Terms of Use

1. Acceptance of Terms

By downloading, accessing, or using Eden: Faith & Habit Tracker ("the App"), you agree to be bound by these Terms of Use. These terms constitute a legally binding agreement between you and Ferris Foundation Limited ("we", "us", or "our").

2. Not a Medical or Mental Health Provider

Important Disclaimer:

• No therapy: Eden is a tool for spiritual growth and personal habit tracking. We are not a licensed medical provider, therapist, or mental health professional. The App does not provide clinical advice, diagnosis, or treatment.
• Not a crisis service: The App is not intended for use in a crisis. If you are experiencing a medical emergency or a mental health crisis, please contact emergency services (such as 111 in New Zealand or 911 in the USA) or a qualified professional immediately.
• Spiritual vs. Clinical: Any content regarding "Mind" or "Spirit" is for spiritual reflection and should not replace professional psychological or psychiatric care.

3. Physical Habit Safety & Risk

The App includes protocols for physical habits, including but not limited to The Cold Reset (cold exposure) and Breath of Life (controlled breathing).

• Consult a physician: You should consult with a healthcare professional before starting any new physical protocol, especially if you have pre-existing conditions, are pregnant, or have respiratory/cardiovascular issues.
• Assumption of risk: You acknowledge that physical habits carry inherent risks. By using these features, you voluntarily assume all risks associated with these activities.

4. User Conduct & Stewardship

You agree to use the App as a "Steward" of your own progress. You may not use the App for any illegal or unauthorized purpose. You are responsible for maintaining the confidentiality of your account credentials.

5. Intellectual Property

The "Eden" name, the garden imagery, the 30-habit "Moments of Grace" system, and all original content within the App are the exclusive property of Ferris Foundation Limited. You are granted a limited, non-exclusive license to use the App for personal, non-commercial growth.

6. Apple App Store Legal Requirements

To comply with Apple's requirements for applications distributed via the App Store, the following terms apply:

Acknowledgement: You and Ferris Foundation Limited acknowledge that these Terms are concluded between you and Ferris Foundation Limited only, and not with Apple.

Ferris Foundation Limited, not Apple, is solely responsible for the Eden App and the content thereof. These terms do not provide usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date.

Scope of License: The license granted to you for the Eden App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and Support: Ferris Foundation Limited is solely responsible for providing any maintenance and support services with respect to the Eden App. You and Ferris Foundation Limited acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Eden App.

Warranty: In the event of any failure of the Eden App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Eden App.

Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Ferris Foundation Limited's sole responsibility.

Product Claims: Ferris Foundation Limited, not Apple, is responsible for addressing any claims of you or any third party relating to the Eden App or your possession and/or use of the App, including product liability claims, legal/regulatory conformity claims, and claims arising under consumer protection or similar legislation.

Intellectual Property Rights: In the event of any third-party claim that the Eden App or your possession and use of the App infringes that third party's intellectual property rights, Ferris Foundation Limited will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Terms: You must comply with applicable third-party terms of agreement when using the Eden App (e.g., your wireless data service agreement).

Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms.

Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

7. Limitation of Liability

To the maximum extent permitted by law, Ferris Foundation Limited shall not be liable for any indirect, incidental, or consequential damages resulting from your use of the App, your performance of the habits, or your reliance on any spiritual content provided.

8. Governing Law and Consumer Rights

Governing Law: These Terms are governed by the laws of New Zealand. Any disputes arising from these terms shall be resolved in the courts of New Zealand.

New Zealand Consumer Law: If you are using the App for personal use, you have certain rights under the New Zealand Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Terms is intended to exclude or limit your rights under these Acts, except where permitted by law.

9. Disclaimer of Warranties

Except for your rights under New Zealand Consumer Law, the App is provided "as is." We do not guarantee that the "Garden" will be error-free or that the App will meet your specific spiritual or physical expectations.

10. Contact Information

For support, legal inquiries, or compliance notices, please contact:

Ferris Foundation Limited

69 Devon Street E, New Plymouth, TARANAKI, 4310, New Zealand

Email: hello@edenfaith.app