Terms of Use
PLEASE READ CAREFULLY. This agreement says Evena is not medical care or an emergency service (Section 5), limits our liability (Sections 10 to 13), and requires individual arbitration instead of court or class actions, with a 30-day opt-out (Section 14). By tapping “I agree” or by downloading or using the app, you accept these Terms.
1. Who This Agreement Is with
This agreement is between you and Raven Media LLC, a Hawaii limited liability company (“Raven Media”, “we”, “us”). Email: support@getevena.com. It is between you and us only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for Evena (the “App”) and its content. These Terms do not give you usage rights that conflict with the Apple Media Services Terms and Conditions.
2. Eligibility
You must be at least 18 years old to download or use the App. By using it you confirm that you are 18 or older. You also confirm that (i) you are not located in a country subject to a U.S. Government embargo, or that the U.S. Government has designated a “terrorist supporting” country, and (ii) you are not on any U.S. Government list of prohibited or restricted parties.
3. License
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Other accounts associated with the purchaser may use the App through Family Sharing or volume purchasing. You may not copy, modify, distribute, sell, rent, or lease the App; reverse engineer it or try to extract its source code (except where the law allows); remove any notices from it; or use it for any unlawful purpose. We and our licensors keep all rights in the App, including its text, design, icons, and code. These Terms give you no right to our names or logos.
Apple’s Standard EULA
Evena is licensed under Apple’s standard Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), which is incorporated by reference, as supplemented by these Terms. If there is a conflict, these Terms apply to the extent the law and Apple’s rules allow.
4. Your Entries
What you enter in the App is stored on your device. We do not receive, access, or store it (see our Privacy Policy). You own your entries. Because we cannot see or recover them, you are responsible for your own backups, for keeping your device secure, and for anything you export or share. If you delete the App or lose your device without a backup, your entries may be lost permanently.
5. Not Medical Advice. Not for Emergencies.
(a) The App is a self-tracking and reflection tool for personal use and general wellness. It is not therapy, counseling, medical, psychological, or mental health advice or care, and it is not a crisis or emergency service. It does not diagnose any condition. Using the App does not create a doctor-patient, therapist-client, counselor, or other professional relationship with us. (b) No one monitors the App or your entries. The App cannot contact anyone, call for help, or notify a therapist, family member, or emergency service for you. (c) Descriptions of skills and other content in the App are general and educational. They are not tailored to you and may not be right for you. The App is not affiliated with, endorsed by, or sponsored by any DBT program, clinic, trainer, author, publisher, or organization. (d) Do not use the App as a substitute for professional care, and do not delay or disregard professional advice because of anything in the App. Check with your doctor or therapist before making health decisions. (e) If you are in danger or thinking about ending your life, call or text 988 (U.S. Suicide & Crisis Lifeline) or call 911 (or your local emergency number) right away. Do not rely on the App in an emergency.
6. Purchases and Subscriptions
(a) The App requires a paid subscription or purchase after your first 3 free check-ins. Help, 988, your past entries, the Week view, Export and Delete always stay free. If you are eligible, you get a 7-day free trial, and then the subscription renews at US$29.99 per year (or the local price shown in the App Store) until you cancel. We also offer a one-time “Lifetime” purchase at US$49.99. “Lifetime” means for as long as we offer the App, not for your lifetime. Subscription details: Evena Premium (yearly), length one year, US$29.99 per year after the free trial. (b) Payment is charged to your Apple Account at confirmation of purchase or when the free trial ends. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. Renewal is charged within 24 hours before the end of the current period at the then-current price. (c) You can manage or cancel your subscription in your Apple Account settings (Settings > your name > Subscriptions). Deleting the App does not cancel a subscription. The free trial is available once per Apple Account. (d) Apple processes all payments and billing, and Apple decides refund requests for App Store purchases (reportaproblem.apple.com). Apple’s terms govern those matters. (e) We may change prices. If a price increase needs your consent, Apple will ask you. If you do not agree, your subscription will not renew at the new price. (f) You can restore earlier purchases from the App’s Settings.
7. Acceptable Use
Do not misuse the App, interfere with it, try to get around the subscription, or use it to harm others.
8. Updates and Support
We may update, change, or stop offering features at any time. We are solely responsible for any maintenance and support for the App, which we provide by email at support@getevena.com or as required by law. Apple has no obligation whatsoever to furnish any maintenance or support for the App.
9. Third-Party Terms
You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement and the Apple Media Services Terms and Conditions.
10. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR NEEDS, BE ERROR-FREE OR UNINTERRUPTED, OR KEEP YOUR DATA FROM BEING LOST, AND WE MAKE NO WARRANTY THAT THE APP IS SUITABLE FOR ANY HEALTH PURPOSE. Some places do not allow some of these exclusions, so they apply only to the extent the law allows where you live. Apple warranty: if the App fails 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 has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.
11. Product Claims and Intellectual Property Claims
You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (i) product liability claims, (ii) claims that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims under consumer protection, privacy, or similar laws. If a third party claims that the App or your possession and use of it infringes that party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAVEN MEDIA AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, OR GOODWILL, OR FOR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) US$50. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, gross negligence, or willful misconduct, or any consumer-protection rights you have. Some places do not allow some of these limits, so they apply only to the extent the law allows where you live.
13. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Raven Media and its members, managers, employees, and contractors from third-party claims, and related losses, liabilities, and reasonable costs, arising from (a) your breach of these Terms, (b) your misuse of the App, or (c) information you export or share from the App with others.
14. Disputes: Informal Resolution, Arbitration, and Class Action Waiver
(a) Talk to us first. Email support@getevena.com with a description of the problem and what you want. We will try to resolve it within 30 days. (b) Binding individual arbitration. If we cannot resolve it, you and Raven Media agree that any dispute arising out of or relating to these Terms or the App will be resolved only by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect when the claim is filed (available at adr.org), instead of in court before a judge or jury. The Federal Arbitration Act applies. The arbitration will take place in Honolulu, Hawaii or, at your choice, by phone, video, or written submissions. We will pay all AAA filing, administrative, and arbitrator fees above the amount you would pay to file a case in court, unless the arbitrator finds your claim was frivolous. The arbitrator, not a court, decides whether this Section applies and is enforceable, may award the same individual relief a court could, and the award may be entered in any court with jurisdiction. (c) No class actions. To the maximum extent permitted by law, you and we may bring claims only individually, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not combine claims or preside over a class or representative proceeding. If this paragraph is found unenforceable for a claim, that claim (and only that claim) will go to court instead of arbitration, in the courts named in Section 15. (d) Exceptions. Either of us may bring an individual claim in small claims court (in Honolulu, Hawaii or where you live) instead of arbitration. Either of us may ask a court to stop infringement or misuse of intellectual property. (e) 30-day opt-out. You may opt out of arbitration and the class action waiver by emailing support@getevena.com with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms. Include your name and a statement that you opt out. Opting out does not affect any other part of these Terms. (f) Time limit. To the extent permitted by law, any claim must be filed within one year after it arose, or it is barred. (g) Claims against Apple are not covered by this Section and are governed by Apple’s terms.
15. Governing Law and Courts
These Terms are governed by the laws of the State of Hawaii and applicable U.S. federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 14. For any dispute that is not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Honolulu, Hawaii. If you are a consumer, you keep any mandatory consumer-protection rights that apply where you live.
16. Termination
You can stop using the App at any time. We may suspend or end your access if you breach these Terms. Sections that by their nature should continue (including 4, 5, and 10 to 15) survive termination.
17. Changes to These Terms
We may update these Terms. We will post the new version with a new effective date and, for material changes, ask you to accept it in the App. If you do not accept, stop using the App. Changes to Section 14 apply only to disputes that arise after the change.
18. Apple as Third-Party Beneficiary
You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, 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.
19. General
These Terms and the Privacy Policy are the entire agreement between you and us about the App. If any provision is unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver. You may not assign these Terms. We may assign them to a successor. We may give you notices by email or in the App.
20. Contact
Questions, complaints, or claims about the App: Raven Media LLC, email support@getevena.com.