TERMS OF SERVICE
Welcome to GGtude’s application for mobile devices (the “App”). The App is developed and operated by GGtude Ltd. (“GGtude”, “we”, “us” and “our”).
These Terms apply to the use of the App through any means we support (including smartphones, tablets, personal computers etc.).
Here are the key points of these Terms of Service. They are only brought for your convenience and do not substitute the full Terms.
- By accessing or using our App, you agree to be bound by these Terms.
- Limited License. Subject to these Terms, we give you a limited license to use the App through your mobile device.
- THE APP IS NOT AND SHOULD NOT BE REGARDED AS A SUBSTITUTE FOR PSYCHOLOGICAL, PSYCHIATRIC, MEDICAL OR OTHER PROFESSIONAL ADVICE, GUIDANCE, COUNSELING OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. IN CASE OF A MEDICAL EMERGENCY CALL YOUR LOCAL EMERGENCY DISPATCH CENTER.
- Age Restrictions. The App is intended and permitted only for individuals 13 years of age or older. Additional age restrictions may apply in your country. If you are under 18 and you wish to use download, install, access or use the App, you must get consent from your parent or guardian before doing so.
- Acceptable use. You may use the App for your individual and personal use. The Terms also define the acceptable and unacceptable use of the App.
- Account suspension. We may temporarily or permanently deny, limit, suspend, or terminate your account if you misuse the App.
- Intellectual property. All rights, title and interest in and to the App, including all intellectual property rights, are owned by – or licensed to us. We do not own the content you provide but you grant us a license to use it.
- Availability. We do not warrant or guarantee that the App will operate without disruption, errors, or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access.
- Disclaimer of warranty. Our App is provided for use “AS IS”. We disclaim warranties and representations, either express or implied, with respect to the App.
- Indemnity. You will indemnify us if you misuse the App.
- Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW WE WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES.
- Law & jurisdiction. Use of the App is governed by the laws of the state of Israel and subject to the exclusive jurisdiction of its courts.
- Contacting us. You may contact us with any question, request, comment, or complaint with respect to the App or these Terms, at firstname.lastname@example.org or through our contact form at: https://ggtude.com/support .
ABOUT THE APP
GGTude was founded to help people with the management and monitoring of their mental health while improving self-esteem & body image challenges, through Cognitive Behavioral Therapy (CBT). The Application tracks your digital behavior to improve your mental health by reducing maladaptive beliefs and utilizing a healthy inner monologue.
THE APP IS NOT AND SHOULD NOT BE REGARDED AS A SUBSTITUTE FOR PSYCHOLOGICAL, PSYCHIATRIC, MEDICAL OR OTHER PROFESSIONAL ADVICE, GUIDANCE, COUNSELING OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. IN CASE OF A MEDICAL EMERGENCY CALL YOUR LOCAL EMERGENCY DISPATCH CENTER.
REGISTRATION AND USER ACCOUNT
The App is available for both registered and non-registered users. However, some of the features of the App will not be available for non-registered users. Registration shall be made through a third party provider account, such as Apple, Google or Facebook (“Third Party Provider Account”).
Upon registration, we explicitly indicate the fields for mandatory completion. You must submit only true, accurate and complete details of your Third Party Provider Account. Incorrect or outdated information may prevent you from registering to the App and impair our ability to provide you with the App and to contact you. Once registered, our system will assign a unique ID to your account, so that your email address or name can no longer be linked to the information we collect regarding your use of your mobile device and Apps.
USE OF THE APP
Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, non-sub-licensable, non-transferable and non-assignable right and license, until the termination or expiration of these Terms, the termination of your Account or the deletion of the App, to use the App in accordance with these Terms, for your personal use. You may not use the App for commercial or business purposes or for any purpose not explicitly permitted by these Terms.
To provide you with the App, we will request permission to access the following components on your device: internal log data (App usage log), system clock, touch screen and keyboard, WiFi, cellular and geolocation components (country resolution only) and Audio/speaker settings.
You are prohibited from selling or transferring your Account or your login details – such as username and password – in any way to any third party.
You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details if you choose to sign-up to our App through a Third Party Provider Account. You are solely responsible and liable for all activities performed with or through your User Account due to breaching these terms or use.
PAYMENT FOR THE APP
The App is provided free of charge. However, we may, at our sole discretion, offer you additional features and services at additional cost. Payment is available through in-app purchases from the app stores, as available on your device (Apple App Store or Google Play). Payment terms, cancellation and refund policies shall be handled by, and in accordance with, the applicable country-specific terms of the third party providers with whom you made the purchase with. You can easily access the terms in the links below:
USER CONTENT, USER INTERACTION
You may upload, create, use, edit, share or otherwise provide content with other users of the App, such as your own statements or “thoughts”. Content that you and other users upload, create, use, edit, share, or otherwise provide through the App will be referred to as “User Content”.
We highly recommend that you take caution with the User Content you decide to publicly share, such as personal information that my breach your or others’ privacy. Once publicly shared, we cannot fully control third parties’ usage of the User Content.
You hereby warrant that you have all rights, license and authorizations to use and share the User Content, including from relevant third parties.
We do not claim any ownership to User Content. However, you grant us a worldwide, royalty-free, non-exclusive, transferrable, sublicensable, assignable, perpetual and irrevocable license to copy, reproduce, create derivative works of, distribute, display, sublicense, make available and communicate to the public User Content and any work derived from it. UserContent that you provide through the App may be available to all users of the App.
You may find User Content not compatible with your expectations, unhelpful, erroneous, objectionable, annoying, improper, unlawful, or even immoral. We do not endorse or sponsor User Content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for User Content.
We may, but are under no duty to, review content made available through the App. We may, in our sole discretion, temporarily or permanently delete or block access to User Content, if we find such content in violation of these Terms.
ACCEPTABLE USE OF THE APP
You are solely responsible for all acts or omissions associated with your access and use of the App and the access and use of the App by anyone on your behalf.
You may not, in any way, use the App if you are under 13. If you are under 18 and you wish to use download, install, access or use the App, you must get consent from your parent or guardian before doing so.
When using the App, you must refrain from –
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the App;
- Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
- Interfering with, burdening or disrupting the functionality of the App;
- Breaching the security of the App or identifying any security vulnerabilities in it;
- Knowingly and intentionally providing and erroneous or malicious User Content;
- Circumventing or manipulating the operation or functionality of the App, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App;
- Abusing, harassing, threatening or intimidating other users of the App;
- Using or launching any automated system, including robots, crawlers and similar applications to collect or compile content from the App, or in such ways that may impair or disrupt the App’s functionality;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; or
- Collecting, harvesting, obtaining, or processing personal information of or about other users of the App.
- Posting User Content which may be considered as –
- Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
- Identifying minors, their personal details or their address and ways to contact them;
- Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;
- Constituting a violation of a person’s right to privacy or right of publicity; or
- Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable
- You may not access or use the App in order to develop or create a similar or competitive product or App.
In addition to any remedies that may be available to us under any applicable law, we may, upon notice to you, temporarily or permanently deny, limit, suspend, or terminate your User Account, prohibit you from accessing the App and take technical and legal measures to keep you off the App, if we determine, in our reasonable discretion that –
- You abused your rights to use the App;
- You breached the Terms;
- You performed any act or omission that violates any applicable law, rules, or regulations;
- You have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users of the App;
- You used the App to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such act;
- You deliberately submitted false information or have failed to comply with our requests for information regarding your identity; or
- You have transferred your User Account to another person or entity.
Requests to remove content due to copyright infringement, must be made in accordance with our Copyright Policy available at: https://ggtude.com/copyright-policy. After we receive a request to remove or re-post content on the App, we will review the request and act as necessary.
All rights, title and interest in and to the App and the App’s software, including, without limitation, patents, copyrights, trademarks, trade names, App marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to us. We do not claim ownership of your User Content.
You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the App’s software, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from us.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our trademarks, Apps marks and logos. You must refrain from any action or omission which may dilute or tarnish our goodwill.
You may provide us with feedback, including information pertaining to bugs, errors and malfunctions of the App, performance of the App, the App’s compatibility and interoperability, and information or content concerning enhancements, changes, or additions to the App that you would like to have, desire or suggest. When you do so, you assign all right, title and interest in and to that feedback to us, including the right to make commercial use thereof, for any purpose we deem appropriate, without charge. You are not entitled to receive any remuneration for our use of your feedback, you represent that the feedback is original or that you have any intellectual property rights necessary to make the submission without restriction. Further, you waive any past, present or future moral rights you may have in the feedback.
CHANGES IN THE APP
We may maintain the App with periodic releases of updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.
We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the App. If you have a paid subscription to the App, we will only do so in a manner that does not materially diminish the performance or features available on the App.
We may temporarily suspend the operation of the App for maintenance purpose, and will aim to do so in a fashion that minimizes the impact on the users of the App.
The availability, quality and functionality of the App depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.
WE DO NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
CHANGES TO THE TERMS
We may change these Terms, in whole or in part, at our own discretion and at any time, and will provide you a notification thereof through the App. Your continued use of the App after being informed of the changes to these Terms indicates your consent to them.
If you do not accept the amended Terms, we may terminate the Terms and your User Account. The latest version of the Terms and its effective date will always be accessible through the App.
DISCLAIMER OF WARRANTY
THE APP IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, YOUR USER ACCOUNT, ANY INTERACTION RELATED TO THE APP AND ANY INTERFACE BETWEEN YOU AND THE APP.
WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY – REGARDING THE APP. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE AND BEAR ALL RESPONSIBILITY, RISKS, DAMAGES AND LOSS THAT MY BE RESULTED OF USING THE APP.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE APP, THE USE OF OR THE INABILITY TO USE THE APP OR YOUR USER ACCOUNT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT OR FRAUD, THE TOTAL AND AGGREGATE LIABILITY OF GGTUDE AND ITS STAFF, FOR ANY AND ALL DIRECT DAMAGES ARISING FROM OF OR RELATED TO THESE TERMS OR THE APP, IS LIMITED TO THE SUBSCRIPTION FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO OUR LIABILITY.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our employees, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of, and access to, the App in violation of any term of these Terms.
TERMINATION OF THESE TERMS
You may, at any time terminate these Terms and your User Account by providing us written notice of termination to email@example.com .
We may terminate these Terms and your license to use the App by issuing you a notice of such termination. Upon termination of these Terms or your User Account, for any reason –
- Your right to use the App is terminated and you must immediately cease using the App;
- We reserve the right (but have no obligation) to delete all of your User Content and account data stored on our servers.
Sections in these Terms that by their purpose of nature should survive the termination of These Terms, will so survive.
Your use of the App is subject to additional third-party terms and conditions that govern the App marketplace from which you downloaded the App, such as Apple App Store (“Stores”). Apple and other operators (“Stores Operators”) are not responsible for providing you with the App or any maintenance or support services with respect to it.
You and GGtude agree and acknowledge as follows:
- These Terms are concluded between yourself and us, and not the Stores Operators. The Stores Operators are not responsible for the App. In the event of a conflict between these Terms and the Stores’ terms of service, the Stores’ terms of service shall prevail solely with respect to the conflicting provisions.
- The license granted to you in the App is a limited, non-transferable license to use the App on any Stores Operators’ branded products that you own or control, as permitted by the Store Operators’ terms of service.
- Stores Operators have no obligation to furnish any maintenance and support services with respect to the App.
- To the maximum extent permitted by applicable law, the Stores Operators will have no 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 not be at the Stores Operators’ responsibility.
- The Stores Operators are not 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 (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.
- In the event of any third party claims that the App or your possession and use of the App infringes that third party’s IP Rights, the Stores Operators will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
- You must comply with applicable third-party terms when using the App (e.g., you must not be in violation of your wireless data services agreement when you use the App).
- The Stores Operators and their subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, the Stores Operators 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. 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.
If you have a complaint about the App or about GGtude, please first contact us at firstname.lastname@example.org, and we will carefully review and consider your complaint.
These Terms and your use of the App will be exclusively governed by and construed in accordance with the laws of the state of Israel. Any dispute, controversy or claim which may arise out of or in connection with these Terms or the App, shall be submitted to the sole and exclusive jurisdiction and venue of the competent courts in the District of Tel-Aviv-Jaffa, Israel.
These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements regarding the App.
These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and GGTude, other than that of two independent contractual parties.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or delegate these Terms or any of your rights, performances, duties, or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question, request, comment, or complaint that you may have with respect to the App or these Terms, at email@example.com.
Last updated: May 2022.