Empattie

Terms of Use

Effective Date: 27.01.2026
Last Updated: 27.01.2026

Welcome to Empattie. These Terms of Use ("Terms") govern your access to and use of the Empattie mobile application and related services (collectively, the "Service"), operated by Neuvelia Spółka z ograniczoną odpowiedzialnością ("Neuvelia," "we," "us," or "Empattie").

By accessing or using Empattie, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Service.

1. Eligibility

Empattie is available exclusively to individuals who are 18 years of age or older. By using the Service, you represent and warrant that:

• You are at least 18 years old

• You have the legal capacity to enter into these Terms

• Your use complies with all applicable laws and regulations in your jurisdiction

We reserve the right to request verification of age at any time. Accounts found to be in violation of this requirement will be immediately terminated.

2. Description of Service

Empattie is an AI-powered emotional wellness companion designed to provide supportive conversations, mood tracking, and mindfulness tools ("Quiet Tech"). The Service includes:

• AI-driven conversational support

• Mood and emotion tracking

• Journaling and reflection tools

• Voice-enabled interactions

Empattie is NOT a medical service, therapy, counseling, crisis intervention tool, or substitute for professional healthcare. The Service is designed for general emotional wellness support only.

3. Medical Disclaimer

3.1 Not Medical or Therapeutic Advice

Empattie does not provide medical advice, diagnosis, treatment, therapy, or counseling. Our AI-generated responses ("Outputs") are for informational and emotional support purposes only and should not be relied upon for:

• Diagnosing or treating mental health conditions

• Making medical or therapeutic decisions

• Addressing psychiatric disorders or crises

Always consult a qualified healthcare professional for medical concerns, mental health treatment, or therapeutic support.

3.2 AI Limitations

Empattie is powered by artificial intelligence. AI-generated Outputs may be inaccurate, incomplete, inappropriate, or inconsistent ("hallucinations"). Do not rely on Empattie for factual assertions, important decisions, or matters affecting your health, safety, or well-being without independent verification.

3.3 Crisis and Emergency Situations

Empattie is not designed for crisis intervention or emergency situations. If you are experiencing a mental health emergency, suicidal thoughts, or are in immediate danger:

• United States: Call 911 or 988 (Suicide & Crisis Lifeline)

• Poland: Call 112 (Emergency) or 116 123 (Emotional Support Hotline)

• Europe-wide: Call 112 (Emergency)

• Go to your nearest emergency room

• Contact a mental health professional immediately

Empattie cannot and will not respond to crisis situations. Do not use the Service in place of emergency services.

3.4 Prohibited Uses

You agree NOT to use Empattie to discuss, seek advice for, or share content related to:

• Active suicidal ideation, plans, or intent

• Self-harm behaviors or plans

• Harm to others, including threats or violent ideation

• Severe psychiatric symptoms (e.g., psychosis, extreme paranoia, command hallucinations)

• Obsessive behaviors toward others (stalking, harassment)

• Extreme self-neglect leading to bodily harm

• Any situation requiring immediate professional intervention

If you use the Service to discuss prohibited topics, we may immediately suspend or terminate your access and direct you to appropriate professional resources.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account by providing:

• A valid email address

• A secure password

• Optional profile information for personalization

4.2 Your Responsibility

You are solely responsible for:

• Maintaining the confidentiality of your login credentials

• All activities that occur under your account

• The physical security of your device (e.g., using device lock)

• Ensuring your device is free from malware and unauthorized software

• Immediately notifying us at support@empattie.com of any unauthorized access

5. Free Trial

5.1 Trial Period

New users may be eligible for a free trial of Premium features. The trial period duration will be clearly disclosed at sign-up and may be either 3 days or 7 days, depending on promotional offers at the time of registration.

5.2 Trial Terms

• The free trial provides full access to Premium plan features

• No payment is required during the trial period

• You may cancel at any time during the trial without being charged

• If you do not cancel before the trial ends, you will be automatically charged for the subscription plan you selected at sign-up, and your subscription will begin

5.3 Trial Eligibility

• Free trials are limited to one per user

• We reserve the right to verify eligibility and deny free trials to users who have previously used a trial, created multiple accounts, or violated these Terms

• Free trials are not transferable

[NOWA SEKCJA - Free Trial zamiast Free Plan]

6. Subscription Plans and Pricing

6.1 Available Plans

Empattie offers the following subscription plans available on both monthly and annual billing cycles:

Essential Plan:

• Monthly: $9.99/month (billed monthly)

• Annual: $6.99/month (billed as $83.88/year)

Plus Plan:

• Monthly: $19.99/month (billed monthly)

• Annual: $15.99/month (billed as $191.88/year)

Premium Plan:

• Monthly: $39.99/month (billed monthly)

• Annual: $33.99/month (billed as $407.88/year)

Features by plan level:

• Essential: Unlimited text conversations, advanced mood tracking, standard email support

• Plus: All Essential features, AI voice conversations, priority email support, early access to new features

• Premium: All Plus features, family sharing (up to 4 users), personalized wellness programs, progress analytics, dedicated specialist support

[USUNIĘTO Free Plan, zmieniono numerację sekcji]

6.2 Pricing and Taxes

• All prices are listed in USD (United States Dollars)

• Prices do not include Sales Tax or VAT. Applicable taxes will be calculated and added at checkout based on your billing location

• Annual subscriptions are billed once per year in advance on a recurring basis

• Monthly subscriptions are billed monthly in advance on a recurring basis

• We reserve the right to change pricing with at least 30 days' advance notice

6.3 Payment

By subscribing, you authorize us to charge your payment method according to your selected billing cycle. Subscriptions automatically renew unless canceled before the next billing date.

6.4 Cancellation and No Refund Policy

No Refunds: All subscription fees are non-refundable. When you purchase a subscription, you are purchasing access for the entire billing period you selected.

Cancellation:

• You may cancel your subscription at any time through your account settings

• Upon cancellation, you retain full access to your subscription features until the end of your current billing period (monthly or annual)

• Cancellation only disables automatic renewal; it does not result in an immediate loss of access

• No refunds will be issued for unused time, including partial months or partial years

Right of Withdrawal (EU Consumers): If you are a consumer located in the European Union, you have the right to withdraw from a subscription to digital content within 14 days of purchase, provided you have not yet accessed or used the Service. Once you begin using the Service (including during a free trial that converts to a paid subscription), you waive your right of withdrawal. To exercise this right before use, contact us at support@empattie.com with "Withdrawal Request" in the subject line.

[POPRAWKA - jasna polityka NO REFUNDS, EU exception tylko jeśli nie użył]

6.5 Plan Changes

Upgrade (Moving to a Higher-Tier Plan)

• Upgrades are processed using a pro-rata credit system

• The unused value of your current plan is calculated based on remaining days and credited toward the new plan

• You are charged immediately for the difference between the credit and the cost of the new plan through the end of the current billing cycle

• The upgraded plan takes effect immediately

• Example: If you upgrade from Plus ($19.99/month) to Premium ($39.99/month) on day 15 of a 30-day cycle, you receive approximately $10 credit for the unused Plus time and are charged approximately $10 for the remaining 15 days of Premium

Downgrade (Moving to a Lower-Tier Plan)

Plan downgrades and billing cycle changes are subject to the following no-refund policy:

• Downgrades are scheduled changes that take effect at the end of your current billing cycle

• No refunds or credits are issued for the current billing period

• You retain access to your current plan features until the downgrade takes effect

• Example: If you downgrade from Premium ($39.99/month) to Plus ($19.99/month) on day 10 of your monthly cycle, you continue using Premium until day 30, then Plus begins at the next billing date

Billing Cycle Changes

Monthly to Annual:

• You may upgrade from monthly to annual billing at any time

• Pro-rata credit from your monthly plan is applied toward the annual fee

• You are charged the difference immediately and begin your annual billing cycle

Annual to Monthly:

• You may request to change from annual to monthly billing, but this change will only take effect at the end of your current annual period

• No refunds or pro-rata credits are issued for unused months on your annual subscription

• You retain access to your annual plan features until your annual period ends, at which point monthly billing begins

• Why no refunds? Annual plans are discounted to reward long-term commitment. If you choose to end that commitment early, you retain the discounted rate you paid through the end of your annual period, but you do not receive a refund for the difference between annual and monthly pricing

Example: If you purchased an annual Plus plan on January 1, 2026 for $191.88 (equivalent to $15.99/month) and request to switch to monthly billing on July 1, 2026:

• You continue to have full Plus access until December 31, 2026

• Starting January 1, 2027, you will be charged $19.99/month

• No refund is issued for the remaining 6 months of your annual subscription

[KRITYCZNA POPRAWKA - jasna polityka NO REFUNDS przy downgrade lub annual→monthly]

7. Family Sharing (Premium Feature)

Premium subscribers may share their subscription with up to 4 additional users through our Family Sharing feature. Family Sharing is available for both monthly and annual Premium subscriptions.

7.1 How Family Sharing Works

• The subscription owner ("Organizer") generates a one-time invitation token (link) through the app

• Invitation tokens have a limited validity period (72 hours) and can only be used once

• The invited user's account is technically linked to the Organizer's subscription ID in our system

• Access verification occurs at each API request to ensure continued eligibility

7.2 Organizer Responsibilities

• The Organizer is responsible for managing shared access

• The Organizer may revoke access for any invited user at any time

• Only the Organizer's payment method is charged; invited users do not pay separately

• If the Organizer downgrades from Premium, all invited users immediately lose Premium access

7.3 Invited User Terms

• Invited users must create their own Empattie account

• Invited users' access depends on the Organizer's active Premium subscription

• If the Organizer cancels or downgrades from Premium, invited users immediately lose Premium access

• Invited users may only be part of one Family Sharing group at a time

• When Premium sharing ends, invited users may subscribe to their own plan or discontinue use

7.4 Limitations

• Family Sharing is for personal, non-commercial use only

• Sharing accounts or tokens publicly, selling access, or other commercial use is strictly prohibited and will result in immediate termination

• The Organizer is responsible for all invited users' actions; violations of Terms by invited users may result in termination of the Organizer's account

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.1 GDPR Compliance

As a company registered in Poland, we comply with the General Data Protection Regulation (GDPR). You have rights under GDPR including:

• Right to access your personal data

• Right to rectification and erasure

• Right to data portability

• Right to object to processing

For more information or to exercise your rights, contact us at privacy@empattie.com.

8.2 Data Security

We implement industry-standard security measures including:

• Encryption for data in transit (TLS 1.3) and at rest (AES-256)

• Secure server infrastructure with regular security audits

• Access controls limiting data access to authorized systems only

However, no system is 100% secure. You are responsible for the security of your device and account credentials.

8.3 AI Training and Data Use

Important: Our AI technology providers process your conversation data to generate responses for you. Your conversation data is NOT used to train or improve general AI models. We have contractual agreements explicitly prohibiting AI providers from using your conversations for model training under any circumstances.

9. Intellectual Property

9.1 Our Rights

The Service, including all content, features, functionality, software, and design, is owned by Neuvelia Sp. z o.o. and protected by international copyright, trademark, and intellectual property laws.

9.2 Your Content

You retain ownership of content you create or submit to the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive, royalty-free license to:

• Store, process, and display your User Content to provide the Service

• Create anonymized and aggregated data for research, analytics, and Service improvement

We will not share your identifiable personal data without your consent, except as described in our Privacy Policy.

10. Acceptable Use

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of these Terms

• Share your account credentials or subscription access with others (except through Family Sharing)

• Attempt to reverse engineer, decompile, or hack the Service

• Use automated tools (bots, scrapers) to access the Service

• Transmit harmful, threatening, abusive, or harassing content

• Impersonate others or misrepresent your identity or affiliation

• Use the Service for commercial purposes without written authorization

• Abuse free trial eligibility by creating multiple accounts

[Dodano "abuse free trial" do Acceptable Use]

Violation of these terms may result in immediate account suspension or termination.

11. Service Availability

11.1 Uptime

While we strive to maintain reliable Service availability, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance

• Technical issues or server outages

• Force majeure events beyond our reasonable control

11.2 Geographic Availability

The Service is primarily designed for users in the United States and European Economic Area. Availability and features may vary by region.

12. Modifications to Terms and Service

12.1 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 30 days before the changes take effect. Continued use of the Service after changes become effective constitutes acceptance of the new Terms.

12.2 Changes to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice, except in cases of emergency or legal compliance.

13. Termination

13.1 Termination by You

You may terminate your account at any time through account settings or by contacting us at support@empattie.com.

13.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or refund, if:

• You breach these Terms

• You engage in fraudulent, illegal, or harmful activity

• You discuss prohibited topics (Section 3.4)

• You abuse free trial eligibility (including creating multiple accounts)

• Necessary to comply with legal obligations

• Your account remains inactive for an extended period (more than 12 months)

13.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases

• We may delete your account and data after a reasonable grace period (30 days), as described in our Privacy Policy

• No refunds will be issued for prepaid subscription periods, except where required by mandatory consumer protection law

• Sections that by their nature should survive termination (e.g., intellectual property, liability limitations, dispute resolution) will remain in effect

14. Disclaimers and Limitation of Liability

14.1 Disclaimer of Warranties

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

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free

• AI-generated Outputs will be accurate, reliable, or suitable for your needs

• Any defects will be corrected

14.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

Limitations on Limitations: This limitation does not apply to:

• Liability that cannot be excluded under mandatory Polish law (including liability for gross negligence or willful misconduct)

• Liability for personal injury or death

• Liability for violations of mandatory consumer protection laws in your jurisdiction

• Liability under EU data protection laws (GDPR)

In jurisdictions where the above exclusions are mandatory, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Neuvelia Sp. z o.o., its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Service

• Your violation of these Terms

• Your violation of any third-party rights

• User Content you submit or generate

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles. For users located in the United States, certain consumer protection laws may also apply.

16.2 Arbitration (US Users)

For users located in the United States, any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except where prohibited by law. Arbitration shall take place in English language.

16.3 EU Users

For users located in the European Union, you may bring claims in the courts of Poland or your country of residence in accordance with applicable EU regulations. You also have the right to use consumer dispute resolution services in your country of residence.

16.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Neuvelia Sp. z o.o. regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If a provision is found invalid only as applied to a particular circumstance, the invalid application shall be severed while the provision remains valid in other contexts.

17.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

17.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any successor or affiliate without restriction. In the event of a merger, acquisition, or sale of substantially all of Neuvelia's assets, your data will be transferred to the successor entity, which will remain bound by the terms of our Privacy Policy. We will notify you of any such transfer.

17.5 Language

These Terms are provided in English. In case of any conflict between translated versions, the English version shall prevail.

18. Contact Information

For questions, concerns, or support regarding these Terms or the Service, please contact us:

Neuvelia Spółka z ograniczoną odpowiedzialnością
KRS: 0001189908
NIP: 6762700408
REGON: 542505430
Registered Address: Szlak 77/222, 31-153 Kraków, Polska

Email: legal@empattie.com
Support: support@empattie.com
Data Protection Officer: privacy@empattie.com

By creating an account and using Empattie, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

© 2026 Neuvelia Sp. z o.o. All rights reserved. Empattie is a trademark of Neuvelia Sp. z o.o.