Terms of Use and End User License Agreement

Effective: 2026-07-13
Version: 1.0

These Terms of Use and End User License Agreement (“Terms” or “EULA”) govern your use of the ZenThoughts application and related services.

1. Agreement and Developer

These Terms are an agreement between you and Ausianovich Kanstantsin (also presented as Kanstantsin Ausianovich in the Privacy Policy), an individual developer in the Republic of Lithuania (“Developer,” “I,” “me,” or “my”). They are not an agreement between you and Apple Inc. (“Apple”). The Developer, not Apple, is responsible for ZenThoughts and its content, subject to the Apple-specific provisions below.

By tapping the control that accepts these Terms, creating an account, submitting a comment, purchasing or restoring a ZenThoughts subscription, or otherwise using ZenThoughts after the Terms are presented to you, you agree to them. If you do not agree, do not create an account, submit content, or use the service.

ZenThoughts records the accepted Terms version and acceptance timestamp. Explicit acceptance is required before account creation or posting comments. The Privacy Policy explains how personal data is processed. Acknowledging that notice is not blanket consent to data processing; separate consent is requested where required.

2. Eligibility

You must be at least 13 years old to use ZenThoughts. If you are 13 or older but below the age at which you may enter into these Terms or consent to relevant processing by yourself under local law, you may use ZenThoughts only with the involvement and authorization of a parent or legal guardian where required.

By accepting these Terms, you represent that you meet these requirements and have legal capacity to enter into this agreement. A parent or guardian who authorizes a minor’s use is responsible for supervising that use only to the extent permitted by mandatory local law.

3. Accounts and Security

You agree to provide accurate information, keep it reasonably current, protect access to your device and authentication providers, and promptly contact me if you believe your account has been used without authorization.

You are responsible for activity performed through your account and for information or content you choose to submit, except to the extent the activity results from a security failure for which applicable law makes the Developer responsible. You may not share access in a way that defeats subscription, security, or eligibility restrictions.

ZenThoughts may require provider-matched reauthentication before sensitive actions such as permanent account deletion. You must not attempt to access another person’s account or falsely represent your identity or authority.

4. License

Subject to these Terms, the Developer grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use ZenThoughts for personal, non-commercial purposes on Apple-branded products that you own or control, as permitted by the Apple Media Services Usage Rules. Other accounts associated through Family Sharing or volume purchasing may use the app only where Apple’s rules and the app’s subscription configuration permit it.

ZenThoughts is licensed, not sold. No ownership of the app, software, brand, or Developer-supplied content transfers to you. You may not distribute, rent, lease, sell, sublicense, copy, modify, create derivative works from, reverse engineer, decompile, or attempt to extract source code from ZenThoughts except where applicable law expressly permits an activity that cannot lawfully be restricted.

The license ends when these Terms terminate or when you delete the app, whichever applies, but provisions intended to survive remain effective.

5. Acceptable Use

You must not use ZenThoughts to:

Restrictions on reverse engineering, interoperability, research, or security testing apply only to the extent enforceable under applicable law.

6. User Content

“User Content” means comments and other material you submit to ZenThoughts. You retain ownership of your User Content.

You grant the Developer a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, distribute within the service, secure, review, and moderate your User Content only as needed to operate, protect, and improve ZenThoughts, enforce these Terms, and comply with law. This license ends when the content is deleted from active systems, except for temporary backup copies, evidence needed for security or legal claims, and retention required by law.

You represent that you have the rights and permissions needed to submit the User Content and that its submission and use under this limited license do not violate law or another person’s intellectual-property, privacy, publicity, confidentiality, contractual, or other rights.

Comments are public. Do not post private or sensitive information. You are responsible for your decision to publish User Content and for claims arising from content you had no right to submit, subject to the limitations and mandatory protections in applicable law.

7. Moderation, Suspension, and Termination

ZenThoughts may use content filtering and provides mechanisms to report objectionable content and block abusive users. Reports may be reviewed, and content may be removed or access restricted when content or conduct violates these Terms, community safety, another person’s rights, or applicable law.

The Developer may suspend or terminate an account when reasonably necessary to address a material or repeated violation, fraud, abuse, security risk, legal requirement, or harm to users or the service. Where appropriate and legally required, notice or an opportunity to appeal will be provided.

Moderation cannot guarantee that every harmful submission will be detected or removed immediately. This limitation does not remove any moderation, privacy, consumer-protection, or other duty that applicable law or App Store rules impose on the Developer.

8. Subscriptions

ZenThoughts may offer auto-renewable subscriptions through Apple. The purchase screen identifies the subscription name, duration, included features, full price charged, renewal period, and any trial or introductory offer. Those displayed commercial terms form part of these Terms for that purchase.

Unless cancelled before renewal is processed, a subscription renews automatically for another period at the displayed renewal price. Payment is charged by Apple to your Apple Account, and Apple may process renewal shortly before the current period ends. Apple controls billing timing, taxes, currency conversion, price-change notices, and any consent required for a price increase.

If a free trial or discounted introductory period is offered, the purchase screen states its duration and the price that applies afterward. Unless cancelled before conversion, the offer becomes a paid auto-renewable subscription under Apple’s displayed terms.

You can restore eligible purchases in the app. RevenueCat administers entitlement status for ZenThoughts, but Apple remains the payment provider and keeps the underlying App Store transaction records.

Manage or cancel a subscription through Apple subscription settings. Cancellation stops future renewal but normally does not end access before the current paid period expires. Refund eligibility and processing are controlled by Apple and mandatory law; use Apple Support to request a refund where available.

Deleting your ZenThoughts account or the app does not cancel an Apple subscription. If you delete your account immediately, you may lose account-dependent access while Apple billing continues. Cancel an unwanted subscription separately before account deletion.

9. Third-Party Services

ZenThoughts uses or interacts with Apple, Google, DigitalOcean, Apple Push Notification service, PostHog, and RevenueCat as described in the Privacy Policy. Third-party services, authentication, networks, devices, App Store billing, and external links are governed by applicable third-party terms and privacy policies.

You must comply with applicable third-party agreements when using ZenThoughts, including Apple Media Services terms and your network or data-service agreement. The Developer does not control independent third-party services and is not responsible for their separate content, availability, or conduct, except to the extent applicable law makes the Developer responsible for selecting, instructing, or overseeing a provider or otherwise prohibits that limitation.

10. Wellness and Emergency Disclaimer

ZenThoughts provides affirmations, meditation, reminders, and related general wellness and informational features. It is not a medical, mental-health, psychotherapy, diagnostic, treatment, legal, crisis-response, or emergency service. It does not provide professional advice and does not replace care from a qualified professional.

Do not rely on ZenThoughts to diagnose or treat a condition or to prevent harm. Results vary, and no specific health, wellness, emotional, or behavioral outcome is promised.

If you believe you or another person may be in danger, may harm yourself or someone else, or requires urgent help, contact local emergency services or an appropriate qualified professional immediately. Do not wait for a response from ZenThoughts.

11. Intellectual Property

ZenThoughts, its software, design, brand, logos, Developer-supplied text and media, and all related intellectual-property rights belong to the Developer or applicable licensors. These Terms grant only the limited license in Section 4.

Your ownership of User Content remains governed by Section 6. Third-party content remains owned by its respective rights holder and may be subject to additional terms.

12. Maintenance, Support, Warranties, and Product Claims

The Developer, not Apple, is responsible for maintenance and support for ZenThoughts as required by these Terms or applicable law. Apple has no obligation to provide maintenance or support for the app. Questions and support requests may be sent to the contact in Section 23.

The Developer is responsible for any app warranties that cannot lawfully be disclaimed. If ZenThoughts fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price for the app, if any, as required by Apple’s minimum EULA terms. To the maximum extent permitted by law, Apple has no other warranty obligation for ZenThoughts. Other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty are the Developer’s responsibility to the extent required by law.

The Developer, not Apple, is responsible for addressing claims relating to ZenThoughts or your possession or use of it, including product-liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer-protection, privacy, or similar law. Nothing in these Terms limits that responsibility beyond what applicable law permits.

13. Intellectual Property Claims

If a third party claims that ZenThoughts or your possession or use of it infringes that party’s intellectual-property rights, the Developer, not Apple, is responsible for investigating, defending, settling, and discharging the claim to the extent required by Apple’s minimum EULA terms and applicable law.

You represent and warrant that you are not located in a country or region subject to a United States Government embargo or designated by the United States Government as supporting terrorism, and that you are not listed on a United States Government list of prohibited or restricted parties.

You must comply with export controls, sanctions, and other laws applicable to your use of ZenThoughts.

15. Disclaimer of Warranties

To the fullest extent permitted by applicable law, ZenThoughts is provided “as is” and “as available.” The Developer disclaims implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement where those warranties may lawfully be disclaimed.

The Developer does not promise uninterrupted, error-free, or permanently available service; preservation of every item of User Content; compatibility with every device or future operating-system version; the accuracy of User Content or independent third-party content; or a particular wellness outcome.

Mandatory consumer guarantees, statutory warranties, and remedies that cannot lawfully be excluded remain available.

16. Limitation of Liability

To the fullest extent permitted by applicable law, the Developer is not liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for lost profit, revenue, opportunity, goodwill, or data, arising from or relating to ZenThoughts, these Terms, User Content, or third-party services, even if the possibility was known.

To the fullest extent permitted by applicable law, the Developer’s total aggregate direct liability arising out of or relating to ZenThoughts or these Terms will not exceed the subscription fees you actually paid for ZenThoughts during the 12 months immediately preceding the event giving rise to the claim. This is a single aggregate cap for all related claims and contains no minimum monetary floor.

These exclusions and limits do not apply to mandatory consumer remedies; fraud; willful misconduct; gross negligence; death or personal injury caused by negligence; breach of a duty or data-protection right that cannot lawfully be limited; or any other liability that applicable law does not permit the Developer to exclude or limit. If your jurisdiction does not allow a particular exclusion or limit, it applies only to the maximum extent permitted there.

17. User Responsibility and Indemnity

You are responsible for loss directly caused by your unlawful User Content, intentional misuse of ZenThoughts, or material violation of these Terms.

To the extent permitted by mandatory local law, you agree to indemnify and hold the Developer harmless from a third-party claim, damage, or reasonable cost directly resulting from User Content you had no right to submit or from your intentional unlawful use of the service. This obligation does not cover the Developer’s own breach, negligence, willful misconduct, non-excludable statutory duty, or a matter for which applicable consumer law prohibits indemnity.

Nothing in this section transfers the Developer’s statutory privacy, security, moderation, product, or consumer-protection duties to you.

18. Termination Effects

You may stop using ZenThoughts at any time and may delete your account through the in-app account settings. Account deletion is permanent, subject to limited lawful retention described in the Privacy Policy.

When these Terms or your account terminate, your license and right to access account-dependent services end. Sections concerning intellectual property, accrued payment obligations, User Content needed for lawful retention, disclaimers, liability, disputes, and other provisions intended by their nature to survive will remain effective.

Termination or account deletion does not cancel an Apple subscription. You must cancel it separately through Apple. Refunds are available only when required by Apple’s rules or applicable law.

19. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Lithuania, without regard to conflict-of-law rules, except where mandatory law requires otherwise.

If you are a consumer, this choice does not deprive you of mandatory protections provided by the law of your country of habitual residence. You may bring a claim in any court or use any dispute mechanism that mandatory local consumer law makes available. The Developer may not require you to waive a forum, remedy, or right that applicable law guarantees.

Before filing a claim, you and the Developer are encouraged, but not required where law provides otherwise, to contact one another and attempt a good-faith resolution.

20. Changes

The Developer may update these Terms to reflect app, subscription, provider, legal, security, or business changes. The updated Terms will show a new effective date and version.

Material changes will receive clear notice. Renewed clickwrap acceptance will be requested when legally or contractually required. Changes do not retroactively remove accrued rights or obligations unless applicable law permits and the updated Terms clearly say so.

21. General Terms

If a provision is invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue in effect. Delay in enforcing a provision is not a waiver.

You may not assign or transfer these Terms or your account without the Developer’s written consent. The Developer may assign these Terms in connection with a lawful transfer of the service, subject to applicable notice, privacy, and consumer-protection requirements.

These Terms, the applicable purchase disclosures, and any terms expressly incorporated into them form the agreement concerning your use of ZenThoughts. The Privacy Policy remains a notice about data processing and does not convert consent into a contractual waiver.

22. Apple as Third-Party Beneficiary

You and the Developer acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA. After you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce this EULA against you as a third-party beneficiary.

Except for this Section 22 and the rights expressly stated in Apple’s minimum EULA terms, these Terms do not create enforcement rights for another third party.

23. Contact

Questions, complaints, or claims about ZenThoughts or this EULA may be directed to:

Privacy questions and privacy-rights requests may instead be sent to zenthoughtsapp@gmail.com.