Terms of Service

1. Acknowledgement

This Agreement is concluded solely between you (the End-User) and Foundra UG (haftungsbeschränkt) ("Application Provider"), not with Apple Inc. or Google LLC. The Application Provider is solely responsible for the licensed application, Dypa, and its content. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

2. Important Medical Disclaimer (No Medical Advice)

Do not use Dypa as a substitute for professional medical assistance. Always consult a qualified physician, psychiatrist, or licensed psychotherapist if you have health concerns or exhibit symptoms of mental illness.

In case of an acute psychiatric crisis or emergency, call your local emergency services (e.g., 112 in Europe, 911 in the US) or contact a crisis hotline immediately.

3. Scope of License

The license granted to you for Dypa is limited to a non-transferable license to use the application on any Apple-branded or Android-branded products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service and Google Play Terms of Service.

This license does not allow you to distribute, rent, sub-license, lease, lend, sell, or make the application available over a network where it could be used by multiple devices at the same time.

4. Consent to Use of Data

You agree that the Application Provider may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you. To the extent Dypa processes personal data, it does so in full compliance with the General Data Protection Regulation (GDPR) and other applicable privacy laws. Please refer to our Privacy Policy for detailed information.

5. Termination

This Agreement is effective until terminated by you or the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the application.

6. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYPA IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

7. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).

In no event shall Application Provider’s total liability to you for all damages exceed the amount of fifty Euros (€50.00).

8. 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.

9. Third-Party Beneficiary

Apple and Google, and their respective subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this License Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

10. Contact Information

Please direct any questions, complaints, or claims with respect to Dypa to:

Foundra UG (haftungsbeschränkt)
Ohlstedter Straße 51
22397 Hamburg, Germany
Email: hello@moodtrack.me