Last Updated: 24 January 2025
1. Introduction
Welcome to EvaTherapy (the “Website”), owned and operated by EvaTherapy (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Website and any associated services, content, or products, including but not limited to:
- One-to-one therapy chats with our AI therapy assistant, “Eva”
- User forums for discussion and community support
- Courses, guides, and other learning materials
By accessing or using our Website and services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue your use of our Website and services.
2. Eligibility and User Accounts
Age Requirement: You must be at least 16 years old to use our services. If you are under 16, you may only use the services with the involvement and consent of a parent or legal guardian.
Account Registration: To access certain features, you may be required to create an account by providing accurate and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Account Termination: We reserve the right to suspend or terminate your account at our sole discretion if you breach these Terms or any applicable laws, or if we suspect any fraudulent or harmful activities.
3. Nature of Services and Disclaimer
AI-Based Assistance: “Eva” is an AI-powered therapy assistant designed to provide guidance and support. EvaTherapy does not replace professional medical or mental health advice, diagnosis, or treatment. If you believe you are experiencing a medical or mental health emergency, please seek immediate assistance from a qualified healthcare professional.
Not a Medical Provider: We are not licensed healthcare providers, and our services are not intended to replace the services of trained professionals. All information or content provided through our Website is to be interpreted as informational support only and does not constitute a professional diagnosis or treatment.
4. User Conduct and Forum Usage
Prohibited Conduct: You agree not to use the Website or services for any illegal, harmful, or abusive purposes. In particular, you shall not:
- Post or transmit any content that is unlawful, threatening, libellous, obscene, or otherwise objectionable;
- Harass, stalk, or otherwise violate the rights of other users or third parties;
- Upload or distribute harmful files, viruses, or any software intended to disrupt or damage any hardware or software system.
Forum Rules: When participating in our user forums, you agree to abide by the community guidelines. You are solely responsible for the content you post. By submitting content, you grant EvaTherapy a non-exclusive, worldwide, royalty-free licence to host, reproduce, modify, and display your content as necessary to provide the forum services. We reserve the right to remove or modify any user content that violates these Terms or that we, at our discretion, deem inappropriate.
5. Intellectual Property
Ownership: All content, materials, and features on the Website (excluding user-generated content) are the property of EvaTherapy or its licensors and are protected by applicable intellectual property laws.
Limited Licence: Subject to your compliance with these Terms, you are granted a revocable, non-transferable, non-exclusive licence to access and use the Website and services for your personal, non-commercial use. No other licences or rights are granted.
Restrictions: You agree not to copy, reproduce, distribute, modify, create derivative works, publicly display, or otherwise exploit any part of the Website or services without our prior written consent.
6. Payment and Fees
Subscription or Course Fees: Certain parts of our services (e.g. advanced features, premium courses) may require a subscription or one-time fee. All fees are payable in the currency and manner specified at the time of purchase.
Refunds: Our refund policy, if any, will be described at the point of sale. Any refund arrangements shall comply with applicable Swiss consumer protection laws, and we reserve the right to grant or deny refunds in accordance with such laws.
7. Data Protection and Privacy
Your use of our Website and services is also governed by our Privacy Policy, which explains how we collect, process, and protect your personal data, including any special category data (e.g. health-related information) you choose to share.
- EvaTherapy processes personal data in compliance with the Swiss Federal Act on Data Protection (FADP) and any applicable data protection regulations.
- By using EvaTherapy, you consent to our collection and use of your data as set out in our Privacy Policy.
8. Disclaimers and Warranties
No Guarantee of Results: The results, advice, or guidance provided by Eva or any other materials on the Website are not guaranteed to be accurate, complete, or suitable for your individual needs.
Service Availability: While we strive to ensure the Website and services are operational and free from errors, we make no warranty or representation regarding the availability, reliability, or performance of any part of the Website or services.
“As Is” Basis: The Website and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, EvaTherapy disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms shall exclude liability for damages arising from gross negligence, intentional misconduct, or breaches of obligations concerning the protection of life, limb, or health, as required under Swiss law.
9. Limitation of Liability
Exclusion of Certain Damages: To the maximum extent permitted by applicable Swiss law, EvaTherapy (including its owners, employees, agents, and affiliates) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website or services.
Cap on Liability: Subject to statutory rights which cannot be excluded or limited under Swiss law, EvaTherapy’s aggregate liability to you for any direct damages shall not exceed the greater of CHF 150 or the total fees paid by you for the services during the three (3) months preceding the event giving rise to the liability.
Jurisdictional Limitations: In jurisdictions where certain exclusions or limitations of liability are not permitted, the above limitations shall apply only to the extent permissible under applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless EvaTherapy, its owners, employees, agents, and affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with your:
- Breach of these Terms;
- Use or misuse of the Website or services;
- Infringement of any third-party rights (including intellectual property rights); or
- Violation of any applicable laws or regulations.
11. Termination
By You: You may discontinue using the Website and services at any time.
By EvaTherapy: We may suspend or terminate your access to all or part of the services at any time, with or without notice, if we determine, in our sole discretion, that you have breached these Terms or any applicable laws.
Effect of Termination: Upon termination, all licences and rights granted to you under these Terms shall immediately cease, and you must stop using the Website and services. Provisions concerning intellectual property, limitation of liability, disclaimers, and indemnification shall survive termination.
12. Governing Law and Jurisdiction
Governing Law: These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with Swiss law.
Jurisdiction: For any disputes arising out of or in connection with these Terms, the parties agree to submit to the jurisdiction of the courts in Zurich, Switzerland. Notwithstanding the foregoing, any mandatory provisions under Swiss consumer protection law may grant you the right to bring proceedings in your place of domicile.
13. Dispute Resolution
In the event of any dispute or claim arising out of or in connection with these Terms, the parties shall first endeavour to resolve the matter through good faith negotiations. If the dispute cannot be resolved amicably, either party may request mediation or, if necessary, bring a claim before the competent court, subject to any mandatory legal provisions.
14. Modifications to These Terms
EvaTherapy reserves the right to update or modify these Terms at any time. Notice of significant changes will be provided by updating the “Last Updated” date and by posting a notice on the Website. Your continued use of the Website or services after such changes constitutes your acceptance of the updated Terms.
15. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and EvaTherapy regarding your use of the Website and services.
Severability: Should any provision of these Terms be found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No Waiver: Our failure or delay in exercising any right, power, or remedy under these Terms shall not operate as a waiver of any such right, power, or remedy.
Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. EvaTherapy may assign or transfer its rights and obligations under these Terms at its discretion without restriction.
16. Contact Us
If you have any questions regarding these Terms, please contact us at:
Email: support@evatherapy.io