End-User Licence Agreement

1. This Agreement

1.1 Parties and Apple's Role

This agreement is made between you ("the user" or "you") and 360milieu Creatives Ltd ("we", "us", or "Nesra"). Apple Inc. ("Apple") is not a party to this agreement and has no responsibility for the Nesra app or its content.

1.2 Licence Grant

We grant you a personal, non-exclusive, non-transferable, revocable licence to download, install, and use the Nesra app ("the app") on any Apple-branded device that you own or control, strictly for your personal, non-commercial purposes, subject to the terms of this agreement and the App Store Rules.

This licence:

• starts when you download the app;
• covers the app itself, all content and materials accessible within the app, any in-app features or services, and all updates unless they come with separate terms (in which case we will give you an opportunity to review and accept those terms);
• is only for you personally and cannot be transferred to anyone else; and
• is not for business use.

1.3 Family Sharing

The app may be accessed, used, or downloaded by other accounts associated with you through Apple's Family Sharing service in accordance with the App Store Rules.

1.4 App Store Rules

You must comply with the Apple Media Services Terms and Conditions ("App Store Rules") as well as this agreement. Where there is any conflict between them, the App Store Rules prevail.

1.5 You Do Not Own the App

You do not own the app or any of its content. All intellectual property rights remain with us or our licensors. Your right to use the app is limited to the licence set out in clause 1.2.

1.6 Selling or Giving Away Your Device

If you sell or give away a device on which you have downloaded the app, you must first remove the app from the device.

1.7 Licence Restrictions

You must not:

• modify, adapt, translate, copy, or create derivative works based on the app or any part of it;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the app (save to the limited extent permitted by section 50B of the Copyright, Designs and Patents Act 1988, which cannot be excluded by contract);
• deliberately circumvent or interfere with any security, access control, or digital rights management features;
• remove or alter any proprietary notices or labels on the app;
• use the app to provide services to third parties on a commercial basis; or
• represent the app as your own product or distribute it to others.

2. Technical Requirements

To use the app, your device must meet the following minimum technical requirements. Using the app on a device that does not meet these requirements may result in reduced functionality or unavailability of certain features.

3. Support and Contact

3.1 Our Responsibility for Support

We are solely responsible for providing customer service and technical support for the app. Apple has no obligation to provide any maintenance or support services in relation to the app.

3.2 How to Contact Us

If you have questions, complaints, or requests relating to this agreement or the app, please contact us using the following details:

We aim to respond to all enquiries within 5 business days. If you need to contact us in writing, we will respond by email or by post.

3.3 Our Contact with You

We will contact you by email or by in-app notification. Please ensure that your contact email address is kept up to date in your account settings.

4. Important: Mental Health and Medical Disclaimer

Do not use the app in an emergency. If you are experiencing a mental health crisis, thoughts of self-harm, or any other medical emergency, please contact one of the following immediately:

• Samaritans: 116 123 (free, available 24 hours a day, 7 days a week)
• Crisis Text Line: Text SHOUT to 85258 (free, available 24/7)
• NHS urgent mental health support: Call 111 and select option 2
• Emergency services: Call 999

Always seek the advice of a qualified health professional with any questions you may have regarding a medical or mental health condition. Never disregard professional medical advice, or delay seeking it, because of anything you have read or experienced through the app.

5. Privacy and Your Personal Data

Protecting your personal information is important to us. Our Privacy Policy explains what personal data we collect, how and why we use it, how we keep it secure, and your rights in relation to it. The Privacy Policy forms part of this agreement.

You should read our Privacy Policy, which is available at www.nesra.co.uk/legal/privacy before using the app.

By using the app, you acknowledge that you have read and understood our Privacy Policy.

6. Acceptable Use

6.1 Acceptable Use Policy

Your use of the app is subject to our Acceptable Use Policy, which is available at https://www.nesra.co.uk/legal/aup and is incorporated into this agreement by reference. You must read and comply with the Acceptable Use Policy.

6.2 Key Prohibited Conduct

Without limiting the Acceptable Use Policy, you must not use the app to:

• break any applicable law or assist others to do so;
• upload, transmit, or share content that is defamatory, obscene, threatening, abusive, hateful, or that harasses or endangers any person;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• upload or transmit viruses, malware, or any other harmful or disruptive code;
• attempt to gain unauthorised access to any part of the app, its servers, or any related systems or networks;
• use any automated tool (bot, scraper, spider, or similar) to access or collect data from the app without our prior written consent;
• share content that encourages or facilitates self-harm or harm to others;
• use the AI chat feature in a manner intended to generate harmful, abusive, or illegal content; or
• circumvent the free-tier message limits or other usage restrictions through technical means.

6.3 Consequences of Breach

Breach of the Acceptable Use Policy or the prohibitions in clause 6.2 may result in suspension or termination of your account in accordance with clause 15.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All intellectual property rights in and to the app, its content, features, software, design, trade marks, and AI-generated outputs ("Nesra IP") are owned by us or our licensors. Nothing in this agreement transfers any intellectual property rights to you.

7.2 Your Content

You retain ownership of any personal content that you create or input through the app (such as journal entries, goals, and planner data).

By using the app, you grant us a limited, non-exclusive, royalty-free licence to process your content solely for the purposes of providing the app's features and services to you, as described in our Privacy Policy. We will not use your content to train AI models.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the app, you grant us a perpetual, worldwide, royalty-free licence to use that feedback for any purpose without any obligation to compensate you.

7.4 Third-Party IP Claims

If a third party claims that the app infringes its intellectual property rights, we are solely responsible for investigating, defending, settling, and discharging that claim. Apple has no obligation to investigate or defend such claims.

8. Updates to the App

We may release updates, patches, or new versions of the app from time to time. Updates may be delivered automatically through the App Store. We recommend that you keep the app updated to ensure you benefit from security fixes and new features.

If an update changes the terms that apply to your use of the app, we will give you the opportunity to review and accept the new terms before you install or use the updated version.

9. Changes to This Agreement

We may update this agreement from time to time, for example to reflect changes in law, App Store requirements, or the features of the app.

If we make material changes, we will notify you by email or by in-app notification at least 30 days before the changes take effect. Your continued use of the app after a change takes effect constitutes your acceptance of the updated terms.

If you do not agree to the updated terms, you must stop using the app and delete it from your device before the change takes effect.

10. External Services and Third-Party Links

The app may contain links to third-party websites, services, or resources that are not controlled by us. We are not responsible for the content, privacy practices, or availability of those third-party services.

Use of any third-party service is subject to that service's own terms and conditions. We encourage you to read them before using those services.

The AI features within the app use a third-party AI model provided by Rork Technologies, Inc. Details of how we use that provider and the safeguards in place are set out in our Privacy Policy.

11. Subscription Terms

11.1 Free Tier

The app is available free of charge with limited features (the "free tier"), as described in the feature comparison available at https://www.nesra.co.uk/pricing. The free tier includes up to 20 AI chat messages per day. This limit resets every 24 hours.

11.2 Premium Subscription

Additional features are available through a paid subscription ("Nesra Pro"). The current subscription price is:

Subscriptions are managed and billed through your App Store account (Apple App Store) in accordance with the App Store Rules.

11.3 Launch Offer

All new subscribers will receive 7 days' access to Nesra Pro at no charge, after which the standard monthly subscription fee will apply automatically unless you cancel.

Eligibility: "Eligible users" means individual users creating a new Nesra account for the first time. The offer is available once per person. Offer availability is subject to the applicable App Store platform rules and may be withdrawn at any time.

11.4 Free Trial Conversion

Important: Your subscription will automatically renew at the end of the free trial period unless you cancel at least 24 hours before the trial period ends. By starting a free trial, you authorise us to charge the then-current subscription price to your App Store payment method at the end of the trial unless you cancel.

11.5 Auto-Renewal

Your subscription automatically renews at the end of each billing period (monthly) unless you cancel at least 24 hours before renewal. Payment is charged to your App Store account upon confirmation of purchase and on each renewal.

11.6 Price Changes

We may change the subscription price on giving you at least 30 days' written notice. If you do not agree to the new price, you may cancel your subscription before the change takes effect.

12. Cancellation, Refunds, and Your Statutory Rights

12.1 Cancelling Your Subscription

You may cancel your subscription at any time through your Apple App Store account settings. Cancellation takes effect at the end of your current billing period. You will retain access to premium features until the end of the paid period.

12.2 Cancellation of Your Account

You may delete your account at any time from within the app settings. See clause 15 and our Privacy Policy for details of what happens to your data on account deletion.

12.3 Statutory Cancellation Right (Distance Contracts)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCR 2013"), UK consumers have the right to cancel a subscription contract within 14 days of entering into it (the "cooling-off period") without giving any reason. If you are resident outside the United Kingdom, your local consumer protection laws may provide equivalent or different cancellation rights, and nothing in this agreement affects any mandatory cancellation rights you have under the laws of your country of residence.

However: Where you expressly request that we begin providing the digital service before the end of the 14-day cooling-off period (which occurs when you download and begin using the app), you may lose your right to cancel under CCR 2013 or equivalent local legislation. By downloading and using the app, you acknowledge that you have requested immediate access and understand that this may affect your cancellation rights. This does not affect your statutory rights under the Consumer Rights Act 2015 or any applicable local consumer protection law (see clause 13).

12.4 No Refunds for Part-Used Periods

Except as required by law, we do not provide refunds for any part of an unexpired billing period after cancellation. Your statutory rights, including any remedies available under the Consumer Rights Act 2015, are not affected.

13. Our Liability to You

13.1 Digital Content Quality

Where you purchase a subscription to Nesra Pro, that service must be supplied with reasonable care and skill, and the digital content must be of satisfactory quality, fit for purpose, and as described, in accordance with Part 1 of the Consumer Rights Act 2015 (for UK users) and the equivalent provisions of any applicable local consumer protection law. If Nesra Pro does not meet these requirements, you may be entitled to a repair or replacement, or a price reduction or refund, as provided by applicable law.

13.2 Liability We Cannot Exclude

Nothing in this agreement limits or excludes our liability for: (a) death or personal injury resulting from our negligence or that of our employees or agents; (b) fraud or fraudulent misrepresentation; (c) any breach of your statutory rights under the Consumer Rights Act 2015 or any equivalent mandatory provision of applicable local consumer protection law; or (d) any other liability that cannot be limited or excluded under applicable law.

13.3 Limitation of Liability for Other Losses

To the fullest extent permitted by law:

Indirect and consequential losses: We are not responsible for any indirect or consequential losses arising out of or in connection with your use of the app, including but not limited to: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or loss of data (other than loss of data caused by our fault).

Cap on direct losses: Our total liability for direct losses arising out of or in connection with this agreement in any 12-month period is limited to the greater of: (a) the total subscription fees you paid to us in the 12 months preceding the relevant claim; or (b) £50.

13.4 Availability and Accuracy

We do not guarantee that the app will be available at all times, error-free, or free from interruption. We may suspend or withdraw the app or any features at any time for maintenance, technical, or other reasons. We will give you reasonable notice where practicable.

The AI-generated content within the app (including reflections, summaries, and mood insights) is generated automatically and may not always be accurate, complete, or appropriate to your circumstances. It should not be relied upon as professional advice.

13.5 Apple's Limited Warranty Liability

In the event that the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility, not Apple's.

14. Product Claims and Legal Compliance

14.1 Product Claims

We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your use of the app, including: (a) product liability claims; (b) claims that the app does not comply with any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

14.2 Legal Compliance

You must comply with all applicable laws and regulations in connection with your use of the app, including the laws of your country of residence. You must not use the app in any way that violates any applicable law.

15. Ending This Agreement

15.1 Termination by You

You may end this agreement at any time by deleting the app from all of your devices and, if you have an account, deleting your account in the app settings.

15.2 Termination by Us

We may suspend or terminate your access to the app (with or without notice, depending on the circumstances) if:

• Serious breach: you materially breach this agreement or the Acceptable Use Policy and the breach is incapable of remedy, or you fail to remedy a remediable breach within 14 days of us notifying you of it;
• Harmful use: we reasonably believe that your continued use of the app poses a risk of harm to yourself, other users, or third parties;
• Legal requirement: we are required to do so by law or court order; or
• Service discontinuation: we decide to discontinue the app, in which case we will give you at least 30 days' written notice and will not charge you for any remaining period in your current billing cycle.

15.3 Consequences of Termination

On termination of this agreement for any reason:

• the licence granted under clause 1.2 will immediately end and you must stop using and delete the app;
• your subscription (if any) will be cancelled at the end of the current billing period (or immediately in the case of termination for serious breach);
• we will handle your personal data in accordance with our Privacy Policy and your rights under UK GDPR; and
• clauses 7 (intellectual property), 13 (liability), 17 (governing law), and 18 (general provisions) will survive termination.

16. Prohibited Territories and Persons

This app is available worldwide. Where local laws restrict or prohibit the use of apps of this type, you are responsible for determining whether it is lawful for you to use the app in your jurisdiction. We make no representation that the app complies with the laws of any particular country outside of England and Wales, and it is your responsibility to ensure compliance with local laws before using it.

You must not use the app if you are subject to UK, EU, or US export controls or sanctions, or if you are located in a country or territory that is subject to comprehensive sanctions administered by HM Treasury's Office of Financial Sanctions Implementation (OFSI) or the US Office of Foreign Assets Control (OFAC).

17. Third Parties

17.1 No Third-Party Rights

Except as set out in clause 17.2, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

17.2 Apple as Third-Party Beneficiary

Apple is a third-party beneficiary of this agreement and, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof.

18. Transferring This Agreement

You may not transfer, assign, or sub-licence your rights under this agreement to any other person. We may transfer our rights and obligations under this agreement to another organisation, for example in the event of a merger or acquisition, provided that your rights under this agreement are not materially affected. We will notify you if this happens.

19. Governing Law and Jurisdiction

This agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes) are governed by and construed in accordance with the law of England and Wales.

Any dispute between us will be subject to the exclusive jurisdiction of the courts of England and Wales, except that:

• if you are a consumer resident in Scotland, you may bring proceedings in Scotland; and
• if you are a consumer resident in Northern Ireland, you may bring proceedings in Northern Ireland; and
• if you are a consumer resident outside the United Kingdom, you may bring proceedings under the mandatory consumer protection laws of your country of residence, and the choice of English law does not deprive you of any protection afforded by provisions of your local law that cannot be derogated from by agreement.

Nothing in this clause affects your statutory rights as a consumer, including the right to bring claims in your local courts under applicable local law.

20. General Provisions

20.1 Entire Agreement

This agreement, together with our Privacy Policy and Acceptable Use Policy, constitutes the entire agreement between you and us in relation to the app and supersedes all prior agreements and understandings relating to the same subject matter.

20.2 Severability

If any provision of this agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this agreement continues in full force and effect.

20.3 Waiver

Failure or delay by us to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. A waiver of any right or remedy must be in writing and signed by us to be effective.

20.4 Language

This agreement is written in English. If this agreement is translated into any other language, the English-language version prevails.

20.5 Consumer Rights Preserved

Nothing in this agreement is intended to limit or exclude any statutory rights that you have as a consumer under applicable law that cannot be limited or excluded by agreement, including your rights under the Consumer Rights Act 2015 (for UK users) or any equivalent mandatory provisions of consumer protection law applicable in your country of residence.