End Suffer — Terms of Service (Terms & Conditions)

Effective date: [Effective date] Last updated: [Effective date]

Template notice — not yet legal advice. This document is a comprehensive drafting template prepared for End Suffer Pty Ltd. Bracketed items in the form [LIKE THIS] are business-specific facts that must be completed before publication. This template must be reviewed and finalised by a qualified Australian lawyer (and checked against the consumer-protection laws of the other jurisdictions where the app is offered) before it is published at endsuffer.com/terms or relied upon. Nothing in this document is itself legal advice.

These Terms of Service (“Terms”) are a binding agreement between you (“you”, “your”, or “User”) and End Suffer Pty Ltd (ABN [ABN]), a company registered in Australia with its registered office at [Registered office address] (“End Suffer”, “we”, “us”, or “our”).

The Terms govern your access to and use of the End Suffer mobile application for iOS and Android (the “App”), the website at endsuffer.com, and all related content, audio, features, and services we make available (together, the “Services”).

Please read these Terms carefully. By creating an account, downloading, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy (available at endsuffer.com/privacy), which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

1. Introduction & Acceptance

1.1 The Services provide guided and unguided meditation, contemplative-practice audio, educational content, personalised practice suggestions, progress tracking, and related wellness features.

1.2 The App is published for iOS and Android only and is downloaded through the Apple App Store and Google Play. Your use of those stores is also subject to their respective terms (see Section 12).

1.3 The Services are available to users worldwide. We make no representation that the Services or any particular content are appropriate, lawful, or available for use in every location. You are responsible for complying with the laws of your own jurisdiction, and you may not use the Services where doing so would be unlawful.

1.4 These Terms, together with the Privacy Policy and any additional terms presented at the point of use (such as subscription and trial disclosures on the purchase screen), form the entire agreement between you and End Suffer regarding the Services.

2. Eligibility & Accounts

2.1 Minimum age. You must be at least 18 years old to create an account and to accept these Terms. By using the Services, you represent and warrant that you are 18 or older. The Services are not directed to children, and we do not knowingly collect personal information from anyone under 18. (Note: the App’s store age rating reflects the presence of certain optional contemplative imagery — see Section 3 — and is a separate matter from this account-eligibility requirement.)

2.2 Account creation. You may create an account using a supported sign-in method (for example, Google, Apple, or email and password). Email sign-ups require verification via a one-time code we send to your email address.

2.3 Accurate information. You agree to provide accurate, current, and complete information and to keep it up to date. Your account email is fixed after sign-up; to change it, contact us via in-app Contact Support.

2.4 Account security. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly of any unauthorised use. We are not liable for any loss arising from your failure to safeguard your credentials.

2.5 One account; no sharing. Your account is personal to you. You may not sell, transfer, share, or licence your account or account access to any other person.

3. Health, Wellness & Medical Disclaimer

This section is important. Please read it in full.

3.1 Wellness, not medical care. End Suffer is a meditation and contemplative-wellness service. The Services, including all audio, text, guidance, and personalised suggestions, are provided for general educational and wellness purposes only. They are not medical, psychological, psychiatric, or other professional health advice, diagnosis, or treatment, and are not a substitute for professional care.

3.2 Consult a professional. Always seek the advice of a qualified health provider with any questions you have regarding a medical or mental-health condition. Never disregard, avoid, or delay obtaining professional advice because of anything you have accessed through the Services. If you think you may have a medical or mental-health emergency, contact your local emergency services immediately.

3.3 Suitability and risk. Meditation and contemplative practices are not suitable for everyone and may, for some people, surface difficult thoughts, emotions, memories, or physical sensations. You undertake all practice voluntarily and at your own risk. If you have, or suspect you have, any physical or mental-health condition, consult a qualified professional before beginning. Stop practising and seek appropriate help if you experience distress, disorientation, or any adverse effect.

3.4 No results guaranteed. Individual experiences vary. We do not represent, warrant, or guarantee any specific outcome, benefit, or result from using the Services.

3.5 Sensitive contemplative imagery. Certain traditional practices offered in the Services (for example, contemplation of the body — asubha-bhāvanā and kāyagatāsati) include realistic imagery that some users may find confronting. This imagery is optional and hidden by default. Before it is shown, you are given a clear content warning and may choose to reveal it, to continue audio-only without the image, or to skip it; your choice is reversible. By choosing to reveal such imagery you confirm you are willing to view it.

4. Subscriptions, Free Trial & Billing

4.1 Free and paid content. Some content is always free. Access to the full library requires a paid subscription. A limited set of Free Techniques remains available to all users regardless of subscription status.

4.2 Subscription plans. We offer subscription plans (for example, monthly and yearly). The current plans, prices, and any free-trial terms are shown in the App at the point of purchase. Prices are displayed in your local currency where available and may vary by region and over time.

4.3 Free trial. We may offer a free trial (for example, 7 days). Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged. Trial eligibility may be limited (for example, to users who have not previously trialled), determined by the applicable app store. If a trial is not available to you, the plan begins as paid.

4.4 Auto-renewal. Subscriptions automatically renew for successive periods at the then-current price until cancelled. You authorise the applicable app store to charge your payment method for each renewal unless you cancel.

4.5 Billing through the app stores. All purchases are processed by Apple (App Store) or Google (Google Play) through your store account, subject to that store’s terms and payment policies. We do not receive or store your full payment-card details.

4.6 Cancellation. You can cancel at any time through your app store account settings (not within the App). To avoid being charged for the next period, cancel at least 24 hours before the current period or trial ends. After cancelling, you retain access until the end of the paid period already purchased.

4.7 Price changes. We may change subscription prices. Where required, changes to a renewing subscription will be notified to you in advance and, where the store requires, will take effect only after your consent or on renewal. You may cancel before a change takes effect.

4.8 Refunds. Because purchases are processed by the app stores, refund requests are handled under the applicable store’s refund policy (Apple or Google). We do not directly process store payments and generally cannot issue refunds for store purchases. This clause does not limit any rights you have under the Australian Consumer Law or other mandatory consumer-protection laws (see Sections 13 and 14).

4.9 Deleting your account does not cancel billing. Deleting your End Suffer account does not automatically cancel or refund a subscription purchased through an app store. You must cancel the subscription separately in your app store account, or you may continue to be charged.

5. Licence to Use Content

5.1 Our licence to you. Subject to your compliance with these Terms and, where applicable, an active subscription, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services and their content for your own personal, non-commercial use.

5.2 Offline downloads. Where the App lets you download content (for example, sessions for offline use), that content is licensed, not sold, and is provided solely for your personal offline use within the App. Certain assets (such as bundled background soundscapes and the closing bell) are provisioned to your device to enable offline practice and are not separately transferable.

5.3 Restrictions. Except as expressly permitted by these Terms or by mandatory law, you must not, and must not permit others to: copy, reproduce, distribute, publicly perform or display, broadcast, sell, rent, sub-licence, or otherwise exploit the content; modify or create derivative works; reverse engineer, decompile, or disassemble any part of the Services; remove or alter any proprietary notices; use any automated means (bots, scrapers, crawlers) to access or monitor the Services; circumvent, disable, or interfere with security features, access controls, or signed content URLs; or use the Services to build a competing product.

5.4 Reservation of rights. All rights not expressly granted to you are reserved by End Suffer and its licensors.

6. Your Content

6.1 What it is. The Services let you create content such as journal entries, after-session reflections and feedback, and mood/practice logs (“Your Content”).

6.2 Ownership. You retain ownership of Your Content.

6.3 Licence to us. You grant End Suffer a limited, worldwide, royalty-free licence to host, store, back up, reproduce, and process Your Content solely to operate, maintain, secure, and provide the Services to you — including, in a privacy-protective and de-identified way, to generate your personalised practice suggestions (see Section 7). This licence is limited to running the Services and does not grant us the right to publish Your Content publicly or use it for marketing. It ends when Your Content is deleted from our live systems, subject to routine backups and any retention required by law.

6.4 Your responsibility. You are solely responsible for Your Content and represent that you have the rights to it and that it does not infringe any third-party rights or violate any law. Do not enter content that is unlawful, or that you are not comfortable storing.

6.5 No reliance for emergencies. The journal and feedback tools are personal reflection features. They are not monitored in real time and must not be used to seek help in a crisis or emergency (see Section 3.2).

6.6 Removal. We may remove or restrict content that we reasonably believe violates these Terms or applicable law, but we are not obliged to monitor Your Content.

7. AI-Personalised Path (“Your Path”)

7.1 What it is. The Services include a personalised practice roadmap (“Your Path”). It is produced using a combination of deterministic scoring of your onboarding responses and automated / AI-generated suggestions based on de-identified signals from your practice (such as aggregated, recency-weighted feedback and a non-identifying summary of your reflections).

7.2 Privacy safeguard. We do not send your name, email, raw journal text, or other identifying information to any AI model. Only a de-identified profile, anonymised aggregate signals, and our catalogue of techniques are used to generate suggestions. See the Privacy Policy for details.

7.3 Informational only. Your Path and any AI-assisted output are suggestions for your consideration only. They are automatically generated, may be incomplete, inaccurate, or unsuitable for you, and are not professional advice (see Section 3). You decide what to practise, and you use the suggestions at your own discretion and risk.

7.4 Availability and fallback. Personalisation depends on services that may be unavailable or may fail. Where automated generation is unavailable, we may provide a standard, non-personalised path so that you are never left without a practice sequence. We do not guarantee that personalisation will always be available or produce any particular result.

8. Privacy & Data Protection

8.1 Privacy Policy. Our collection and handling of personal information is described in our Privacy Policy (endsuffer.com/privacy), which forms part of these Terms. By using the Services you acknowledge that Policy.

8.2 Service providers. To operate the Services we rely on reputable third-party providers, described here by function only: cloud hosting and database, content delivery, subscription and payment processing, push-notification and email delivery, product analytics, and automated/AI processing. These providers handle data only as needed to provide their function and under appropriate obligations. We do not identify individual vendors in these Terms.

8.3 Mood and practice analysis. As described in Section 7 and the Privacy Policy, your after-session feedback and a non-identifying summary of your reflections are used to personalise Your Path. No raw reflection text or identifying information is used to do this, and none is sent to any AI model.

8.4 Your rights. Subject to applicable law, you may access, correct, export (data portability), and delete your personal information. You can delete your account and associated personal data at any time from within the App (Settings → Delete Account); deletion is permanent and irreversible. Deletion does not cancel app-store subscriptions (see Section 4.9).

8.5 Consent and marketing. Functional messages (such as practice reminders and Daily Wisdom you have enabled) are separate from marketing communications, which are off by default and sent only if you opt in. You can change any of these choices, and opt out of product analytics, at any time in the App. See Section 9.

9. Notifications & Communications

9.1 Functional notifications. If you enable them, we may send functional notifications by push and/or email — for example, Daily Wisdom messages and practice/streak reminders — at the times you choose. You control these in the App and at the operating-system level.

9.2 Transactional messages. We may send you service and account messages (for example, verification codes, security notices, and important changes to the Services or these Terms). These are necessary to provide the Services.

9.3 Marketing. Marketing communications (such as product announcements, offers, and promotions) are opt-in and off by default. You can withdraw consent at any time via the App’s notification settings or an unsubscribe link.

9.4 Standard rates. Message and data rates from your carrier or provider may apply to notifications and downloads.

10. Acceptable Use

You agree not to, and not to attempt to or assist anyone else to: (a) use the Services for any unlawful, harmful, or fraudulent purpose; (b) infringe our or any third party’s intellectual-property, privacy, or other rights; (c) copy, scrape, harvest, or extract content or data except as expressly permitted; (d) reverse engineer, tamper with, or attempt to gain unauthorised access to the Services, accounts, or systems; (e) introduce malware or interfere with, disrupt, or overload the Services or their infrastructure; (f) resell, commercialise, or provide the Services to third parties; or (g) use the Services in any way that could damage, disable, or impair them or interfere with any other user’s use.

11. Intellectual Property

11.1 The Services and all content, software, audio, text, graphics, designs, and the “End Suffer” name, logo, and other marks are owned by End Suffer or its licensors and are protected by intellectual-property laws. Except for the limited licence in Section 5, these Terms grant you no right, title, or interest in the Services or their content.

11.2 Feedback. If you send us suggestions or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose without obligation or compensation to you.

12. Third-Party Services & App Stores

12.1 General. The Services integrate third-party platforms and stores. Your use of those is subject to their own terms, and we are not responsible for third-party services, websites, or content.

12.2 Relationship with the stores. These Terms are between you and End Suffer only, and not with Apple or Google. Apple and Google are not responsible for the App or its content and have no obligation to furnish maintenance or support for it.

12.3 Apple App Store — additional terms. If you obtained the App from the Apple App Store, the following apply to the extent of any conflict with the rest of these Terms:

• Your licence to use the App is a non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the Apple Media Services / App Store Terms.
• Apple has no obligation to provide maintenance or support for the App.
• To the maximum extent permitted by law, Apple has no warranty obligation for the App; in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any), and Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability, regulatory, or consumer-protection claims; such claims are governed by these Terms and applicable law between you and End Suffer.
• Apple is not responsible for the investigation, defence, settlement, or discharge of any third-party intellectual-property infringement claim relating to the App.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12.4 Google Play — additional terms. If you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service. As between End Suffer and Google, End Suffer is solely responsible for the App, and Google has no responsibility or warranty obligation for it.

13. Disclaimers of Warranties

13.1 To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis, and we disclaim all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or that content will be accurate or complete.

13.2 Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (“ACL”) and comparable mandatory consumer-protection laws in other jurisdictions. Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy you have under those laws where it cannot lawfully be excluded. The disclaimers and limitations in these Terms apply only to the extent permitted by such laws.

13.3 The following statement is required by the ACL for consumers in Australia: For services, if you are a consumer under the ACL, you are entitled to have the services supplied with due care and skill and to the other consumer guarantees that apply. Where a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion. You are also entitled to compensation for any other reasonably foreseeable loss or damage. If the failure amounts to a major failure, you are entitled to a refund for the unused portion, or to compensation for its reduced value, and to compensation for any other reasonably foreseeable loss or damage.

14. Limitation of Liability

14.1 Subject to Section 13.2 (mandatory consumer guarantees), and to the maximum extent permitted by law:

(a) End Suffer and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or anticipated savings, arising out of or relating to the Services or these Terms, however caused; and

(b) our total aggregate liability arising out of or relating to the Services or these Terms is limited to the greater of (i) the total amount you paid to us or through the app stores for the Services in the twelve (12) months before the event giving rise to the liability, or (ii) AUD $100.

14.2 Where liability for a breach of a non-excludable consumer guarantee can lawfully be limited, our liability is limited (at our option) to re-supplying the relevant services or paying the cost of having them re-supplied.

14.3 Nothing in these Terms limits liability that cannot be limited or excluded by law (including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation).

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless End Suffer and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and reasonable expenses (including legal fees) arising out of or connected with: (a) your misuse of the Services; (b) your breach of these Terms; (c) Your Content; or (d) your infringement of any third-party right or applicable law. This clause does not apply to the extent a loss is caused by our own breach, negligence, or wrongful act.

16. Suspension & Termination

16.1 By you. You may stop using the Services at any time and may delete your account from within the App (see Section 8.4).

16.2 By us. We may suspend or terminate your access to the Services, in whole or in part, with or without notice, if you breach these Terms, if we reasonably believe your use is unlawful or harmful to others or to the Services, or if we are required to do so by law. Where reasonable and lawful, we will give you notice.

16.3 Effect. On termination, your right to use the Services ends and you must stop using them and delete any downloaded content. Sections that by their nature should survive (including Sections 5.3–5.4, 6.2, 11, 13, 14, 15, 18, and 19) survive termination.

16.4 Changes to the Services. We may modify, suspend, or discontinue any part of the Services at any time. Where a paid feature is discontinued, your rights under the ACL and other mandatory consumer laws are unaffected.

17. Changes to the Terms

17.1 We may update these Terms from time to time. When we make material changes, we will take reasonable steps to notify you (for example, in the App or by email) and will update the “Last updated” date.

17.2 Changes take effect on the date we specify. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services and may delete your account.

18. Governing Law & Dispute Resolution

18.1 Governing law. These Terms are governed by the laws of [State/Territory], Australia, without regard to conflict-of-laws principles, and by applicable Australian federal law.

18.2 Talk to us first. If you have a concern, please contact us first via in-app Contact Support or at [support email — e.g. support@endsuffer.com]. We will try in good faith to resolve it promptly and informally.

18.3 Courts. Subject to Section 18.4, you and End Suffer submit to the non-exclusive jurisdiction of the courts of [State/Territory], Australia, and the courts competent to hear appeals from them. The jurisdiction is non-exclusive so that consumers may also bring proceedings in the courts of their own country of residence where mandatory local law so allows.

18.4 Your local consumer rights. If you use the Services outside Australia, you may benefit from mandatory consumer-protection provisions of your country of residence. Nothing in this Section deprives you of the protection of those mandatory laws, and you may have the right to bring a claim in your local courts. We do not require binding arbitration or ask you to waive any right to participate in class or representative proceedings.

18.5 Each party will bear its own costs except as a court may order or mandatory law provides.

19. Miscellaneous

19.1 Severability. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.

19.2 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and End Suffer regarding the Services and supersede prior agreements on that subject.

19.3 No waiver. Our failure to enforce any provision is not a waiver of it or of any other provision.

19.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, for example in connection with a merger, acquisition, or sale of assets, on notice to you; your rights under mandatory consumer law are unaffected.

19.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

19.6 Electronic communications. You consent to receive communications from us electronically, and you agree that electronic notices satisfy any legal requirement that such communications be in writing.

19.7 Notices. Notices to you may be given in the App or by email to your account address. Notices to us must be sent to the contact details in Section 20.

20. Contact Us

End Suffer Pty Ltd ABN: [ABN] Registered office: [Registered office address] Support: in-app Settings → Contact Support, or [support email — e.g. support@endsuffer.com] Website: endsuffer.com

These Terms were last updated on [Effective date]. This document is a drafting template and must be reviewed by a qualified Australian lawyer before publication.