Esen. Terms of Service
DRAFT — not yet reviewed by a lawyer, not yet hosted. Do not submit to App Store/Play until both are done.
Reconciled against the actual v1 build — 8 Sep 2026 (session 14). Sections 4 and 5 previously described a live subscription system; v1 ships entirely free (decided 3 Sep 2026), so both are rewritten below. The original wording is preserved in the Appendix for reuse when v1.1 actually introduces a paid tier.
1. Acceptance
By downloading, installing, or using Esen., you agree to these Terms of Service. If you do not agree, do not use the app. These terms form a legal agreement between you and Esen Collective Labs Pty Ltd (ACN 701 828 248), trading as Esen.
2. What Esen. is
Esen. is a daily planning and wellbeing tool. It is designed to help you structure your day in alignment with your capacity. Esen. is not a medical service, mental health service, clinical tool, or substitute for professional support. If you are experiencing a mental health crisis, please contact a health professional or a crisis service — a full list is available in the app under Settings → Support, including Lifeline (13 11 14), Beyond Blue (1300 22 4636), Kids Helpline (1800 55 1800), 13YARN (13 92 76), 1800RESPECT (1800 737 732), MensLine Australia (1300 78 99 78), and QLife (1800 184 527). (Verified 8 Sep against the app's actual support_resources.json — every name and number above matches what's live in the app.)
3. Your account
You are responsible for maintaining the security of your account credentials. You must be at least 16 years of age to create an account. You may only create one account per person. You are responsible for all activity that occurs under your account. You may delete your account and all associated data at any time via Settings → Account → Delete account. (See the Privacy Policy Section "Before this can be submitted" for an important open gap: this currently does not work for accounts created with Google or Apple sign-in.)
4. Cost
Esen. is currently available in full at no cost. There are no in-app purchases, subscriptions, or paid tiers in this version of the app. We may introduce optional paid features in a future version, in which case this section will be updated in advance, with full pricing, renewal terms, and cancellation information disclosed before anyone is asked to pay, in line with Apple App Store and Google Play requirements.
5. Free tier
All of Esen.'s current features — the four capacity states (Ease, Expand, Extend, and Exhale), daily check-in, the daily timetable, support resources, the Goal Library, and your capture. (journal) and notice. (affirmation) entries — are included at no cost. We reserve the right to introduce additional paid features in the future with reasonable notice; anything you have already created or saved will remain accessible to you.
6. Your content
Any content you create in Esen. — journal entries, tasks, goals — belongs to you. We do not claim ownership of your content. We access it only to provide the service. You grant us a limited licence to store and process your content solely for the purpose of delivering the Esen. service to you.
7. Intellectual property
Esen., the Esen. name, the Ease / Expand / Extend / Exhale framework, and all app content, design, and copy are the intellectual property of Esen Collective Labs Pty Ltd. The Esen. word mark has been accepted for trademark registration by IP Australia under Classes 9, 42, and 44 (opposition period opens 24 Sep 2026, running ~2 months; registration expected Nov–Dec 2026 if unopposed). You may not copy, reproduce, distribute, or create derivative works from any part of Esen. without our written permission.
8. Acceptable use
You agree to use Esen. only for its intended purpose. You must not attempt to reverse engineer, copy, modify, or distribute the app or its content. You must not use Esen. in any way that could harm other users or third parties.
9. Limitation of liability
Esen. is provided in good faith as a planning and wellbeing tool. To the fullest extent permitted by Australian law, we are not liable for any indirect, incidental, or consequential loss arising from your use of the app. Our total liability to you for any claim arising from your use of Esen. is limited to AUD $100. Nothing in these terms excludes liability that cannot be excluded under Australian Consumer Law. (Changed 8 Sep: the previous cap — "the amount you paid... in the 12 months preceding the claim" — doesn't work now that Esen. is free; a nominal fixed cap is the usual approach for free apps, but this number is a placeholder for the lawyer to set, not a considered figure.)
10. Australian Consumer Law
Nothing in these Terms limits your rights under the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
11. Changes to these terms
We may update these terms as the app develops. We will notify you of significant changes via the app or email with at least 14 days notice. Continued use of Esen. after changes take effect constitutes acceptance of the new terms.
12. Governing law
These terms are governed by the laws of Australia. Any disputes will be resolved under Australian law in the relevant Australian jurisdiction.
13. Contact
For any questions about these terms: sarah@esencollectivelabs.com. We will respond within 30 days.
⚠️ Before this can be submitted (status as of 8 Sep 2026)
- Lawyer review — same caveat as the Privacy Policy; budget ≈$300–500 AUD. Booking status unconfirmed as of 8 Sep — check with Sarah, don't assume it happened.
- Fill in remaining placeholder — contact email (pending domain/hosting decision). Legal name filled in 8 Sep.
- Host alongside the Privacy Policy on the same public URL, and link both from the sign-up screen — required by Apple and Google. Same open domain decision as the Privacy Policy.
- Section 9's liability cap is a placeholder number — flag explicitly to the lawyer rather than treating $100 as decided; this needs a considered answer, not an invented one.
- Trademark wording in §7 updated 8 Sep to say "accepted" rather than "filed for" — matches the confirmed IP Australia status (accepted, opposition window 24 Sep–~24 Nov).
Appendix — reserved v1.1 wording (not in effect, do not use until subscriptions actually ship)
Kept here so the earlier drafting work isn't lost. When RevenueCat and a real paid tier are wired (v1.1), Sections 4–5 should return to something like this — update the specific figures against whatever pricing is live at that time:
4. Subscriptions and payments Esen. offers a free tier and a paid subscription. Paid subscriptions are billed monthly or annually as selected, with full pricing, renewal terms, and cancellation information shown before you pay, in line with Apple App Store and Google Play requirements. Payments are processed through Apple's App Store or Google Play — we do not handle payment information directly. Subscriptions renew automatically unless cancelled at least 24 hours before the renewal date. To cancel, manage your subscription through your device's App Store or Play Store settings. We do not offer refunds except where required by Australian Consumer Law.
5. Free tier The free tier of Esen. includes all four capacity states (Ease, Expand, Extend, and Exhale), daily check-in, the daily timetable, and support resources, and will remain available without payment. The paid subscription unlocks the full Goal Library, saved capture. (journal) and notice. (affirmation) entries, and your rhythm. (a reflective view of your capacity states over time). We reserve the right to adjust the features included in the free tier with reasonable notice.