  • Crisis resource information

  • Weather correlation insights

  • Free access to all features (currently)

What we don't do:

  • Diagnose or treat medical conditions

  • Provide therapy or counseling

  • Monitor you 24/7

  • Sell your data

  • Guarantee specific outcomes

Important notes:

  • This is not a substitute for professional medical care

  • In an emergency, call 911 or your local emergency number

  • You own your data

  • We're committed to your privacy

  • Read our full Privacy Policy

Questions? Contact us at: support@encephalon.app

By using Encephalon, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.

Last Updated: [June 2025]

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