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Terms of Use

Last updated: January 19, 2026

1. Company Identity & Contact

Aery is published by:

  • Legal Entity: Eversince
  • Registered Address: 44 C Rue François Coillard, 18000 Bourges, France
  • SIREN/SIRET: 999 875 461
  • Email: aery@eversince.io

Support hours: Monday–Friday, 9:00–18:00 CET (excluding French public holidays).

2. Acceptance of Terms

By downloading, installing, or using Aery ("the App"), you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the App.

3. Age & Eligibility

Aery is for a general audience and not primarily aimed at children. Users under 16 should only use the app with a parent or guardian’s permission. Where local law requires parental consent for younger users, we follow that rule.

By using the App, you represent and warrant that you meet these eligibility requirements.

4. Description of Service

Aery is a wellness application designed to help users with relaxation and focus. The App stores all user preferences and settings locally on your device. We do not require account creation.

5. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on a device that you own or control.

6. Restrictions

You agree not to:

  • Copy, modify, or distribute the App or its content
  • Reverse engineer, decompile, or disassemble the App
  • Remove or alter any proprietary notices or labels
  • Use the App for any unlawful purpose
  • Attempt to gain unauthorized access to any part of the App

7. Health & Wellness Disclaimer

Aery is designed for general wellness purposes only. The App is not intended to diagnose, treat, cure, or prevent any medical condition. It is not a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you are experiencing a mental health crisis, please contact emergency services or a mental health professional immediately.

EU Consumer Rights: This disclaimer does not affect your statutory consumer rights or legal guarantees under EU/French law, which remain unaffected.

8. Intellectual Property

The App and all its content, features, and functionality (including but not limited to design, text, graphics, logos, icons, images, audio clips, and software) are owned by Eversince and are protected by international copyright, trademark, and other intellectual property laws.

IP Infringement Claims

If you believe that any content in the App infringes your intellectual property rights, please contact us at aery@eversince.io with a detailed description of the alleged infringement, including identification of the copyrighted work, the infringing material, and your contact information. We will investigate and respond appropriately.

9. Digital Content & Consumer Rights (EU)

Under the EU Digital Content Directive (2019/770), you are entitled to digital content that conforms to the contract. If the App does not conform, you may be entitled to have the App brought into conformity, receive a proportionate price reduction, or terminate the contract.

Conformity: We will provide the App as described and ensure it remains functional and updated as necessary for its intended use during your active subscription period.

Remedies: If the App fails to conform, please contact us at aery@eversince.io. We will work to repair or replace the non-conforming digital content. If this is not possible or disproportionate, you may be entitled to a price reduction or refund.

Updates: We will provide updates to maintain conformity and improve functionality. Updates will be provided for the duration of your subscription and for a reasonable period thereafter based on the type and purpose of the App.

Your statutory consumer rights remain unaffected.

10. Pricing, Subscriptions & Right of Withdrawal

Subscription Plans

Aery offers premium features through the following subscription options:

  • Monthly Subscription: Billed monthly; auto-renews until cancelled.
  • Yearly Subscription: Billed annually; includes a 3-day free trial for new subscribers; auto-renews until cancelled.

Current pricing is displayed in the App and on the App Store and may vary by region. Prices include applicable taxes where required.

Free Trial

The yearly subscription includes a 3-day free trial. You will not be charged during the trial. If you do not cancel at least 24 hours before the trial ends, your subscription will automatically convert to a paid yearly subscription and your payment method will be charged.

Billing & Renewal

Payment is charged to your Apple ID account at confirmation of purchase (or at the end of the free trial, if applicable). Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account may be charged for renewal within 24 hours prior to the end of the current period.

Manage & Cancel

You can manage or cancel your subscription at any time in Settings → [your name] → Subscriptions on your device. Cancellation takes effect at the end of the current billing period; you will retain access to premium features until then. Deleting the App does not cancel your subscription.

Price Changes

If the subscription price changes, Apple will notify you. Price increases may require your consent; if you do not consent, your subscription will not renew at the new price.

Refunds

Refunds for purchases made through the App Store are processed by Apple in accordance with App Store policies. If you would like assistance with a refund request, contact us at aery@eversince.io. Access continues until the end of the paid period; partial or prorated refunds are not provided unless required by law or Apple policy.

Right of Withdrawal (EU/EEA)

Consumers in the EU/EEA generally have a 14-day right of withdrawal for digital content. When you start a paid subscription during the withdrawal period, you request and consent to immediate performance and acknowledge that your right of withdrawal may be lost once access to the digital content begins. You can avoid charges by cancelling your free trial at least 24 hours before it ends. This does not affect your statutory rights under applicable consumer law.

If you believe you are entitled to a refund or other remedy under consumer protection laws, please contact us at aery@eversince.io and we will assist you.

11. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

EU Consumer Rights: This disclaimer does not affect your statutory rights under the EU Digital Content Directive, Consumer Rights Directive, or French consumer protection law. Legal guarantees of conformity remain fully applicable.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Eversince shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the App.

Exclusions: Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Gross negligence or willful misconduct
  • Any liability that cannot be excluded or limited under applicable law, including non-waivable consumer rights under EU/French law

13. Termination

By You: You may terminate this agreement at any time by deleting the App from your device.

By Us: We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Effect of Termination: Upon termination, your right to use the App will cease immediately. All locally stored data will remain on your device until you delete it.

Survival: Sections relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Governing Law, and Dispute Resolution shall survive termination.

14. App Store Terms & Apple EULA

Your use of the App is also subject to the terms and conditions of the Apple App Store. These Terms supplement Apple's Licensed Application End User License Agreement (EULA).

Apple as Third-Party Beneficiary: You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you.

Maintenance & Support: We, Eversince, are solely responsible for providing maintenance and support for the App. Apple has no obligation to provide any maintenance or support services.

Warranty & Liability: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

15. Export Control & Sanctions

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or sanctioned by the European Union, and that you are not on any U.S. or EU denied party lists. You agree to comply with all applicable export control laws and regulations in your use of the App.

16. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will notify you via an in-app notification or, if we have your email, by email at least 14 days before the changes take effect.

Changes may take effect immediately for new features, security updates, or where required by law.

Your continued use of the App after any changes constitutes acceptance of the new Terms. If you do not agree, you should stop using the App.

17. Governing Law & Dispute Resolution

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

Jurisdiction: Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Paris, France, subject to your mandatory consumer forum rights if you are an EU consumer.

EU Online Dispute Resolution: If you are a consumer in the European Union, you may also use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

18. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eversince regarding the App.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Assignment: We may assign or transfer our rights and obligations under these Terms without your consent. You may not assign your rights under these Terms.

No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

Language: These Terms are provided in English. In case of any conflict between the English version and any translation, the English version shall prevail.

19. Contact Us

If you have any questions about these Terms, please contact us at: aery@eversince.io

Response time: We aim to respond within 5 business days.