These Terms and Conditions ("Terms") form a binding agreement between you ("you", "the user") and Kawaru ("we", "us"), operated from Belgium, regarding your use of the Florimel application and website at florimel.app (the "Service").
By creating an account or using the Service, you confirm that you have read, understood and accept these Terms and our Privacy Policy.
Order processing / Merchant of Record: Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. When you purchase a subscription, you purchase it from Paddle, and Kawaru licenses the Service to you. Paddle's Buyer Terms and Refund Policy also apply to your purchase.
You must be at least 18 years old and have the legal capacity to enter into a contract. The Service is not intended for minors.
All rights reserved. The Service, including its software, source code, design, structure, text, logos and the "Florimel" and "Kawaru" names, is owned by us and protected by intellectual property law. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal purposes while your account is active and in good standing.
You may not copy, modify, decompile, reverse-engineer, resell, sublicense, or create derivative works from the Service, except to the extent such restriction is prohibited by mandatory law.
You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us promptly at app@kawaru.eu if you suspect unauthorised access. We may suspend an account where we reasonably believe it has been compromised or used in breach of these Terms.
If a payment fails or is not made when due, we may suspend or restrict your access to the Service until the outstanding amount is paid. We will give you reasonable notice where practicable. Prolonged non-payment may lead to termination of your account in accordance with Section 16.
You agree not to use the Service to: break the law; infringe anyone's rights; upload malicious code; attempt to gain unauthorised access; disrupt or overload the infrastructure; or use automated means to extract data beyond normal personal use. We may suspend or terminate accounts that breach this section.
The Service can connect to Third-Party Services that you choose to enable. Those services are operated by independent providers under their own terms and privacy policies. We do not control them and are not responsible for their availability, content, accuracy or acts, including any AI provider you connect using your own API key. Your use of a Third-Party Service is at your own risk and subject to that provider's terms.
We work to keep the Service available and working, but we provide it on an "as is" and "as available" basis to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that it will meet your specific requirements. We may carry out maintenance, updates or changes, and may temporarily suspend the Service for these purposes. Nothing in this section removes the statutory conformity rights you have as a consumer under applicable law.
Not a medical, health or professional service. Florimel is a personal journaling and timeline tool for your own private use. It is not a medical, health, mental-health or wellbeing service or device, not a health record system, and it does not provide medical, psychological, clinical, legal, financial or other professional advice. Any content you store — including anything relating to your health, mood or wellbeing — is kept for your personal record only and must not be relied upon for medical, clinical or safety purposes. The Service, and any output produced by its AI features (which may be inaccurate), is not a substitute for advice from a qualified professional. If you have a health or other concern, consult an appropriately qualified person.
IMPORTANT — FLORIMEL IS PROVIDED "AS IS" AND MAY LOSE YOUR DATA. YOU ARE SOLELY RESPONSIBLE FOR KEEPING YOUR OWN COPIES OF YOUR CONTENT.
No online service is immune to failure. The Service may at any time fail, crash, lose, corrupt or permanently delete Your Content, and by using the Service you accept that risk. While we take reasonable measures to protect and back up data, we do not promise that Your Content will never be lost, and we cannot guarantee its recovery.
To the maximum extent permitted by law, we are not liable for any loss of, or damage to, Your Content — including total or partial loss arising from system failure, server crash, data corruption, deletion (including your own), suspension or discontinuation of the Service, or any event outside our reasonable control. To the same extent, we are not liable for any indirect, consequential or non-material loss arising from such loss, including distress, disappointment or emotional harm, or for the time, effort or value you invested in entering data.
The Service provides an export feature so you can save your own copy of Your Content at any time. While we take all reasonable precautions to avoid data loss, loss can still occur, so we encourage you to use the export feature regularly. If keeping a permanent, guaranteed copy of your data matters to you, you must export and store it yourself. Where a free trial, beta or no-charge feature is provided, it is supplied without any warranty to the fullest extent the law allows.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law. In particular, we do not exclude liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, for breach of mandatory consumer-protection rights, or for compensation due under Article 82 GDPR.
Subject to the paragraph above, and to the maximum extent permitted by law:
If you are a consumer, these limitations apply only so far as permitted by the mandatory law of your country of residence, and do not affect your statutory rights.
To the extent permitted by law, you agree to hold us harmless from claims, losses and reasonable costs arising from (a) Your Content, (b) your breach of these Terms, or (c) your unlawful use of the Service, including any claim by a third party whose personal data you entered without a lawful basis. This does not apply to matters caused by our own breach or negligence.
These Terms apply while you have an account. You may terminate at any time by cancelling your Subscription and/or deleting your account. We may suspend or terminate your account for material breach of these Terms, unlawful use, or prolonged non-payment, with notice where reasonably practicable. On termination, your right to use the Service ends and Your Content is deleted in accordance with the Privacy Policy. Sections that by their nature should survive (including Sections 4, 9, 13, 14, 15 and 18) survive termination.
We are not liable for failure or delay in performing our obligations caused by events beyond our reasonable control, including outages of hosting or third-party providers, network failures, cyber-attacks, natural events, or acts of public authorities.
These Terms are governed by Belgian law. If you are a consumer, you also benefit from the mandatory consumer-protection rules of your country of residence, which these Terms do not override.
Disputes will be submitted to the competent courts of Brussels, Belgium, save where mandatory consumer law gives you the right to bring proceedings in the courts of your own place of residence. As a consumer, you may also use the European Commission's Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).
General and support: app@kawaru.eu. Privacy and data matters: dpo@kawaru.eu.