These Terms and Conditions (“Terms”) govern your access to and use of the Excellent Me mobile application, website, online services, content, courses, exercises, activities, journaling features, character-strength tools, artificial intelligence features, subscriptions, and any related services we provide (collectively, the “Service”).
These Terms form a legal agreement between you (“you,” “your,” or “User”) and Excellent Me App VOF, a general partnership (vennootschap onder firma) established in the Netherlands and operating as Excellent Me (“Excellent Me,” “Company,” “we,” “our,” or “us”). Please read these Terms carefully before using the Service. By creating an account, downloading the app, accessing the website, purchasing a subscription, or using any part of the Service, you agree to these Terms and to our Privacy Policy.
If you do not agree to these Terms, you may not access or use the Service.
Important: This document is a business-ready draft and should be reviewed by a qualified attorney before publication, especially for state-specific U.S. consumer, privacy, arbitration, subscription, children’s privacy, and health/wellness compliance requirements.
1. About Excellent Me
Excellent Me App VOF is established in the Netherlands at Laan van Vredenoord 33, 2289 DA Rijswijk, The Netherlands.
Excellent Me is designed to help adults, including parents, grandparents, caregivers, teachers, and other role models, become more aware of and practice positive character strengths in daily life. The Service may include educational content, reflection prompts, journaling exercises, activities, e-learning modules, mood- and context-based recommendations, child-facing explanations, modeling tips, and AI-assisted interactions.
Our mission is to support adults in practicing constructive behaviors that children may observe and imitate. The Service is intended for personal growth, education, reflection, and general well-being support. It is not a medical, mental-health, therapeutic, diagnostic, legal, financial, or emergency service.
2. Eligibility and Age Requirements
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account, purchase a subscription, or use the Service without supervision. If you are under the age of majority, you may use the Service only with the involvement and consent of a parent or legal guardian.
The Service is primarily intended for adults. Unless we expressly provide a child-directed product with the required notices and consents, the Service is not directed to children under 13 in the United States. You may not create an account for a child under 13 or allow a child under 13 to submit personal information through the Service unless we have implemented a lawful parental consent process.
Parents, guardians, teachers, and caregivers are responsible for determining whether any content, exercise, activity, or child-facing material is appropriate for the child, family, classroom, or setting in which it is used.
3. Your Account
You may need to create an account to access certain features. You agree to provide accurate, complete, and current information and to keep that information updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us promptly at info@excellentme.app if you suspect unauthorized access to your account.
You may not share your account with another person, sell access to your account, or use another person’s account without permission. We may limit the number of devices associated with an account.
4. The Service and Changes to the Service
We aim to provide a reliable and meaningful Service, but we do not guarantee that the Service will always be available, uninterrupted, secure, error-free, or compatible with every device or operating system.
We may update, modify, suspend, remove, or discontinue any part of the Service, including features, exercises, activities, AI tools, subscription tiers, content, courses, and pricing, at any time. Where required by law, we will provide notice of material changes.
You are responsible for your own devices, internet connection, data charges, and software updates needed to use the Service.
5. Educational and Well-Being Disclaimer
The Service provides general educational and well-being information. It is not a substitute for professional advice, diagnosis, treatment, therapy, counseling, crisis support, medical care, legal advice, financial advice, or educational assessment.
No content in the Service should be interpreted as a promise, guarantee, or representation that you, a child, a student, a family, a classroom, or any other person will achieve a particular emotional, behavioral, academic, medical, mental-health, parenting, or relationship outcome.
If you or someone else may be in danger, may self-harm, may harm another person, or may be experiencing a medical or mental-health emergency, do not rely on the Service. Contact emergency services immediately. In the United States, call or text 988 for the Suicide & Crisis Lifeline or call 911 for emergencies. Outside the United States, contact local emergency services or a local crisis hotline.
You are solely responsible for how you apply any exercise, activity, reflection, suggestion, or AI-generated response in your life, family, classroom, workplace, or community.
6. AI-Assisted Features
The Service may include artificial intelligence features, such as conversational support, personalized reflections, adaptive exercises, mood- or context-based suggestions, summaries, reminders, and other AI-generated outputs (“AI Features”).
AI Features are experimental and may be inaccurate, incomplete, biased, inappropriate, outdated, or unsuitable for your situation. AI-generated outputs do not represent professional advice and should not be relied upon as the sole basis for decisions involving health, safety, children, students, legal matters, finances, employment, education, or relationships.
You agree not to enter highly sensitive personal information into AI Features unless the feature specifically asks for it and our Privacy Policy explains how it will be processed. This includes, for example, Social Security numbers, financial account details, medical records, diagnoses, therapy notes, child-identifying details, classroom records, passwords, and confidential third-party information.
You may not use AI Features to generate or request content that is unlawful, harmful, abusive, deceptive, discriminatory, harassing, sexually explicit, exploitative of children, self-harm-promoting, violent, or otherwise violates these Terms.
We may use automated and human review, safety filters, moderation, logging, and analytics to operate, improve, secure, and monitor AI Features, subject to our Privacy Policy and applicable law.
You understand that similar or identical AI outputs may be generated for different users. We do not guarantee exclusive rights in AI-generated outputs.
7. User Content, Journals, and Reflections
The Service may allow you to enter, upload, store, or generate content, including journal entries, reflections, goals, mood selections, context selections, notes, messages, images, classroom or family observations, and AI prompts (“User Content”).
You retain ownership of your User Content, subject to the rights you grant us in these Terms. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and use your User Content solely as needed to operate, provide, secure, personalize, support, and improve the Service, and as otherwise described in our Privacy Policy.
You represent that you have the rights and permissions necessary to submit your User Content and that your User Content does not violate any law, privacy right, intellectual property right, school policy, employment obligation, confidentiality obligation, or third-party right.
You should not submit personal information about children, students, patients, clients, colleagues, or family members unless you have the legal right and appropriate consent to do so.
8. Child-Facing Content and Use With Children
Some parts of the Service may include simplified explanations, reflection questions, exercises, or activities that adults may choose to share with children. These materials are tools for adult-guided learning and modeling, not unsupervised child services.
If you use the Service with a child or student, you are responsible for supervision, context, emotional safety, consent where required, and compliance with applicable laws, school rules, privacy obligations, and professional duties.
Teachers, schools, districts, coaches, therapists, and organizations must ensure they have appropriate authority and consent before using the Service with children, students, clients, employees, or groups.
9. Subscriptions, Purchases, Billing, and Taxes
The Service may offer free content and paid content, subscriptions, courses, downloads, or other purchases. Prices, features, renewal terms, billing periods, trial offers, and cancellation instructions will be presented at or before the time of purchase.
Unless stated otherwise at checkout, subscriptions automatically renew at the end of each subscription period until canceled. By purchasing a subscription, you authorize us, Apple, Google, Stripe, or another payment processor, as applicable, to charge your selected payment method for recurring fees, taxes, and other applicable charges.
If you purchase through the Apple App Store or Google Play, billing, cancellation, refunds, and renewal management may be handled by Apple or Google under their terms and policies. We do not control all aspects of App Store or Google Play billing.
If you purchase directly from us, you may cancel according to the instructions in your account settings or by contacting info@excellentme.app. Cancellation will stop future renewal charges, but you will generally retain access until the end of the paid billing period unless otherwise required by law or stated in a specific offer.
Deleting the app does not automatically cancel your subscription. You must cancel through the appropriate app store, payment platform, account settings, or cancellation method provided at purchase.
We may change subscription prices, features, or plans. Where required by law or platform rules, we will provide advance notice and obtain consent when required. If you do not agree to a price change, you must cancel before the change takes effect.
Refunds are provided only where required by law, required by app store policy, or expressly stated in a specific offer. For direct purchases, the applicable refund period, if any, will be stated at checkout. Nothing in these Terms limits any mandatory statutory withdrawal, refund, or cancellation rights that apply to you.
10. Promotions, Trials, and Gift Codes
We may offer free trials, discounts, promotional codes, gift codes, or limited-time offers. Specific terms may apply to each promotion. Unless otherwise stated, promotional offers have no cash value, may not be transferred, and may be withdrawn or modified at any time.
If a free trial converts into a paid subscription, we will disclose the renewal terms before you accept the trial. You must cancel before the end of the trial period to avoid being charged, unless otherwise stated or required by law.
11. Acceptable Use
You agree not to use the Service to:
- violate any law, regulation, court order, school policy, employment obligation, or third-party right;
- harass, abuse, threaten, defame, exploit, discriminate against, or harm another person;
- submit or request content involving sexual exploitation, abuse of minors, self-harm encouragement, credible threats, or illegal activity;
- impersonate another person or misrepresent your identity, affiliation, authority, or qualifications;
- upload malware, viruses, spyware, or harmful code;
- interfere with, overload, disrupt, reverse engineer, scrape, crawl, copy, or attempt to access the Service, systems, accounts, or data without authorization;
- use bots, scripts, automated tools, or data-mining techniques except as expressly permitted by us in writing;
- use the Service to develop, train, or improve a competing product, model, dataset, or service without our written permission;
- copy, distribute, resell, sublicense, commercially exploit, publicly display, or create derivative works from the Service or content except as expressly allowed in these Terms;
- remove proprietary notices or misrepresent the source of any content;
- share content from the Service in a way that suggests we endorse you, your business, your school, or your organization without written permission.
12. Intellectual Property
The Service, including its software, design, user interface, text, audio, video, images, exercises, activities, courses, frameworks, lesson structures, prompts, character-strength materials, logos, trademarks, trade names, databases, and all related intellectual property, is owned by us or our licensors and is protected by copyright, trademark, trade secret, and other laws.
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal, non-commercial use, or for internal educational or family use where expressly permitted by your subscription or written agreement.
No rights are granted except as expressly stated in these Terms. We reserve all rights not expressly granted.
Excellent Me is not affiliated with, endorsed by, sponsored by, or officially connected to any third-party organization unless expressly stated. Any third-party trademarks, names, or materials remain the property of their respective owners. You may not copy, modify, or reuse third-party proprietary assessments, surveys, reports, logos, or materials through the Service unless you have the necessary rights.
13. Feedback
If you provide ideas, suggestions, corrections, improvements, or other feedback about the Service (“Feedback”), you grant us a perpetual, worldwide, irrevocable, royalty-free license to use, copy, modify, distribute, and commercialize that Feedback for any purpose without obligation to compensate you.
14. Third-Party Services and Links
The Service may include links to third-party websites, platforms, content, payment processors, app stores, AI providers, learning platforms, analytics providers, videos, books, music, or other resources. We do not control and are not responsible for third-party services, content, policies, security, accuracy, availability, or practices.
Your use of third-party services may be subject to separate terms and privacy policies. You are responsible for reviewing and complying with those terms.
15. Privacy
Our collection, use, storage, sharing, and protection of personal information are described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.
Because the Service may involve mood, reflection, family, teaching, or well-being information, you should read the Privacy Policy carefully before using the Service. Do not submit information you are not comfortable sharing under the Privacy Policy.
If we offer the Service in jurisdictions with additional privacy requirements, such as California, other U.S. states, the European Economic Area, the United Kingdom, or Canada, additional privacy disclosures or rights may apply as described in the Privacy Policy.
16. Data Security
We use reasonable administrative, technical, and organizational measures designed to protect the Service and the information we process. However, no app, website, system, transmission, or storage method is completely secure. You use the Service at your own risk.
You are responsible for using a secure device, protecting your login credentials, and promptly notifying us of suspected unauthorized access.
17. App Store Terms
If you downloaded the app from the Apple App Store, you acknowledge that these Terms are between you and us, not Apple. Apple is not responsible for the app or its content and has no obligation to provide maintenance or support for the app. Apple and its subsidiaries are third-party beneficiaries of these Terms to the extent required by Apple’s applicable terms.
If you downloaded the app from Google Play, your use of the app may also be governed by Google Play’s terms and policies. Google is not responsible for providing support for the app unless required by its own policies.
18. Termination and Suspension
You may stop using the Service at any time. You may delete your account or request account deletion according to the instructions in the Service or Privacy Policy, subject to legal, security, billing, and operational retention requirements.
We may suspend or terminate your access to the Service at any time if we reasonably believe that you violated these Terms, created risk or liability, misused the Service, infringed rights, failed to pay fees, or engaged in unlawful or harmful conduct.
Upon termination, your right to use the Service will end. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution, and payment obligations.
19. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND COURSE OF DEALING.
WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS, ACHIEVE ANY PARTICULAR RESULT, BE ERROR-FREE, BE UNINTERRUPTED, BE SECURE, OR THAT ANY CONTENT OR AI OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, SAFE, OR APPROPRIATE FOR YOUR SITUATION.
Some jurisdictions do not allow certain disclaimers, so some disclaimers may not apply to you.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCELLENT ME AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE DAMAGE, PERSONAL DECISIONS, FAMILY OR CLASSROOM OUTCOMES, OR RELIANCE ON CONTENT OR AI OUTPUTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $100.
The limitations above apply regardless of the legal theory, whether based on warranty, contract, statute, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.
21. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Excellent Me and its owners, directors, officers, employees, contractors, affiliates, licensors, service providers, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: your use or misuse of the Service; your User Content; your violation of these Terms; your violation of law or third-party rights; your use of the Service with children, students, employees, clients, or groups; or your reliance on or application of content or AI outputs.
22. U.S. Consumer Rights and State-Specific Notices
Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws.
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Automatic renewal, trial, subscription, cancellation, and refund rights may vary by state. We intend to provide clear renewal terms, obtain required consent, send notices where required, and provide cancellation methods required by applicable law.
23. Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It may affect your legal rights.
Before filing a claim, you agree to first contact us at info@excellentme.app and provide a written description of the dispute, the relief requested, and your contact information. We will try to resolve the dispute informally within 30 days.
Except for claims that may be brought in small claims court or claims for injunctive relief relating to intellectual property or unauthorized access, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules.
You and we agree that disputes will be resolved only on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action, to the maximum extent permitted by law.
You may opt out of this arbitration agreement by sending written notice to info@excellentme.app within 30 days after first accepting these Terms. Your notice must include your name, account email, and a clear statement that you opt out of arbitration.
If this arbitration provision is found unenforceable in whole or in part, the unenforceable portion will be severed and the remainder will remain in effect to the maximum extent permitted by law.
24. Governing Law and Venue
These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles, except that the Federal Arbitration Act may govern the interpretation and enforcement of the arbitration agreement above for U.S. users to the extent applicable.
For any dispute not subject to arbitration, you and we consent to the jurisdiction and venue of the competent courts in The Hague, the Netherlands, unless applicable law gives you a mandatory right to bring a claim in another forum.
25. International Users
We operate the Service from the Netherlands. If you access the Service from outside the Netherlands, you are responsible for complying with local laws. We make no representation that the Service is appropriate or available in every country or region.
Additional terms, privacy rights, or consumer rights may apply based on where you live.
26. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, changing the “Last Updated” date, sending an email, providing an in-app notice, or using another legally appropriate method.
Your continued use of the Service after updated Terms become effective means you accept the updated Terms. If you do not agree, you must stop using the Service and cancel any subscription.
27. Electronic Communications
You agree that we may communicate with you electronically, including by email, in-app messages, push notifications, account notices, and website notices. Electronic communications satisfy any legal requirement that communications be in writing, to the maximum extent permitted by law.
28. Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.
29. Severability; No Waiver; Entire Agreement
If any provision of these Terms is found invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
These Terms, together with the Privacy Policy and any additional terms presented for specific features, purchases, or subscriptions, constitute the entire agreement between you and us regarding the Service.
30. Contact
If you have questions about these Terms, please contact us:
Excellent Me App VOF
Attn: Legal / Customer Support
Laan van Vredenoord 33, 2289 DA Rijswijk, The Netherlands
Email: info@excellentme.app
Website: excellentme.app