Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and ESSENCE LLC ("Essence", "we", "us", or "our") governing your use of the Essence mobile application and related services (the "Services"). Please read them carefully, especially Sections 4–9 and 15–18, which concern health, safety, risk, and liability.

By downloading, accessing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

The Services are provided by ESSENCE LLC, a limited liability company organized in the State of California, USA. Contact: hello@youressence.app.

You must be at least 18 years old and able to form a binding contract to use Essence. By using the Services, you represent and warrant that you meet this requirement. The Services are not directed to children, and we do not knowingly permit anyone under 18 to use them.

Essence is a self-help and wellbeing application. It offers reflective and educational tools, which may include: guided breathing and grounding, a "safe place" resource, an EMDR-inspired self-regulation exercise ("Pattern Breaker"), emotion/trigger tracking and guided processing, inner-parts and shadow dialogue, a somatic "Body Map", journaling, daily mantras/affirmations, sound-frequency and binaural-audio sessions ("Rewire Lab"), and an AI reflective companion (the "Oracle"). We may add, change, or remove features at any time.

Please read this carefully.

• Essence is not a medical device, and it does not provide medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment.
• The Services are not psychotherapy or counseling, and using them does not create a therapist–client, doctor–patient, or other professional relationship.
• Essence is not a substitute for care from a qualified professional. Always seek the advice of a licensed clinician for any medical or mental-health condition, and never disregard or delay professional advice because of something you experienced in the app.
• The Services are not designed for emergencies. If you are in crisis or may be in danger, see Section 9.

Some tools involve emotional and somatic self-exploration (for example, recalling difficult memories, noticing body sensations, or bilateral stimulation via a moving light, sound, and taps). These can bring up strong emotions or discomfort.

Certain tools, including the EMDR-inspired Pattern Breaker, are not appropriate for everyone. You should not use them, or should consult a professional first, if you:

• are in crisis or thinking of harming yourself or others;
• are working through heavy or complex trauma;
• experience dissociation (feeling unreal or 'checking out');
• live with psychosis, mania, or a similar condition;
• have epilepsy or light sensitivity (a moving-light element is used, and a 'no moving light' mode is provided);
• are in an unsafe or unstable situation;
• are under the influence of alcohol or substances;
• are unable to self-regulate; or
• are pregnant or have a serious heart or neurological condition.

This list is not exhaustive.

You use the Services voluntarily and at your own risk. To the fullest extent permitted by law, you assume the risks described above and agree that Essence is not responsible for how the tools affect you. Stop any exercise and seek appropriate help if it becomes too much.

The Oracle and some guided features are powered by artificial intelligence (a third-party model). They are not a human, not a therapist, and not a medical or crisis service. AI responses are generated automatically, may be inaccurate, incomplete, or inappropriate, and should not be relied upon for medical, legal, financial, or other important decisions. Do not use the Oracle in an emergency. See Section 9.

The Services, including sound-frequency, binaural-beat, subliminal, and affirmation content, are offered for relaxation, reflection, and personal-experience purposes only. Descriptive names and themes (for example, references to "healing", "abundance", "release", or "protection") are evocative, not medical or scientific claims. We make no guarantee of any specific outcome, benefit, or result. Do not use audio sessions while driving or operating machinery, and use headphones at a safe volume.

Essence is not for emergencies. If you are in crisis, thinking about harming yourself or someone else, or otherwise in danger, contact emergency services or a crisis line immediately:

• Immediate emergency: United States 911 · France & Europe 112
• Distress or suicidal thoughts: United States 988 (call or text) · France 3114 · Anywhere: findahelpline.com

You are responsible for maintaining the confidentiality of your account and for all activity under it. Provide accurate information, keep it current, and notify us promptly of any unauthorized use at hello@youressence.app.

You agree not to:

• use the Services unlawfully or to harm yourself or others in a way the Services are not intended to support;
• harass, threaten, or infringe the rights of others;
• attempt to disrupt, reverse-engineer, or gain unauthorized access to the Services or their infrastructure;
• upload malicious code; or
• impersonate any person or entity.

You retain ownership of the content you create in Essence (journal entries, reflections, inputs, etc.) ("Your Content"). You grant us a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Your Content solely to operate and provide the Services to you (including syncing, backup, and generating AI responses). We do not use Your Content for advertising, and we do not sell it. You are responsible for Your Content and for keeping your own copies of anything important to you.

The Services and all associated software, design, text, graphics, logos, audio, and other materials (excluding Your Content) are owned by or licensed to Essence and protected by intellectual-property laws. We grant you a personal, non-transferable, non-exclusive, revocable license to use the Services for your own personal, non-commercial use, subject to these Terms. You may not copy, distribute, modify, or create derivative works except as allowed by law.

Essence offers optional auto-renewing subscriptions ("Essence Plus"):

• Billing is handled by the Apple App Store under your Apple ID. Subscriptions renew automatically for the same period unless canceled at least 24 hours before the end of the current period.
• Manage or cancel anytime in your device's App Store subscription settings; cancellation takes effect at the end of the current period.
• Refunds are handled by Apple according to the App Store's policies; we generally do not process payments or refunds directly.
• Consumers in the EU/EEA and certain other regions may have a statutory right of withdrawal for digital purchases; where you request immediate access to paid content, you may be asked to acknowledge that this right may be lost once performance begins. Nothing in these Terms limits any non-waivable statutory consumer rights.
• Prices and features may change; we will give notice as required by law and by the App Store.

To the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Services will be uninterrupted, secure, or error-free. We do not warrant that the Services will meet your needs or produce any particular result.

To the fullest extent permitted by law:

• Essence and its owners, employees, and providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, arising from or related to your use of (or inability to use) the Services.
• Our total aggregate liability for all claims relating to the Services will not exceed the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) US $50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including, where applicable, liability for death or personal injury caused by negligence, for fraud, or for any other liability that may not be limited. If you are a consumer, you keep all mandatory rights the law gives you.

To the extent permitted by law, you agree to indemnify and hold harmless Essence and its owners and providers from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the Services or your violation of these Terms or of any law or third-party right.

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Services or other users. Sections that by their nature should survive termination (including Sections 4–7 and 11–16) will survive.

If you download the app from the Apple App Store, you acknowledge that these Terms are between you and Essence only, not Apple, and that Apple is not responsible for the Services or their content. Apple has no obligation to provide maintenance or support. In case of a failure to conform to any applicable warranty, you may notify Apple for a refund of the price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is a third-party beneficiary of these Terms and may enforce them against you. You represent that you are not located in a US-embargoed country or on a US prohibited-party list, and you will comply with applicable third-party terms (including the App Store Terms).

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. Subject to the following sentence, the state and federal courts located in Los Angeles County, California will have jurisdiction. If you are a consumer residing in the EU, the UK, or another jurisdiction whose law grants you the right to bring proceedings in your home courts and to benefit from your local mandatory consumer-protection laws, nothing here deprives you of those rights.

We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email and update the "Last updated" date. Your continued use after the changes take effect means you accept them.

These Terms and the Privacy Policy are the entire agreement between you and Essence regarding the Services. If any provision is found unenforceable, the rest remains in effect. 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 merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.

Questions: hello@youressence.app — ESSENCE LLC, California, USA.