Welcome to Affectly, a product of Origae ("Affectly," "we," "our," or "us"). Please read these Terms of Service ("Terms") carefully before using our emotion-aware learning platform (the "Service"). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy.

Key points, in plain English

This summary is for convenience only and does not form part of the contract. If anything conflicts, the full Terms below apply.

You must be 16 or older to use Affectly, and 18+ (or have a guardian's consent) to pay for it.
Affectly is an educational tool — it is not medical, mental-health, therapy, or crisis support. In a crisis, contact your local emergency services.
AI-generated content can be wrong; use your own judgement and don't rely on it for important decisions.
You keep ownership of what you create; you give us a licence to run and improve the Service.
Nothing here removes the consumer rights you have under the law of your country.
Questions? Email origae.dev@gmail.com.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

We may modify these Terms from time to time. For material changes, we will provide reasonable notice (for example, by email or in-app notice) and, where required by law, seek your agreement before the changes apply to you. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

2. Eligibility and Age Requirements

The Service is intended for a general audience and is not directed to children. To use the Service:

You must be at least 16 years old to register for or use the Service; and
Use of the Service by anyone under the age of 16 is strictly prohibited.

To purchase a subscription or make any payment, you must be at least 18 or have the consent of a parent or legal guardian who accepts responsibility for the transaction. By using the Service you represent that you meet these requirements. We may suspend or terminate accounts that do not.

3. Description of Service

Affectly is an emotion-aware learning platform that adapts educational content based on the mood you share and how you prefer to learn. It includes AI-assisted tutoring, courses, flashcards, and progress tracking. We may modify, suspend, or discontinue any part of the Service at any time.

4. Not Medical, Mental-Health, or Crisis Support

Affectly is an educational tool. It is not a medical device and does not provide medical, psychological, therapeutic, counseling, diagnostic, or crisis services, and it is not a substitute for advice from a qualified professional.

Ari and other AI features may reference emotions to adapt lessons, but they do not assess, diagnose, or treat any condition. Nothing in the Service should be relied on for health decisions. If you are in crisis or may be at risk of harm, do not use the Service for help — contact your local emergency services or a crisis helpline immediately. You use the Service's emotion features at your own discretion.

5. User Accounts

To access certain features, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and update your information as needed
Keep your password secure and confidential
Accept responsibility for activity under your account
Notify us immediately of any unauthorized access

We may suspend or terminate accounts that breach these Terms, that we reasonably believe pose a security or legal risk, or as otherwise permitted by law. Where required, we will give notice and a chance to remedy.

6. Subscriptions, Payments & Refunds

Affectly offers free features and optional paid subscriptions ("Premium"). Prices are shown before purchase. Subscriptions renew automatically for the stated period unless cancelled before the renewal date.

Apple in-app purchases: purchases and renewals made through the App Store are billed by Apple, and cancellations and refunds are managed through your Apple account per Apple's policies.
Web purchases: purchases made on our website are billed by our payment processor; you can cancel from your account settings, effective at the end of the current billing period.
Statutory withdrawal rights: if you are a consumer in the UK or EEA, you may have a 14-day right to cancel; where you ask us to start a digital service immediately, you acknowledge you may lose that right once the service has been fully provided, to the extent permitted by law. Nothing here limits mandatory consumer refund rights.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all content, features, software, algorithms, methodologies, designs, graphics, logos, and trademarks, is owned by Origae or its licensors and protected by intellectual property laws. Our emotion-aware learning technology and methodologies are confidential and proprietary.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial educational purposes. You may not:

Modify, copy, or create derivative works
Reverse engineer, decompile, or disassemble the Service, except to the extent this restriction is prohibited by law
Remove or alter proprietary notices
Use the Service commercially without authorization
Transfer your rights to any third party

8. User Content

You retain ownership of content you submit. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display it solely to operate and improve the Service. You represent that your content does not violate any third-party rights or applicable laws.

9. Prohibited Uses

You agree not to:

Use the Service for any unlawful purpose or in violation of any law
Use or attempt to use the Service to contact, harm, exploit, or attempt to harm any minor
Infringe the intellectual property or privacy rights of others
Transmit malware or harmful code
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Service
Scrape, harvest, or collect data from the Service without permission
Use automated systems or bots without permission
Impersonate others or provide false information
Restrict or inhibit others' use of the Service

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT.

Educational and AI-generated content is for general informational purposes only, may contain errors, and is not professional advice. We make no guarantee about learning outcomes. This section does not exclude any warranty or guarantee that cannot be excluded under applicable law (see Section 13).

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFFECTLY, ORIGAE, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR ONE HUNDRED DOLLARS ($100).

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

12. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Affectly and Origae and their officers, directors, employees, agents, affiliates, and licensors from claims, damages, losses, liabilities, and reasonable legal costs arising from your unlawful use of the Service, your breach of these Terms, your violation of third-party rights, or your content. This section does not apply to the extent a claim results from our own breach or negligence, and does not override mandatory consumer protections.

13. Your Consumer Rights (Not Excluded)

If you are a consumer, you have statutory rights that cannot be excluded, restricted, or modified by these Terms, and nothing in these Terms affects those rights. These include, as applicable:

Australia: consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
United Kingdom: rights under the Consumer Rights Act 2015.
EEA / Ireland: mandatory consumer-protection rights under EU and national law.
New Zealand: the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
Canada & South Africa: applicable national and provincial consumer-protection law.

Where a consumer guarantee applies and cannot be excluded, our liability is limited (where the law allows) to re-supplying the Service or paying the cost of re-supply.

14. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law rules. If you are a consumer, this does not deprive you of the protection of the mandatory laws of your country of residence, and you may bring proceedings in the courts of your country of residence where the law gives you that right. For all other users, the courts of New South Wales, Australia have exclusive jurisdiction.

Informal resolution: before starting formal proceedings, please contact us at origae.dev@gmail.com so we can try to resolve the matter within 30 days.

Arbitration and class-action waiver (where enforceable): to the extent permitted by applicable law and except where prohibited for consumers, disputes not resolved informally may be resolved by binding individual arbitration, and you and we waive any right to a class action or class-wide arbitration. This paragraph does not apply where it is unenforceable or where mandatory law gives you the right to bring a claim in court (including small-claims court) or to participate in collective redress; in those cases your local rights prevail.

15. Apple App Store Terms

If you obtained the Affectly app through the Apple App Store, the following applies: these Terms are between you and Origae only, not Apple; Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support. To the maximum extent permitted by law, Apple has no warranty obligation, and any claims relating to the app (including product-liability, legal, or regulatory claims, and third-party intellectual-property claims) are our responsibility, not Apple's, as set out in these Terms. You must comply with the App Store Terms of Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Termination

We may suspend or terminate your access for breach of these Terms or as otherwise permitted by law. Upon termination, your right to use the Service ceases. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, consumer rights, and dispute resolution survive termination.

17. General

If any provision is found unenforceable, the remaining provisions continue in effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer. These Terms, together with our Privacy Policy and Copyright Notice, are the entire agreement between you and us regarding the Service.

18. Contact Information

For questions about these Terms, contact:

Origae (Affectly)
329/98-100 Elizabeth Street
Melbourne, VIC 3000, Australia
Email: origae.dev@gmail.com