Version 1.0
Effective Date 8th November,2022
These Terms and Conditions constitute a legally binding agreement made between you, whether personally (“you”) and Rise-Up operator and owner – [your full legal name or company] (”Rise-Up,” “we,” “us” or “our”), concerning your access to and use of Rise-Up mobile application (the “App”). You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” (“Effective Date”) date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the App after the date such revised Terms and Conditions are posted.
PLEASE NOTE! THIS APP DOES NOT PROVIDE MEDICAL OR RELATED ADVICE
The information, including but not limited to, text, graphics, images and other material contained on the App are for informational purposes only. No material on this App is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician, psychologist, or other qualified health care provider with any questions you may have regarding a medical condition or treatment, and never disregard professional medical advice or delay in seeking it because of something you have read on the App. Do not use the App as a substitute for treatment or professional advice. You are solely responsible for your use of the App.
If you’re having suicidal thoughts, call your local support service to talk to a skilled, trained counselor at a crisis center in your area at any time. If you are in crisis or you think you may have an emergency, call your doctor or call your local emergency line immediately.
The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the App.
In some cases to use the App, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. Also, you must provide all equipment necessary to make such a connection to the Internet, including a web-enabled computer or device.
User Registration and Representations
You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the App through automated means, whether through a bot, script or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
The App may include certain communications from us, such as feature announcements, and administrative messages. These communications are considered part of a membership. You may not access the App by any means other than through the App interfaces we provide you.
Privacy
Privacy is important to us. We have a separate policy about it that you should read. We use some tracking technologies on the App to collect data about visitors. For information about how Rise-Up and its affiliates collect, use and share your personal data and cookies, please read our Privacy Policy [link to the policy]. By using the App, you agree that we may use your personal data by our Privacy Policy [link to the policy].
Intellectual Property
Rise-Up does not claim ownership of your data and files.
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, the Content and the Marks.
Feedback
We welcome your feedback. Feedback submitted through the App and Google Play or otherwise is non-confidential and becomes the sole property of Rise-Up. We own the intellectual property rights in and to such feedback and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement to you.
Use Restrictions
You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the App, you agree not to:
- Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use a buying agent or purchasing agent to make purchases on the App.
- Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the App.
- The trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Sell or otherwise transfer your profile.
- Attempt to impersonate another user or person or use the username of another user.
- Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
- Use any information obtained from the App in order to harass, abuse, or harm another person.
- Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
- Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the App’s software and source code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
- Use the App in a manner inconsistent with any applicable laws or regulations.
We retain the right to terminate access to the App for the user who has violated any of the above prohibitions.
Fees and Payments
Fees. The Customer agrees to pay the fees as outlined in the App (the “Fees”) on a monthly, yearly basis (”Subscription”) or one-time purchase. Subscription commences on these purchases and will continue until terminated.
Users must choose the relevant option in the menu and complete the purchase.
All payments are independently processed through third-party services. Therefore, the App does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is refused by the payment service provider, Rise-Up shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the user.
Information related to accepted payment methods is made available during the purchasing process.
Rise-Up reserves the right to make a reasonable increase in prices with one (1) month advance notification.
Taxes. Fees do not include sales, use, withholding, value-added or other taxes or duties. The user agrees to pay all applicable taxes, public fees, duties, deductions or withholding for which Rise-Up is required to pay any such taxes or duties assessed against it unless the user provides Rise-Up on time with a valid certificate of exemption or other evidence that are not taxable.
No Refunds. All fees are non-refundable, except for those required by applicable law, but you can cancel at any time your subscriptions.
Third-Party Links
Our App can contain hyperlinks to other websites or services that are not in any of our control and therefore, will not be covered by any term of our Privacy Policy. Should you be accessing other websites using any links from the App, these websites can collect private information from your device which may be used by their privacy policy and privacy practice, which is different from ours.
Disclaimer and Warranties
Under no circumstances (including but not limited to any act or omission on the part of Rise-Up) will Rise-Up or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the App or any Content. You expressly acknowledge and agree that Rise-Up does not exert control over users and visitors of the App and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
Our App is not a medical, health or psychological service provider. Rise-Up is a private publishing App with some information and guidance. We are not responsible for your physical and/or mental health.
We have made every possible effort to make sure the provided material is right and accurate. We do not, however, guarantee the completeness or precision of the information, we also, are not responsible for any mistakes, omissions or inaccuracies. All of the content is for informative purposes only and it is not binding in any way.
All available Content in the App is a general information purposes only. We strive to keep the information up to date, correct and full, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Content used. Using the Content or its results does not constitute professional advice or consultancy and is intended solely to inform our users, you understand and agree that the Content may not be relevant to you and you use it at your own discretion and you are personally responsible for the results. We are not responsible for any loss (including but not limited to indirect or consequential loss or damage, loss of potential earnings, or opportunities) associated with the use of the Content, to achieve the goals or expectations that you set for yourself with the App and Content using. We recommend that you seek professional advice before using the App and Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE APP AND CONTENT IS AT YOUR SOLE RISK. THE APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, USER INFORMATION OR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NON-DELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE APP, OR OTHER INTERACTION WITH THE APP. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE APP. RISE-UP DOES NOT WARRANT THAT (i) THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP AND CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE APP WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Indemnification
You agree to indemnify and hold harmless Rise-Up, our contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the App and Content, including but not limited to your violation of these Terms.
Limitation of Liability
To ensure the best possible service level, Rise-Up reserves the right to interrupt services for maintenance, system updates or any other changes, informing the users appropriately.
THE USER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY OUTLINED IN THESE TERMS, THE RISE-UP HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO THE USER REGARDING THE APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RISE-UP DISCLAIMS ANY IMPLIED WARRANTY FOR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY OR TECHNICAL COMPATIBILITY OF THE APP OR FITNESS OF THE APP FOR A PARTICULAR PURPOSE. USER AGREES THAT RISE-UP WILL NOT LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE APP WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL CONDUCT, EQUITY OR UNDER SOME OTHER THEORY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN TO OR WAS FORESEEABLE BY RISE-UP AND WHETHER SUCH DAMAGES ARE ASSERTED BY USER OR SOME THIRD PARTY. THE USER FURTHER ACKNOWLEDGES THAT THE RISE-UP’S MAXIMUM AGGREGATE LIABILITY TO THE USER UNDER ANY LEGAL THEORY (INCLUDING ITS OWN NEGLIGENCE) FOR DAMAGES THAT ARISE DIRECTLY OR INDIRECTLY FROM THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE APP WILL NOT, IN ANY EVENT, EXCEED USD100 OR AN AMOUNT EQUAL TO THE FEE PAID BY USER TO RISE-UP FOR THIS AGREEMENT (DEPENDING ON WHICH AMOUNT IS LESS). ANY ACTION, CLAIM OR PROCEEDING RELATING TO THESE TERMS AND/OR THE APP OR THE TRANSACTIONS CONTEMPLATED BY THESE TERMS, MUST BE BROUGHT WITHIN SIX (6) MONTHS FOLLOWING THE ACTION OR EVENT GIVING RISE TO SUCH ACTION, CLAIM OR PROCEEDING.
Rise-Up is not responsible for defects caused by changes or issues resulting from third-party hardware, software, services, tools or applications it does not have direct control over, including but not limited to: hardware, operating systems, software programs, plug-ins, extensions, applets, newly discovered vulnerabilities, scripts, or other items.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT.
By using the App, you agree that the exclusions and limitations of liability set out in the App disclaimer are reasonable. If you do not think they are reasonable, you must not use the App.
Governing law
These Terms are governed by the law of the place where the owner of Rise-Up is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the user qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail.
General
These Terms and Privacy Policy[link to your Privacy Policy], and other policies and documents available on the App or Rise-Up website constitute the entire agreement between you and Rise-Up concerning your use of the App and Content and supersede all previous agreements in respect of your use of the App and Content.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
No waiver of any term of these Terms will be binding unless, in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Rise-Up to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.
Rise-Up may transfer, sub-contract or otherwise deal with Rise-Up’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
All communications and notices made or given under these Terms must be in English.
The parties (you and Rise-Up) shall be independent contractors under these Terms, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
We rely on your continued observance of these Terms. If Rise-Up suffers any loss or damage or incurs any costs in connection with any breach of these Terms or any other legal obligation then you agree to indemnify Rise-Up for those losses, damages, and costs.
Certain territorial restrictions may apply to your use of our App. Our App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Anyone using or accessing our App does so on their initiative and is responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of our App to any person, geographic area, or jurisdiction, at any time and at our sole discretion.
Changes to these Terms
Rise-Up reserves the right to amend or otherwise modify these Terms at any time. In such cases, Rise-Up will appropriately inform the user of these changes. Such changes will only affect the relationship with the user in the future.
The continued use of the App will signify the user’s acceptance of the revised Terms. If users do not wish to be bound by the changes, they must stop using the App. Failure to accept the revised Terms may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the user’s acceptance. The user can obtain any previous version from Rise-Up.
Contact Us
In case you have questions, about our App or these Terms you can contact us by forwarding an email at support@riseupaitherapy.com