ThoughtWell Terms of Use

Acceptance of these terms

These Terms of Use are an agreement between you and ThoughtWell, LLC (“ThoughtWell,” “we,” or “us”) governing your use of the ThoughtWell app.

By downloading, installing, or using ThoughtWell, you agree to these terms. If you don’t agree to them, please don’t use the app.

See also the Privacy Policy, which describes how ThoughtWell handles information and is part of this agreement by reference.

Your license to use the app

ThoughtWell grants you a limited, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices that you own or control, for your own personal, non-commercial use, subject to Apple’s Usage Rules and these terms.

This license doesn’t give you any ownership of ThoughtWell itself. All rights not expressly granted to you are reserved.

Eligibility

You must meet the age requirement shown on ThoughtWell’s App Store listing, and be at least 13 years old, to use the app. If you are under 18, you should have a parent or guardian’s permission.

Not medical care or a crisis service

ThoughtWell is software for personal reflection. It is not therapy, medical care, or a mental health service, and it is not a substitute for care from a qualified professional.

ThoughtWell is not a crisis service. If you feel unsafe or might hurt yourself, please contact emergency services or a crisis line right away — in the US and Canada you can call or text 988, or call 911 if you are in immediate danger. More support options are on the Support page.

Nothing in ThoughtWell — including its questions, summaries, or any observations it surfaces — is medical, psychological, or professional advice.

Your reflections

What you write in ThoughtWell is yours. Storing it locally on your device, as described in the Privacy Policy, doesn’t give ThoughtWell any ownership or license over it.

Because reflections are stored only on your device, you are responsible for keeping your own copies — for example, by using the app’s export feature before changing or replacing a device.

Acceptable use

Please don’t:

• reverse engineer, decompile, or attempt to extract the source code of ThoughtWell, except where applicable law permits it
• use the app for any unlawful purpose, or in a way that infringes someone else’s rights
• interfere with or disrupt the app or attempt to gain unauthorized access to it
• resell, rent, lease, or sublicense the app

Our intellectual property

ThoughtWell — including its design, text, questions, illustrations, and the ThoughtWell name and mark — is owned by ThoughtWell, LLC and protected by intellectual property law. This doesn’t apply to what you write in your own reflections, which remains yours.

Apple and the App Store

ThoughtWell is distributed through Apple’s App Store, and the following terms — required by Apple for apps distributed this way — apply in addition to the rest of this agreement:

• This agreement is between you and ThoughtWell, LLC alone, not Apple. Apple has no obligation to furnish any maintenance or support for the app.
• 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) for the app to you. Apple has no other warranty obligation of any kind for the app.
• Apple is not responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• ThoughtWell, LLC — not Apple — is responsible for investigating, defending, and resolving any claim that the app or your possession or use of it infringes a third party’s intellectual property rights.
• You represent that you are not located in a country subject to a U.S. government embargo, and are not on any U.S. government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement, and Apple has the right to enforce it against you.

Disclaimer of warranties

ThoughtWell is provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law — including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We don’t warrant that the app will be uninterrupted, error-free, or that any observations it surfaces will be accurate or useful for your particular situation.

Limitation of liability

To the fullest extent permitted by law, ThoughtWell, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising from your use of — or inability to use — the app, even if advised of the possibility of such damages.

Some jurisdictions don’t allow the exclusion or limitation of certain damages, so parts of this limitation may not apply to you.

Termination

You may stop using ThoughtWell at any time by deleting the app from your device.

We may suspend or discontinue the app, or your license to use it, if you materially violate these terms. Sections of this agreement that by their nature should survive termination — including intellectual property, disclaimers, and limitation of liability — will survive.

Changes to these terms

We may update these terms as ThoughtWell changes. If a change is material, we’ll update the effective date at the top of this page. Continuing to use the app after a change takes effect means you accept the updated terms.

Governing law

These terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws principles, except where Apple’s required terms above say otherwise.

Contact

Questions about these terms can be sent to:

customersupport@mythoughtwell.com

ThoughtWell is developed by ThoughtWell, LLC.