Terms & Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
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YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE APPLICATIONS TO WHICH THIS AGREEMENT RELATES. IF YOU DO NOT AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, COPY, OR USE, AND YOU MUST IMMEDIATELY DELETE ALL COPIES OF, THE APPLICATION FROM YOUR DEVICE.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
This End-User License Agreement (this Agreement) is a legal agreement between Sliding Door Media LLC doing business as PepTalkHer, a delaware corporation, (“we”, “us”, “our”) and you, a user (you), of our mobile application as described below.
We license you to use:
1. PepTalkHer mobile application software (App) and any updates or supplements to it;
2. The related electronic documentation (Documentation); and
3. The service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
YOUR PRIVACY
We view the protection of your privacy as an important responsibility. Under data protection legislation, we are required to provide you with certain information about how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy and it is important that you read that information. By using the App, you consent to the collection and use by us of your personal information as well as all other information described in the Privacy Policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APPLE’S APPSTORE TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by APPLE’s APPSTORE rules and policies and APPLE’s APPSTORE’S rules and policies will apply instead of these terms where there are differences between the two.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please reach out via the in app support or take a look at our support resources at www.peptalkher.com
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team via www.peptalkher.com
How we will communicate with you. If we have to contact you we will do so by email or by SMS using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
download or stream a copy of the App onto a mobile device and view, use and display the App and the Service on such devices for your personal purposes only;
use any Documentation to support your permitted use of the App and the Service;
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. You must not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law, best practice, technological developments, operational requirements or to deal with additional features which we introduce from time to time.
We will notify you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
You agree that you will:
1. not rent, lease, sub-license, loan, provide, sell, resell, transfer, assign, distribute, publish or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
2. not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services;
5. remove or otherwise modify any trademarks, service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing through the App;
6. display the name, logo, trademark or other identifier of any individual or entity in such a manner as to give the viewer the impression that such other individual or entity is a publisher or distributor of the App; and
7. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
You must:
1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
6. continue being your awesome self whilst using the app!
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms. You agree not to remove, conceal or otherwise modify any copyright, trademark or other proprietary notice or source identifier contained in or associated with the App. We reserve all rights related to the App which are not expressly granted to you in this Agreement. The App is protected by copyright and other intellectual property laws and treaties.
WARRANTIES
Your use of the app is at your own risk. The app is provided “as is”, “as available” and with all faults, and we hereby disclaim all warranties, representations and conditions, whether express, implied or statutory, including, but not limited to any implied warranties, duties or conditions of merchantability, non-infringement, fitness for a particular purpose, reliability or availability, accuracy or completeness, quality, safety, suitability, workmanlike effort, lack of viruses, lack of negligence, or that the app will perform in any particular fashion or produce any particular result, or otherwise arising out of or related to the use of the app by you or any other person. We are not responsible for the provision of any support or any other services, or the failure to provide support or any other services, in connection with or related to the app. There are inherent risks in the downloading and using of any software, and we caution you to make sure that you completely understand the potential risks before downloading, installing or otherwise using the app. Neither Sliding Door Media LLC nor any parent, subsidiary or affiliated entity of Sliding Door Media, nor any of their principals, shareholders, directors, officers, members, managers, licensors, suppliers, employees, contractors, agents or representatives (collectively, the “Sliding Door Media Parties”) shall be liable for any damages that you or any third party may suffer in connection with or related to your downloading, installing, uninstalling, modifying or otherwise using the application.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Sliding Door Media LLC or any of the other Sliding Door Media Parties be liable for any special, incidental, indirect, consequential or punitive damages whatsoever, (including without limitation for lost profits, business or goodwill, or for any anticipated lost profits, business or goodwill, for loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including that of good faith or of reasonable care, for negligence, and for any other monetary or other loss whatsoever) arising out of or related to your use of the app (or your inability to use the app) or otherwise in connection with this agreement. the foregoing shall apply whether such liability arises from any claim based upon contract, warranty, tort (including without limitation negligence), product liability, strict liability, fault, breach of warranty, breach of contract or otherwise, even if Sliding Door Media LLC or any of the other Sliding Door Media Parties has been advised of the possibility of such damages. notwithstanding any damages that you might incur for any reason whatsoever involving the application (including, without limitation, any of the damages referenced herein), the entire liability of the Sliding Door Parties collectively, and your exclusive remedy hereunder, shall be limited to one hundred dollars ($100) if you are using the app free of charge. This limitation of liability provision is intended to apply without regard to whether other provisions of this agreement have proven ineffective.
INDEMNITY
You shall indemnify, defend and hold Sliding Door Media LLC and each of the other Sliding Door Media Parties harmless from and against any and all threatened or actual claims, actions, suits and demands and any and all resulting losses, liabilities, damages, expenses and costs, including without limitation reasonable attorneys’ fees and disbursements, which arise in connection with or which are related to (a) your breach of this Agreement, including without limitation your use of the App in any manner not expressly permitted hereunder, or (b) your negligence or misconduct, or (c) your violation of any law or regulation.
DISCLAIMER
The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
The App and the Services have not been developed to meet your individual requirements.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time if you have broken these terms.
If we end your rights to use the App and Services:
1. You must stop all activities authorised by these terms, including your use of the App and any Services; and
2. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights to third parties to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
This Agreement shall be governed and construed in accordance with the laws of the State of New York, excluding New York’s choice-of-law principles, and all claims arising out of or relating to this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York, excluding New York’s choice-of-law principles. Any dispute arising out of or relating to your use of the App or otherwise related to this Agreement, including without limitation regarding any breach hereunder, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the City of New York, State of New York, by an arbitrator with applicable industry expertise in the mobile app industry, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and us, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such an arbitration proceeding including without limitation all evidence and materials submitted by you or us shall be kept strictly confidential by you. You shall pay for your own legal costs and expenses involved in any such arbitration, including without limitation reasonable attorneys’ fees, and we shall pay for all of our such costs and expenses unless the matter being arbitrated involves your breach of any of the provisions of this Agreement, in which case you shall pay both for your as well as for our legal costs and expenses including without limitation reasonable attorneys’ fees incurred by us in pursuing such a claim. No arbitration or claim under this agreement shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. Notwithstanding the foregoing, either party may apply to any federal or state court sitting in the county and state of New York for injunctive relief or enforcement of this arbitration provision or for a breach of any party’s ownership rights in and to the app, without breach of this arbitration provision. You agree that regardless of any statute or law to the contrary, any claim, suit or action that you may have against any of the Sliding Door Media Parties arising under or related to this agreement must be brought by you pursuant to this section and within one (1) year after the date on which the event underlying such claim occurred or is alleged to have occurred.
ENTIRE AGREEMENT
This Agreement and any written instructions related to the App which are provided by us constitute the entire agreement between you and Sliding Door Media LLC relating to the App, and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the App or any other subject matter covered by this Agreement. To the extent the terms of any of our policies or programs conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, such provision shall be modified by the arbitrator to most closely resemble the intent of Sliding Door Media LLC and all other provisions of this Agreement shall continue in full force and effect. The failure of Sliding Door Media LLC at any time to require performance by you of any provision of this Agreement shall in no way affect its right to enforce such provisions, nor shall the waiver by Sliding Door Media LLC of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
Phew! That’s a lot. Any other questions hello@peptalkher.com