Terms and Conditions

By creating an account or accessing the Cofamly application (the "Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Service.

Article 1 – About Cofamly

1.1. Service Provider

The Cofamly application and the website https://www.cofamly.app (hereinafter the "App") are managed and operated by Ergane Commv (hereinafter "Cofamly" or "We"), with its registered office in Belgium.

Any question or complaint regarding the use of the App, the operation of the Services, or your personal data can be directed to us:

• By email: cofamly@ergane.studio

1.2. General Terms

Access to and use of the App are subject to these General Terms and Conditions (the "Terms") and the Privacy Policy, as well as Belgian law. Opening the App implies the full and unconditional acceptance of the user to these Terms.

Cofamly reserves the right to modify and update these Terms at any time without prior notice. Changes take effect immediately upon publication. We recommend that you consult them regularly.

1.3. Third-Party Applications

The App may integrate third-party services (e.g. payment processors, calendar integrations). These applications are subject to their own terms and privacy policies, which are not under the control of Cofamly.

Article 2 – Service Content

2.1. General Description

Cofamly is a mobile platform designed to help separated parents and families organise their daily lives, with the well-being of the child as its central focus.

To this end, Cofamly offers tools including but not limited to:

• Cofamly Loops: A structured space for factual updates (school, health, mood) to reduce emotional conflict.
• Cofamly Calendar: A planning tool where appointments are strictly linked to a child to avoid confusion.
• Cofamly Split: A transparent system to track and settle child-related expenses.
• External Access: The ability to grant "read-only" access to third parties (e.g. mediators, grandparents).

2.2. Access, Pricing and Subscriptions

A. Free Basic Service

Cofamly offers a free version that provides access to the core features of the platform. Users can use the App without a subscription, albeit with certain limitations in functionality.

B. Cofamly Plus — Paid Subscription

Cofamly offers a paid subscription under the name Cofamly Plus, which gives access to extended features and an enhanced experience.

Pricing (VAT included):

• Subscriptions are managed through the Apple App Store (iOS) or Google Play Store (Android) and are automatically renewed for the same period, unless the member cancels the subscription at least 24 hours before the end of the current period via their app store account settings.
• Payment is charged upon confirmation of purchase and at each automatic renewal.
• Cofamly will provide reasonable notice of any price changes. Continued use of Cofamly Plus after such notice constitutes acceptance of the new price.
• No charges will ever be made without your explicit consent and the active completion of a purchase through the relevant app store.

C. Cancellation and Refunds

• You may cancel your Cofamly Plus subscription at any time via your app store account settings. Your access remains active until the end of the already paid period.
• Payments made are generally non-refundable, given the immediate digital nature of the service.
• Exceptions: A refund may be considered if a technical error on our part prevents normal use of Cofamly Plus, provided you have contacted our support team and we are unable to resolve the issue within a reasonable timeframe.

Article 3 – Electronic Agreement

3.1. Immediate Performance

By starting a Cofamly Plus subscription, the Member accepts that the delivery of the Service begins immediately. Consequently, the Member acknowledges that they cannot exercise the right of withdrawal (cooling-off period) once the digital service has commenced, in accordance with applicable consumer protection legislation.

Article 4 – Member Status

4.1. Registration

Registration is reserved for natural persons aged 18 or over who have legal capacity. The Member is responsible for all activities that take place under their account, including access granted to co-parents or third parties (mediators, family).

4.2. Member Obligations

The Member agrees to use Cofamly specifically for its intended purpose: constructive, child-focused organisation. The Member agrees not to use the platform for harassment, abuse, or the sending of harmful content.

• Security: You are responsible for keeping your login credentials confidential.
• Accuracy: You must ensure that the information provided (e.g. expenses, schedules) is correct.

4.3. Prohibition on API and Technical Infrastructure Misuse

The Cofamly application uses a backend API and technical infrastructure intended solely for use through the official Cofamly app. The following are expressly prohibited:

• Directly accessing, querying, or automating the Cofamly API outside of the official App, unless written permission has been obtained from Ergane Commv;
• Using reverse engineering, scraping, or automated scripts to extract or manipulate data;
• Circumventing or probing the platform's technical security measures or authentication mechanisms without explicit permission;
• Accessing, copying, or misusing other users' data via direct API calls or other technical means;
• Placing excessive load on Cofamly's infrastructure in a way that endangers availability or performance for other users (e.g. via denial-of-service attacks or excessive automated requests).

Consequences of misuse: Upon established misuse of the API or technical infrastructure, Cofamly reserves the right to:

1. Immediately and permanently suspend or terminate the Member's access to the Service, without entitlement to a refund;
2. Notify the competent authorities if the misuse constitutes a criminal offence (including but not limited to unauthorised access to computer systems, as defined under Belgian law);
3. Claim compensation for damages suffered, including but not limited to costs of technical remediation, reputational damage, and legal costs.

4.4. Content and Responsibility

The Member is solely responsible for the content (text, photos, financial data) uploaded to the App. Cofamly acts as a host and does not exercise editorial control over private communications between family members.

• You warrant that you hold the necessary rights to upload content (e.g. photos of children).
• Cofamly reserves the right to suspend accounts that violate these Terms or use the platform to harm others.

4.5. Refund Policy

See Article 2.2.C for the full refund policy relating to Cofamly Plus.

Article 5 – Intellectual Property

The Cofamly App, including its code, design, logos and structure, is the property of Ergane Commv. Users are granted a non-exclusive, non-transferable licence to use the App for personal family management purposes. You may not copy, reverse engineer, or use the content for commercial purposes.

Article 6 – Limitation of Liability

6.1. Availability

Cofamly strives to keep the Service available 24/7, but cannot guarantee that it will be free from interruptions, bugs, or maintenance periods. We are not liable for any loss resulting from the temporary unavailability of the App.

6.2. Use of the Service

The App is a tool to facilitate organisation; it does not replace legal agreements or court orders. Cofamly is not responsible for disputes arising between co-parents regarding shared content (e.g. disputed expenses or missed appointments).

Article 7 – Governing Law

These Terms are governed by Belgian law. Any dispute relating to the validity, interpretation, or performance of these Terms falls under the exclusive jurisdiction of the courts of the judicial district where Cofamly (Ergane Commv) has its registered office.

Article 8 – Apple App Store — Additional Terms

The following terms apply specifically to your use of the App downloaded from the Apple App Store. In the event of any conflict between these terms and the rest of this agreement, these terms shall prevail with respect to your use of the App Store version.

8.1. Acknowledgement

You and Cofamly acknowledge that these Terms are concluded between you and Cofamly only, and not with Apple Inc. ("Apple"). Cofamly, not Apple, is solely responsible for the App and its content.

8.2. Scope of Licence

The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

8.3. Maintenance and Support

Cofamly is solely responsible for providing maintenance and support services for the App, as specified in these Terms. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

8.4. Warranty

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Cofamly's sole responsibility.

8.5. Product Claims

Cofamly, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

8.6. Intellectual Property Rights

In the event that a third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, Cofamly, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

8.7. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8.8. Third-Party Beneficiary

You and Cofamly acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.