These General Terms and Conditions of Use (“ToU”) apply to access to and use of the Konstruct mobile application and website (the “Service(s)”), owned by Konstruct Labs SA ("Konstruct", "We", "Our"), by the users ("User(s)", "You", "Your").
The provisions of these ToU apply to all Your use of the Services, including where You visit the Services, regardless of Your capacity (individual or professional), Your location, the means by which You connect to the Services, and the purpose of Your access.
Accordingly, You undertake to review these ToU before using the Services. To use all or part of the Services, You should read and accept these ToU. You undertake to comply with them each time You use the Services. If you do not agree to be bound by these ToU, you must not access or use the Services.
Processing of personal data is governed by our Privacy Policy.
Legal Information
The publisher of the Services is Konstruct Labs SA, with registered offices at Cours des Bastions 13, c/o ExpertFid & Audit SA, 1205 Genève, Switzerland, registered with the Trade and Companies Register of Geneva under number CHE-242.120.332, with capital of CHF 100,000, email support@konstructapp.com.
The Services are hosted by
Access to the Services
The User is informed of the risks inherent in the Internet, particularly regarding security failures in data transmission, and lack of guaranteed continuity in access to the Services. Under no circumstances shall Konstruct be held liable for such risks and their consequences.
Each User is responsible for taking all appropriate measures to protect their own data, software and hardware against contamination by viruses or other attacks that may circulate through the Internet.
The User remains solely responsible for the methods and consequences of accessing the Services. Such access may involve payment of connection fees to technical providers, including Internet access providers or electronic communication operators. Such fees remain at the User’s expense.
Furthermore, the User remains fully responsible for using the equipment necessary to access the Services.
Account Creation
Creating an account (“Account”) is mandatory to access the Services. You must be 16 years of age or older to access or use the Services, unless consent is given or authorized by the holder of parental responsibility over the child.
Users may create an Account by completing a registration form for the Services or by connecting through one of their social media accounts: Google, Apple, or Facebook.
To create an Account through the registration form, the User must provide, among other things, an email address, choose a password, and confirm acceptance and acknowledgment of the ToU.
Once registration is complete, an email is sent to confirm the User’s email address.
The User may create and hold only one Account per email address.
The password chosen by the User is processed by Konstruct in encrypted form. The User is responsible for keeping their password confidential.
The User is solely responsible for the use of their Account and password. Any use of the Services, connection, or data transmission through the User’s Account shall be presumed to have been made by the User and under their exclusive responsibility, unless Konstruct receives a written notice to the contrary from the User.
The User responsible for maintaining the confidentiality of the User’s Account credentials and for all uses of the Account credentials, whether authorised by the User or not. The User shall notify Konstruct as soon as the User becomes aware of any unauthorized use of the Account credentials, or any other breach of security involving access to the Services through the Account credentials. The User will be liable for any loss or harm incurred by Konstruct or any other person or entity due to someone else using the User’s Account credentials as a result of the User failing to take reasonable steps to keep the Account information secure and confidential.
Konstruct has no power to verify the truthfulness of the information provided by the User when creating an Account. Consequently, Konstruct cannot be held liable for false declarations or identity theft by the User.
AI Features
Certain features of the Services rely on artificial intelligence systems to generate personalized content, suggestions, simulations, or responses. Such outputs are generated by AI and may be incomplete, inaccurate, inappropriate, or not suitable for the User’s particular circumstances.
The AI features are provided for informational, educational and entertainment purposes only and do not constitute medical, psychological, therapeutic, legal or professional advice. Users remain solely responsible for evaluating and acting upon any AI-generated content.
Konstruct does not guarantee the accuracy, reliability, or suitability of AI-generated outputs and shall not be liable for decisions, actions, or consequences resulting from reliance on such outputs.
The Services are not intended to diagnose, treat, cure or prevent any mental health condition and are not a substitute for therapy, medical care, or professional psychological support. If You are experiencing distress, crisis, or mental health issues, You should seek qualified professional help immediately.
User Fees, Payment And Termination
We will provide information on our current Services subscription pricing on the Konstruct application and/or by other means through our Services. Features and prices are subject to change, subject to what is permissible under applicable laws.
When a User registers an Account, the User will have the option to have a free three (3) day trial period for accessing the Services under the Yearly subscription (“Trial Period”) under these ToU. Following the end of the Trial Period, the User will be automatically subscribed onto a rolling annual subscription plan for the Services which shall continue until the User opts to cancels subscription by using the cancel subscription button directly on the App Store. The user has the option to enroll I into a monthly subscription, which also renews automatically at the end of the period, or buy access to the Services with a lifetime one-off purchase. We reserve the rights to change plans and pricing at any moment.
Once You have chosen a paid-for subscription service or purchase, and if You have a credit or debit card or similar payment method registered with Us, You will be notified of any recurring payments by email through Your subscription and App Store service. If You would not like Your subscription to auto-renew for the next year, You will need to provide Us with 1 (one) month’s notice prior to the start date of the next year’s subscription service. Applicable fees for the Services shall be paid in advance for each year. All fees stated in the payment process are inclusive of VAT or other applicable sales taxes, unless otherwise stated.
You will be notified of any price increase applicable to the Services You are paying for by email and will be able to cancel your subscription through the relevant app store account settings or through the cancellation functionalities made available in the Services, where applicable.
If We do not receive payment from You by the required date, We shall be entitled to suspend provision of the Services to You until You have paid any outstanding sums due to Us.
Cancellation Period
The User will at all times be permitted to cancel the Services at any time within the first fourteen (14) days of successfully registering as a User without giving any reason with no liability for payment for the services rendered within the Trial Period. The cancellation period will expire after fourteen (14) days of successfully registering as a User. To exercise the right to cancel, you must inform Us of your decision to cancel these Terms of Use by a clear statement, using one of the following methods:
· cancelling through the relevant app store account settings or through the cancellation functionalities made available in the Services, where applicable, or
· notice of cancellation by email at support@konstructapp.com in the following (or similar) form:
“To Konstruct:
I confirm that I wish to cancel my contract for the supply of the Konstruct Services, including my use of the mobile application under the Terms of Use, received on [INSERT DATE OF USER REGISTRATION]
[INSERT USER NAME],
[INSERT ADDRESS OF USER]
Date [INSERT DATE]”
On receipt of either forms of notice, We will contact You to acknowledge receipt of your intention to cancel the Services under these ToU.
By cancelling the ToU within the cancellation period, since this will have occurred during the free fourteen (14) day Trial Period, We will not be reimbursing You for any fees as We will not have received payment from You for the Services during such period.
You expressly agree to immediately receive the Services from Us under these ToU following successful User Account registration and/or accessing the Services and thereafter until You choose to terminate your subscription plan and/or these ToU.
User Rights and Obligations
The User undertakes to comply with these ToU and all applicable laws and regulations when using the Services.
It is reminded that fraudulently accessing or remaining in an IT system, disrupting its operation, or fraudulently introducing or altering data are criminal offences punishable by law.
In particular, the User undertakes:
· not to compromise, damage, disable, overload, disrupt or undermine the security or operation of the Services or Konstruct’s systems;
· not to interfere with the normal functioning of the Services or use them fraudulently;
· not to use the Services unlawfully, abusively, fraudulently or maliciously, including by hacking, introducing malicious code, extracting data unlawfully, sending harmful files, or attempting unauthorized access.
When You provide information about yourself to Us, including without limitation when registering as a User, You agree to:
· provide accurate and current information about yourself, and not to provide information that attempts to impersonate another individual;
· be solely responsible for your Account activity (including the activity of any other person who You allow to use Your Account);
· keep Your Account credentials secure and not disclose them to anyone;
· notify Us of any breach of security or unauthorized use of Your account; and
· maintain and promptly update such information to keep it accurate and current.
User Liability
The User is liable for any damages, whether material or immaterial, direct or indirect, caused to Konstruct or any third party, as a result of unlawful use or exploitation of the Services and/or any of their elements, regardless of the cause or place where such damage occurs.
Konstruct cannot be held liable for any damage or harm arising directly or indirectly from the User’s breach of these ToU.
In the event of a breach of these ToU, Konstruct reserves the right to suspend, temporarily or permanently, access to and use of the Services. Failure to comply with applicable regulations and these ToU may engage the User’s civil and/or criminal liability.
Liability of Konstruct
Konstruct provides the Services on an “as is” and “as available” basis and uses reasonable care to maintain their availability, security and functionality.
However, Konstruct does not guarantee that the Services will be uninterrupted, error-free, secure, or always available. Temporary interruptions may occur for maintenance, updates, technical issues or events beyond Konstruct’s control.
To the fullest extent permitted by applicable law, Konstruct shall not be liable for any indirect, incidental or consequential damages arising from or in connection with the use of, or inability to use, the Services, including loss of data, loss of opportunity, loss of profits or business interruption.
Nothing in these ToU excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Intellectual Property
Konstruct Content
All elements of the Services (structure, data, texts, images, databases, graphics, icons, photos, logos, videos, sounds, trademarks, software, etc.) (“Konstruct Content”) are the exclusive intellectual property of Konstruct or its partners.
Users are authorized only to consult the information made available online and use the functionalities offered.
All reproduction rights are reserved.
No Konstruct Content may be reproduced or represented, in whole or in part, on any medium, without prior written authorization.
We grant You a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive right to access and use the Services and Konstruct Content in accordance with these ToU. The Services and Konstruct Content are licensed, not sold, to You by Us. You must not use the Services or any Konstruct Content other than for its intended purpose.
You must not, nor enable any other person to, modify the Services or any of the Konstruct Content nor copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, rent, provide service bureau or time sharing services, or sell the Services or any Konstruct Content. In addition, you must not, nor enable any other person to, (i) remove or destroy any proprietary markings of Konstruct or any third party that may appear on any components of the Services or any Konstruct Content, or (ii) reverse engineer, disassemble, decompile, adapt, decode or otherwise attempt to or actually derive, gain access to, view or use in any manner the source code of the Services, in whole or in part.
Failure to comply constitutes infringement and may incur civil and/or criminal liability.
User Content
Konstruct may reproduce, publish and distribute on the Services comments and/or reviews provided by Users of the Services in publicly available resources (e.g. in the App Store).
Konstruct benefits from a free right of use, reproduction and representation of any comment provided by the User, for all types of media and uses related to the Services, for the duration of intellectual property rights.
Users are solely responsible for any content they post, share or make available through community features. Konstruct reserves the right to moderate, remove or suspend access to such content at its sole discretion.
Updates
The Services may be updated, modified or improved from time to time, including to maintain security, improve functionality, adapt to technical developments, or ensure compliance with applicable law.
We will provide You with updates, including security updates, that are necessary to maintain the conformity of the Services, where required by applicable law. We may inform You of such updates in advance where appropriate. If You fail to install such updates within a reasonable time after being informed, the Services may no longer function properly or remain compliant, and We shall not be liable for any resulting lack of conformity to the extent permitted by applicable law.
We may also implement updates, upgrades or other modifications to the Services that are not strictly necessary to maintain conformity, provided that such modifications are made for a valid reason, including improving the Services, adding new features, adapting to technical requirements, or responding to changes in our business operations.
Where such modifications are likely to negatively impact Your access to or use of the Services, We will inform You in advance in a clear and understandable manner of the characteristics and timing of the modification. In such cases, You may have the right to terminate these ToU in accordance with applicable law, unless the negative impact is only minor.
In some circumstances We may need you to download an updated version of the Services in order for you to continue accessing the information, materials, products and services made available through the Services.
Modifications of the ToU
Konstruct may modify the content of the Services or these ToU at any time, or temporarily/permanently cease operating all or part of the Services.
Any navigation on or use of the Services implies acceptance of the latest version of the ToU.
Konstruct will inform Users by any means, including email or notice on the Services, of any significant changes to the ToU and/or Services. Your continued use of the Services will constitute Your acceptance of any new or amended ToU and/or updates.
Applicable Law and Disputes
These ToU and the Services are governed by Swiss law, notwithstanding multiple defendants and subject to mandatory international consumer protection rules.
In case of dispute, the User may contact Konstruct by post or email. The parties will seek an amicable resolution.
Any dispute arising from these ToU that cannot be resolved amicably shall fall under the jurisdiction of the competent courts.
Miscellaneous
The document reproducing these ToU is stored on a durable medium in a form recognized as reliable. The User may copy, save or print these ToU at any time.
Failure by Konstruct to enforce any provision at any time shall not affect its right to enforce it later.
If any provision is declared unlawful, invalid or unenforceable, it shall be deemed unwritten, and the remaining provisions shall remain in force.
Invalid terms shall be replaced by terms closest to the original intent.
Contact
If You wish to obtain further information about the Services, or have any questions, please contact Us by email at support@konstructapp.com.
