Terms of Service

1. Who we are and what these terms govern

The Aku service (the "App" or the "Service") is provided by Mattia Peirano, hearing care professional, self-employed practitioner, with registered office at Via Ugo Bassi 22, 20159 Milan, Italy, VAT no. IT01640360085, Italian tax code PRNMTT92S17D969H, contact email: privacy@aku-app.com (the "Provider").

These Terms of Service govern your use of the App ("you" or the "User"). By downloading, signing up to, or using Aku, you confirm that you have read and accepted them. If you do not accept them, do not use the App.

2. What Aku is — and what it is not

Aku is a wellness application designed to support adults living with tinnitus in their daily lives. Aku offers: a conversational companion based on artificial intelligence, sounds for relaxation and listening comfort, wellbeing exercises, tools for self-observation of your own wellbeing, and informational content.

If you have recently developed tinnitus, experience a sudden drop in hearing, pulsatile tinnitus, dizziness, or other symptoms, see a doctor promptly. In an emergency, call 112 (or your country's emergency number).

The conversational companion's responses are generated by an artificial intelligence system: they are intended for support and wellbeing purposes, may contain errors, inaccuracies, or outdated information, and do not constitute medical, psychological, legal, or other professional advice. The App's content, including AI responses, must never be used as the sole basis for decisions concerning your health. In particular, do not use the App: in emergencies; to obtain diagnoses, prescriptions, or treatment plans; or as a substitute for the advice of a healthcare professional. Always verify health-relevant information with a qualified professional.

3. Requirements for use

• Be at least 18 years old
• Have a compatible device and an internet connection
• Create an account with truthful information via email, Apple, or Google

Headphones or earphones are recommended for some audio features. Always use a moderate volume: prolonged listening at high volume can damage your hearing.

4. Account

You are responsible for keeping your credentials confidential and for the activity carried out through your account. The account is personal and non-transferable. You can delete your account at any time from the App settings; deletion results in the erasure of your data as described in the Privacy Policy.

5. Subscription, free trial, and payments

Aku is offered as an auto-renewing subscription, available exclusively through the Apple App Store or Google Play. The price is shown in the App and in the stores before purchase.

• Free trial: upon sign-up, a 7-day free trial with full access is offered. At the end of the trial, the subscription starts and renews automatically, unless cancelled at least 24 hours before the end of the current period.
• Management and cancellation: the subscription is managed and cancelled directly from your Apple or Google account settings, following the store's procedures. Cancellation takes effect at the end of the period already paid for.
• Payments and refunds: payments are handled entirely by Apple or Google. Any refund requests also follow the procedures and policies of the store through which you purchased.
• Price changes: any price changes will be communicated in advance through the App or the store and will only apply from the next renewal. If you do not accept them, you can cancel before renewal.

6. Right of withdrawal

If you are a consumer residing in the European Union, you have in principle the right to withdraw within 14 days from the purchase of digital content and services, under applicable EU consumer law (Directive (EU) 2019/770 and its national implementations). For purchases made through the Apple App Store or Google Play, the right of withdrawal and refund requests are exercised in accordance with the procedures provided by the store, which acts as the seller or intermediary of the transaction.

By activating the free trial or the subscription and starting to use the Service immediately, you ask us to begin performance of the contract during the withdrawal period. Under applicable EU consumer law, the right of withdrawal does not apply to digital content whose performance has begun with your express agreement and your acknowledgement that you thereby lose the right of withdrawal. Any more favourable refund procedures offered by the store remain unaffected.

7. Relationship with the stores (Apple and Google)

The App is distributed through the Apple App Store and Google Play. Apple and Google are not party to the contractual relationship between you and the Provider and are not responsible for the App or its content. For the App downloaded from the Apple App Store, you acknowledge that: these Terms are concluded between you and the Provider (not Apple); Apple has no obligation to provide maintenance or support for the App; in the event of any failure to conform to applicable warranties you may notify Apple, which may refund the purchase price to you, while any other claims relating to the App are the responsibility of the Provider to the extent permitted by law; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Equivalent provisions apply, as compatible, to distribution through Google Play. Use of the App is also subject to the terms of use of the respective stores.

8. Permitted and prohibited use

You may use Aku exclusively for personal, lawful purposes. It is prohibited to:

• Use the App for purposes other than the personal wellbeing purposes intended
• Attempt to circumvent, decompile, or reverse-engineer the App, except as permitted by mandatory law
• Use the App in a way that harms the Service, other users, or third parties
• Transfer, resell, or commercially exploit the App or its content
• Deliberately submit unlawful, offensive, or harmful content in conversations
• Access the Service or its systems through bots, scraping, crawlers, automated scripts, or any unauthorised means
• Make an abnormal volume of requests, or requests liable to overload, damage, or compromise the Service or its infrastructure
• Attempt to gain unauthorised access to the accounts, systems, or data of other users or of the Provider

In the event of violations of these Terms, abnormal or abusive use, or fraudulent activity harmful to the Service or to third parties, the Provider may restrict, suspend, or close the account, with prior notice where possible, and take any further measures permitted by law.

9. Intellectual property

The App, its design, texts, sounds, exercises, the Aku trademark, and all other content are the property of the Provider or its licensors. You are granted a personal, non-exclusive, non-transferable, revocable licence, limited to using the App in accordance with these Terms. No intellectual property rights are transferred to you.

The content you submit in conversations remains yours. You grant the Provider the licence strictly necessary to deliver the Service (for example, processing your messages to generate responses), within the limits of the Privacy Policy.

The responses and other content generated by the artificial intelligence system in response to your messages (the "Outputs") are provided to you for your personal use within the Service. The Provider claims no copyright over the Outputs and does not warrant that they are original, exclusive, or protectable: similar content may be generated for other users. You are responsible for your use of the Outputs and undertake not to use them in breach of the law or of these Terms.

10. Service availability and changes

The Provider is committed to keeping the Service available and functioning, but does not guarantee the absence of interruptions, errors, or malfunctions. Temporary suspensions may occur for maintenance, updates, or technical reasons, including those attributable to third-party providers.

The Provider may modify, add, or remove App features. In the event of changes that significantly reduce the essential features of the subscribed Service, you will be informed and may cancel before the next renewal.

11. Limitation of liability

The App's content, including sounds, exercises, information, and AI-generated responses, is provided "as is", for wellbeing and support purposes. The Provider does not warrant that it is accurate, complete, up to date, or fit for a particular purpose. To the maximum extent permitted by law, the Provider is not liable for damages arising from: use of the App contrary to these Terms or its intended wellbeing purpose; decisions made by the User based on the App's content, including responses generated by artificial intelligence; interruptions or malfunctions attributable to third parties (stores, connectivity providers, cloud providers); or events of force majeure.

Nothing in these Terms excludes or limits the Provider's liability for wilful misconduct or gross negligence, nor the mandatory rights that the law grants to consumers, including the legal guarantee of conformity of digital content and services provided under EU consumer law.

12. Privacy

The processing of personal data is described in the Privacy Policy, available in the App and at www.aku-app.com/en/privacy. The Privacy Policy forms an integral part of the contractual relationship as regards personal data.

13. Changes to these terms

The Provider may update these Terms. Substantial changes will be communicated through the App with reasonable notice. Continued use of the App after the changes take effect constitutes acceptance; if you do not accept them, you may stop using the App and cancel your subscription.

14. Governing law and jurisdiction

These Terms are governed by Italian law. For disputes with consumer Users, the competent court is that of the consumer's place of residence or domicile, if located in Italy. Mandatory consumer protection rules applicable in the User's country of residence remain unaffected.

For out-of-court dispute resolution, consumer Users may have recourse to the alternative dispute resolution (ADR) procedures provided for by applicable consumer law.

15. Language

This document is an English translation provided for convenience. The Italian version of these Terms is the reference version and shall prevail in the event of any discrepancy, without prejudice to mandatory consumer protections applicable in your country of residence.

16. Final provisions

The invalidity of any individual clause does not affect the validity of the remaining Terms. The Provider's failure to exercise a right does not constitute a waiver of it. For any communication relating to these Terms, you can write to the email address indicated in Section 1.