Terms of Use

Effective Date: December 2024

By downloading or using Wendy, you agree to these Terms of Use. Please read them carefully before using the app.

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Wendy App ("we," "us," or "our") governing your use of the Wendy mobile application ("App"). By accessing or using the App, you agree to be bound by these Terms.

If you do not agree to these Terms, do not download, install, or use the App.

2. Eligibility

You must be at least 18 years old to use Wendy. By using the App, you represent and warrant that:

3. Description of Service

Wendy is an AI-powered performance coaching application that provides:

Important: Wendy is a coaching tool, NOT a substitute for professional mental health services, therapy, or medical advice. If you are experiencing a mental health crisis, please contact emergency services or a licensed mental health professional immediately.

4. Subscription and Payments

4.1 Free Trial

New users receive 5 free coaching conversations. After using all free conversations, a subscription is required for continued access.

4.2 Premium Subscription

4.3 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

4.4 Price Changes

We reserve the right to change subscription prices. Any price changes will be communicated in advance and will apply to the next billing cycle after the change.

5. Acceptable Use

You agree to use Wendy only for lawful purposes. You shall NOT:

6. AI-Generated Content

6.1 Nature of AI Responses

Wendy uses artificial intelligence to generate coaching responses. You understand and acknowledge that:

6.2 No Professional Advice

Wendy does NOT provide:

7. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

8. Intellectual Property

The App, including its design, features, content, and underlying technology, is owned by us and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

You may not:

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim.

11. Indemnification

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

12. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination:

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the App or by updating the "Effective Date" at the top of this document. Your continued use of the App after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles.

15. Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through:

  1. Informal Resolution: Contact us first to attempt to resolve the dispute informally
  2. Mediation: If informal resolution fails, disputes may be submitted to mediation
  3. Legal Action: Either party may pursue legal remedies in courts of competent jurisdiction

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

18. Contact Us

If you have questions about these Terms of Use, please contact us:

Email: wendyproperformancecoach@gmail.com