Effective date: February 17, 2020
Agreement to Terms
By accessing, downloading, installing, or using our Services, you agree to be bound by these Terms.
Changes to Terms or Services
We may modify the Terms and our Services at any time, in our sole discretion. If we do so, we may let you know by email or by posting notice on the Site or via a notification in the App. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately. Because our Services are evolving over time, we may change or discontinue all or any part of the Services at any time, and without notice to you, at our sole discretion.
Creating an Account
By creating an Account, you become a “Member” and represent that you are thirteen (13) years or older and are not barred from using the Services under applicable law.
Your Account should be yours—don’t use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to the rights of another person without appropriate authorization. You must be a human to use the Services and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Services. “Robot” (or automatic) activity is not allowed.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Free Trial; Subscription
Upon creating an account, you will be able to access certain features of the Services; however, payment is required to maintain access to the features, including the ability to match and speak with others and track daily progress (the “Premium Services”).
We process payments for Premium Services using one of the following payment providers (each a “Payment Provider”): Apple App Store In-App Purchases, Google Play In-App Purchases, or PayPal. By enrolling in Premium Services, you authorize us and the Payment Provider to charge you. The payment is non-refundable and if payment is not received, you agree to promptly pay any outstanding amounts due upon demand by us.
If you wish to enroll in the Premium Services, you will be asked to enter payment details. Your payment information is not stored by us, and is sent directly to the Payment Provider. If eligible for a “free trial,” you will be granted a free initial session or session(s) of the Premium Services, and will thereafter be charged in accordance with your selection of a month-to-month or annual payment plan (the “Subscription”), which may include taxes and fees. By using the Premium Services, you agree to be charged in accordance with the selected Subscription and represent you have read, understood, and agree to the Payment Provider, our, and any other third party terms and policies. Your Subscription will continue for the billing term selected and will auto-renew for the same term unless you choose otherwise. In order to avoid charges for additional Subscription terms, you must cancel the subscription prior to the expiration of the Subscription or a Subscription renewal.
We are not responsible and have no liability whatsoever for any payment processing errors, fees, or service-related issues that may arise related to your Subscription payment. The Platform, the Subscription, the goods or services offered may change at any time and in our, or our Payment Provider’s sole discretion.
If we terminate your Account for any reason, including a breach of these Terms, you shall not be entitled to a refund of any kind.
We may send you push notifications or other alerts related to the Services. You will be asked to opt-in to receiving such notifications, and will have the ability to opt-out at any time by adjusting your mobile device settings.
We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback by emailing us at the contact email listed above. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) any Content that Members provide to be made available through the Services.
You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Services, you grant us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make such Content available to other Members of the Services, who may also use such Content subject to these Terms.
You represent and warrant that: (i) the Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
We do not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. However, you grant us a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use any Content submitted by you in relation to the Services, including the promotion and advertisement of Services.
We invite you to participate in our community, but ask that you respect other Members when posting Content and using the Services.
You Agree NOT to:
Use language or transmit content that may be considered offensive or profane to other Members or users. This includes profanity, offensive images, or other media containing obscene, sexually explicit, or excessively violent content.
Harass or threaten other Members or users. Harassing behavior and language includes insults, ethnic or homophobic slurs, defamatory statements, invasive statements that may infringe on a Member’s privacy, or the transmission or sharing of any content that may cause another Member or user to experience ridicule, threat, or discomfort.
Submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law.
Publish falsehoods or misrepresentations that could damage us, our Members, or any third party.
Publish any private information of someone without permission.
Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Impersonate another person or represent yourself as affiliated with us, our staff, or other industry professionals.
Solicit a Member’s password or other Account information.
Harvest Member names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exhaustive. We don’t have an obligation to monitor your access to, or use of, the Services, but we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time, and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
You can remove your Content by specifically deleting it. However, in certain instances, some of your Content (such as posts or comments you make) may not be completely removed, or may not be removable, and copies of your Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content.
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view our content (“Our Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, Our Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated by us or our affiliates.
You have the right to view and access Our Content. However, you may not copy, borrow, modify, or otherwise reproduce Our Content, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any Member permitted to: (i) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute Our Content or the Services to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any Our Content; or (iii) use the Services or Our Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The Services contain material that may be protected by United States and international copyright law, trademark law, and other proprietary information, including, but not limited to, audio, video, graphic, photographic, and text information, and all Our Content. We, and any of our licensors, exclusively own all right, title, and interest in, and to the Services and Our Content, including all associated intellectual property rights. You acknowledge that the Services and Our Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services and Our Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale of, create derivative works of, or in any way exploit any of Our Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.
We respect copyright law and expect Our visitors and Members to do the same. It is Our policy to terminate in appropriate circumstances the Accounts of Members who repeatedly infringe the rights of copyright holders.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification must be sent to: firstname.lastname@example.org.
Links and Advertisements of Third Party Websites, Apps, or Resources
The Services may contain links to or advertisements of third-party websites, applications, or resources that are not affiliated with you, other Members, or Our Services. We are not responsible for the content, products, or services on or available from those third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, services, or resources. The terms and privacy policies of these third party websites, applications, or resources govern your use of those services.
You agree to defend, indemnify, and hold harmless Us, or Our officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party rights, including without limitation any copyright, property, moral, or privacy right; or (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.
We may terminate your access to and use of the Services and Account at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON THE SERVICES FOR IMMEDIATE, URGENT MEDICAL NEEDS. THE CONTENT AND FUNCTIONALITY OF THESE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES MAY NOT BE USED TO STORE OR TRANSMIT ANY PROTECTED HEALTH INFORMATION UNDER HIPAA AND RELATED LAWS AND REGULATIONS.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
Limitation of Liability
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to the contact email address listed above.
b. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
c. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, the parties agree to submit to binding arbitration in a jurisdiction of the State of Washington. Each party is responsible for paying its own filing, administrative, and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
These Terms constitute the entire and exclusive understanding and agreement between Us and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Any notices or other communications provided by Us under these Terms, including those regarding modifications to these Terms, will be given (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions & Contact Information
If you have any questions regarding these Terms, please contact us.