Terms of Use for The Empathy Set App

Terms of Use

The Empathy Set® App

Effective Date: February 6, 2026 | Last Updated: February 6, 2026

Trademark Notice: The Empathy Set® is a federally registered trademark of John Ford. Registrations include printed educational flash cards (Class 16, Principal Register) and downloadable software and mobile applications (Class 9, Supplemental Register).

Welcome to The Empathy Set® App! These Terms of Use (“Terms”) govern your use of The Empathy Set® mobile application (the “App”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. The App and Its Purpose

The Empathy Set® App is a free educational tool designed to support emotional literacy and the development of empathy skills. The App provides access to feelings and needs content, interactive exercises, and related educational resources. The App is part of The Empathy Set® ecosystem of products and services created by John Ford.

2. Free Access and Points System

2.1 Free to Use

The Empathy Set® App is free to download and use. There are no subscription fees, in-app purchases required for access, or paywalls.

2.2 Points System

The App operates on a points system that governs access to certain features and content. Upon creating an account, you will receive a full allocation of 2,000 points. Points are consumed as you use various features within the App. At any time, you may request a refill of your points, which will restore your balance to the 2,000-point level at no cost. The points system is designed to manage App resources and ensure a quality experience for all users.

2.3 Points Have No Monetary Value

Points are a functional feature of the App and have no cash value, cannot be transferred, sold, or exchanged for currency or goods outside the App. John Ford reserves the right to modify the points system, including the number of points allocated, the rate at which points are consumed, or the method of replenishment, at any time and at his sole discretion.

3. Voluntary Donations

3.1 Donation Opportunities

The Empathy Set® App is a passion project and labor of love. To help sustain and improve the App, users are encouraged—but never required—to make voluntary donations. Donation options are available within the App. Your generosity directly supports the ongoing development, maintenance, and improvement of The Empathy Set® App and its educational mission.

3.2 Donation Terms

All donations are voluntary and non-refundable. Donations are processed through the applicable app store platform (Apple App Store or Google Play Store) and are subject to that platform’s terms and conditions. Donations do not entitle you to any additional rights, features, or privileges beyond those available to all users of the App. Donations are not tax-deductible charitable contributions.

4. User Obligations

4.1 Acceptance of Terms

By downloading or using The Empathy Set® App, these Terms automatically apply to you. Please read them carefully before using the App.

4.2 Prohibited Conduct

You agree not to:

• Copy, modify, reverse-engineer, decompile, or disassemble the App or any part of it

• Attempt to extract the source code of the App

• Translate the App into other languages or create derivative versions without prior written permission

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations

• Attempt to interfere with, compromise, or disrupt the App’s systems or security features

• Manipulate or abuse the points system, including through automated means, multiple accounts, or any other method designed to circumvent its intended function

• Use the App’s content, including feelings and needs lists, card designs, or educational materials, for commercial purposes without prior written permission from John Ford

5. Intellectual Property

5.1 Ownership

The Empathy Set® App, including all content, features, functionality, design, graphics, text, images, trademarks, service marks, trade names, copyrights, database rights, and all other intellectual property rights therein, is owned by John Ford and is protected by United States and international intellectual property laws.

5.2 The Empathy Set® Trademark

The Empathy Set® is a federally registered trademark of John Ford. You may not use The Empathy Set® name, logo, or any associated marks in any manner that is likely to cause confusion, or in any manner that disparages or discredits John Ford, without prior written consent.

5.3 Limited License

Subject to your compliance with these Terms, John Ford grants you a limited, non-exclusive, non-transferable, revocable license to download and use The Empathy Set® App on your personal device for your own non-commercial, educational use. You may not reproduce, distribute, display, or create derivative works based on any part of the App without prior written permission from John Ford.

6. Communications

If you provide your email address in connection with The Empathy Set® App, you consent to receive communications from John Ford regarding the administration and functionality of the App, as well as educational and promotional information related to The Empathy Set® ecosystem of products and services, including but not limited to card sets, workshops, training programs, and publications by John Ford. You may opt out of promotional communications at any time by using the unsubscribe link included in each email or by contacting john@johnford.com.

7. Privacy

Your use of The Empathy Set® App is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the App, you acknowledge that you have read and understood our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

8. Device Security

It is your responsibility to keep your device and access to The Empathy Set® App secure. We recommend that you do not jailbreak or root your device, as doing so may compromise your device’s security features and may prevent The Empathy Set® App from functioning properly. John Ford is not responsible for any security vulnerabilities or App malfunctions resulting from modifications to your device’s operating system.

9. Disclaimer of Warranties

The Empathy Set® App is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. John Ford does not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

The content provided through The Empathy Set® App is for educational purposes only and is not a substitute for professional mental health advice, diagnosis, or treatment. If you are experiencing a mental health crisis, please contact a qualified mental health professional or emergency services.

10. Limitation of Liability

To the fullest extent permitted by applicable law, John Ford shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use The Empathy Set® App, regardless of the theory of liability.

Without limiting the foregoing, John Ford is not liable for:

• Loss of functionality due to lack of internet connectivity or inadequate Wi-Fi access

• Data charges incurred through your mobile network provider, including roaming charges, when using the App outside of a Wi-Fi area

• Device-related issues, including but not limited to battery drainage, hardware failure, or incompatible operating system versions

• Any loss, damage, or inconvenience resulting from reliance on the App’s content or functionality

If you are not the bill payer for the device on which you use the App, you represent that you have obtained permission from the bill payer to use the App and accept responsibility for any associated charges.

11. App Updates, Changes, and Termination

11.1 Updates and Changes

The Empathy Set® App is currently available on Android and iOS platforms. John Ford reserves the right to update, modify, or change the App at any time, including its features, functionality, points system, or content, without prior notice. System requirements may change over time, and you may need to download updates to continue using the App. You agree to accept application updates when offered.

11.2 No Guarantee of Availability

John Ford does not guarantee that the App will be continuously available or compatible with any specific device or operating system version. We will make reasonable efforts to maintain availability but accept no obligation to do so.

11.3 Termination

John Ford may discontinue the App or terminate your access to the App at any time, with or without cause and with or without notice. Upon termination, your right to use the App ceases immediately, and you must delete the App from your device if requested. Any accumulated points will be forfeited upon termination and carry no residual value.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of The Empathy Set® App shall first be addressed through good-faith informal negotiation. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue resolution through binding arbitration administered in Alameda County, California, in accordance with the rules of the American Arbitration Association. Both parties agree that any arbitration shall be conducted on an individual basis and not as a class action or representative proceeding.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and John Ford regarding your use of The Empathy Set® App and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter.

15. Changes to These Terms

John Ford reserves the right to update or modify these Terms at any time. We will notify you of material changes by posting the revised Terms within the App and updating the “Effective Date” above. Your continued use of The Empathy Set® App after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

John Ford

7405 Sunkist Drive, Oakland, CA 94605, USA

Email: john@johnford.com