Terms of Service

You must be at least 13 years of age to use the Service. If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into a binding agreement. We do not knowingly collect personal information from children under 13. If we learn that we have collected information from a child under 13 without verifiable parental consent, we will promptly delete that information. If you believe we may have collected information from a child under 13, please contact us at francisco@fernara.com.

You must register for an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at francisco@fernara.com if you become aware of any unauthorized use of your account. Fernara is not liable for any loss or damage arising from your failure to safeguard your credentials.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including for violation of these Terms or for any conduct we determine to be harmful to the Service, other users, or third parties.

FERNARA IS A HABIT-TRACKING AND PERSONAL DEVELOPMENT APPLICATION. IT IS NOT A MEDICAL DEVICE, CLINICAL TOOL, MENTAL HEALTH SERVICE, OR SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, NUTRITIONAL, OR ANY OTHER LICENSED PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.

Nothing in the Service, including but not limited to any habit suggestions, challenge content, social interactions, motivational messaging, or communications with the AI support coach ("Fern"), constitutes medical, mental health, therapeutic, or professional advice of any kind. The Service does not establish a doctor-patient, therapist-client, or any other professional relationship between Fernara and any user.

You acknowledge that building or breaking habits, participating in physical or behavioral challenges, and using gamification and social accountability features may have emotional and psychological effects. If you have or suspect you have any medical condition, mental health condition, eating disorder, exercise addiction, substance dependency, or any other health concern, you should consult a qualified healthcare professional before using the Service.

FERNARA EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY PHYSICAL, PSYCHOLOGICAL, EMOTIONAL, OR HEALTH-RELATED HARM ARISING FROM YOUR USE OF THE SERVICE OR YOUR RELIANCE ON ANY CONTENT OR FEATURE THEREIN.

Fernara offers a premium AI-powered support coach named "Fern," powered by a third-party large language model. You expressly acknowledge and agree that:

• Fern is not a licensed therapist, psychologist, counselor, life coach, physician, or any other certified professional.
• Fern's responses are generated by automated AI and may be inaccurate, incomplete, outdated, or inappropriate for your specific circumstances.
• Interactions with Fern are not confidential in the manner of a licensed professional relationship and are subject to our Privacy Policy.
• Fern should never be used as a substitute for emergency services. If you are experiencing a mental health crisis, thoughts of self-harm, or any emergency, please contact emergency services (911 in the US) or a crisis hotline immediately.

Fernara is not liable for any actions taken or not taken based on Fern's responses or any other AI-generated content within the Service.

Certain features of the Service are available only to users with an active premium subscription ("Premium"). By purchasing a Premium subscription, you agree to the following:

• Subscriptions are billed on a recurring basis (monthly) through the applicable app store platform (Apple App Store or Google Play Store) at the price displayed at the time of purchase.
• Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date through your app store account settings.
• Free trials, if offered, automatically convert to a paid subscription at the end of the trial period unless cancelled before expiry.
• All billing and payment processing is handled exclusively by Apple or Google. Fernara does not store your payment information. All billing disputes, refunds, and cancellations are governed by the applicable platform's terms and refund policies.
• Fernara reserves the right to modify subscription pricing at any time with reasonable notice. Continued use of Premium after a price change constitutes acceptance of the new price.
• Subscriptions are non-transferable and tied to your individual account.

FERNARA DOES NOT ISSUE REFUNDS FOR PARTIAL SUBSCRIPTION PERIODS, UNUSED FEATURES, OR CANCELLATIONS EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS PROVIDED BY THE APPLICABLE APP STORE PLATFORM.

The Service includes a virtual currency ("Diamonds") and virtual items (including but not limited to XP Boosts, Streak Shields, Streak Recoveries, and Mystery Boxes). You acknowledge and agree that:

• Diamonds and virtual items have no real-world monetary value and cannot be exchanged for cash, goods, or services outside the Service.
• Virtual items are non-transferable and may not be sold, traded, gifted, or transferred between users except where explicitly permitted by the Service.
• All purchases of virtual items are final and non-refundable to the maximum extent permitted by applicable law.
• Fernara reserves the right to modify, limit, suspend, or discontinue virtual items or the Diamonds system at any time without liability to you.
• Upon termination of your account, all virtual currency and items are forfeited without compensation.

Experience Points (XP), levels, streaks, and all other gamification metrics are for entertainment and motivational purposes only and have no monetary value.

The Service allows you to submit, post, share, or transmit content including text, images, habit data, challenge logs, club posts, comments, messages, proof photos, and other materials (collectively, "User Content"). You retain ownership of your User Content. By submitting User Content to the Service, you grant Fernara a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, distribute, and display your User Content solely for the purposes of operating, providing, and improving the Service.

You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe any third-party intellectual property, privacy, or other rights; and (c) your User Content complies with these Terms and all applicable laws.

Fernara is not responsible for User Content submitted by other users. You access User Content from other users at your own risk. Fernara does not endorse, verify, or guarantee the accuracy of any User Content.

We reserve the right, but have no obligation, to monitor, edit, remove, or refuse any User Content that violates these Terms, is unlawful, harmful, defamatory, harassing, obscene, or otherwise objectionable, at our sole discretion and without notice.

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Harass, bully, intimidate, threaten, stalk, abuse, or harm any other user or person.
• Post or transmit content that is unlawful, defamatory, obscene, pornographic, invasive of privacy, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Post spam, unsolicited commercial messages, or engage in pyramid schemes or other fraudulent activity.
• Interfere with, disrupt, or damage the Service, its servers, or networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks.
• Collect or harvest any personal data about other users without their express consent.
• Use the Service in any manner that could harm minors.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use automated means (bots, scrapers, crawlers) to access, collect, or interact with the Service.

Violation of this section may result in immediate account suspension or termination without notice and without liability to Fernara.

Fernara provides community features including clubs, group challenges, accountability partnerships, a social feed, and direct messaging. You acknowledge and agree that:

• Fernara does not screen or verify the identity, qualifications, or intentions of other users. You interact with other users entirely at your own risk.
• Fernara is not responsible for any interactions, disputes, or conflicts between users, including those arising from accountability partnerships, club membership, or challenge participation.
• Clubs, challenges, and community content are user-created. Fernara does not endorse any club, challenge, or content created or managed by users.
• Participating in physical, dietary, behavioral, or wellness challenges involves inherent risks. You participate in all challenges entirely at your own risk and should consult a qualified professional before undertaking any challenge that may affect your health.
• Fernara is not liable for any injury, harm, loss, or damage resulting from your participation in any challenge, club activity, or accountability arrangement.

The Service may incorporate third-party video and audio calling technology (including Daily.co). Video and audio calls facilitated through the Service are processed by third-party providers and are subject to their respective terms and privacy policies. Fernara has no control over, and is not responsible for, the security, reliability, or content of third-party communications services. You use any video or audio calling features entirely at your own risk.

The Service relies on and may link to third-party services including but not limited to Supabase (infrastructure), RevenueCat (subscription management), Apple App Store, Google Play Store, OpenAI (AI features), Google OAuth (authentication), and Expo (platform services). These third-party services are governed by their own terms and privacy policies. Fernara is not responsible for the practices, availability, accuracy, or content of any third-party service. Your use of third-party services is at your own risk.

The Service and all of its content, features, and functionality (excluding User Content), including but not limited to the Fernara name, logo, design, text, graphics, software, and code, are owned by Fernara or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our prior written consent.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

FERNARA DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION, ERROR, OR DEFECT; (B) ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT; (C) THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E) ANY DEFECTS WILL BE CORRECTED.

FERNARA MAKES NO WARRANTY REGARDING ANY OUTCOME FROM USING THE SERVICE, INCLUDING BUT NOT LIMITED TO IMPROVEMENTS IN HEALTH, HABITS, PRODUCTIVITY, WELLNESS, MENTAL HEALTH, FITNESS, FINANCES, OR ANY OTHER PERSONAL GOAL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERNARA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF FERNARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, FERNARA IS NOT LIABLE FOR: (A) ANY HARM TO YOUR PHYSICAL OR MENTAL HEALTH ARISING FROM USE OF THE SERVICE; (B) YOUR RELIANCE ON ANY AI-GENERATED CONTENT OR FEATURE; (C) ACTIONS OR OMISSIONS OF OTHER USERS, INCLUDING THROUGH CLUBS, CHALLENGES, ACCOUNTABILITY PARTNERSHIPS, MESSAGES, OR THE SOCIAL FEED; (D) DATA LOSS OR CORRUPTION; (E) SERVICE INTERRUPTIONS, BUGS, OR ERRORS; (F) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA; (G) DECISIONS YOU MAKE BASED ON CONTENT OR FEATURES IN THE SERVICE.

IN JURISDICTIONS WHERE LIMITATIONS ON LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARE NOT PERMITTED, FERNARA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL OTHER CASES, FERNARA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO FERNARA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS (USD $100).

You agree to defend, indemnify, and hold harmless Fernara and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your use of or inability to use the Service; (b) your violation of these Terms; (c) your User Content; (d) your violation of any third-party rights, including intellectual property or privacy rights; or (e) any harm caused by you to another user or third party in connection with the Service.

You may close your account at any time through the account settings. Upon account deletion, your profile and associated data will be deleted in accordance with our Privacy Policy, subject to legal retention requirements and legitimate business purposes.

Fernara reserves the right to suspend or terminate your account, or your access to any part of the Service, at any time and for any reason, including but not limited to violation of these Terms, at our sole discretion, with or without notice, and without liability to you. Upon termination, your right to use the Service ceases immediately. Any pending or unused virtual currency, virtual items, or premium subscription time remaining at termination for cause will be forfeited without compensation.

Fernara reserves the right to modify, suspend, or discontinue the Service or any feature thereof at any time, with or without notice, without liability to you.

These Terms shall be governed by and construed in accordance with applicable law. Any dispute arising from or relating to these Terms or the Service that cannot be resolved informally shall first be attempted through good-faith negotiation. You agree to contact Fernara at francisco@fernara.com before initiating any formal legal proceedings. If a dispute cannot be resolved within 30 days of such notice, either party may pursue available legal remedies.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST FERNARA.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the Service or by email. Your continued use of the Service after such notification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may close your account.

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Fernara regarding the Service and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Fernara.

By providing your phone number during account registration, you consent to receive automated SMS messages from Fernara for account verification purposes only. Message and data rates may apply. You will receive a one-time verification code each time you sign up or log in. Fernara does not send marketing messages via SMS. You can stop receiving verification messages by not initiating a sign-up or login request. For help, contact francisco@fernara.com. Reply STOP to any verification message to opt out of future messages.

For questions, concerns, or legal notices regarding these Terms, please contact us at:

Fernara
Email: francisco@fernara.com