be.kinder you Terms
Terms of Use
Last Updated: September 5, 2023
Introducing be.kinder.you. (the “App”), a mobile application designed to deliver notifications containing positive affirmations and small tasks aimed at fostering personal well-being and positivity. Your use of the App signifies your acceptance of these Terms of Use. If these terms are not agreeable to you, kindly avoid using the App.
1. Acceptance of Terms
By utilizing the App, you confirm that you have read, comprehended, and consented to abide by these Terms of Use, along with our Privacy Policy. These terms form a legally binding agreement between you and bekinderyou.org (“we,” “us,” or “our”).
2. App Usage
2.1. User Eligibility:
You must be at least 13 years old to access and use the App. If you are under 13, please refrain from using the App. If you are between 13 and 18 years old, you must obtain consent from your legal guardian, such as your parents.
2.2. Personal Use Only:
The App is intended for personal, non-commercial use exclusively. You are not permitted to utilize the App for any commercial purposes without our prior written consent.
2.3. Account Registration:
To unlock certain features of the App, you may need to register an account. It is your responsibility to safeguard the confidentiality of your account credentials, and you are solely accountable for all activities conducted under your account. By creating an account on our service, you agree to receive newsletters, marketing materials, and other information from us. However, you have the option to unsubscribe from any or all of these communications by following the unsubscribe link or instructions provided in any email.
3. Content and Notifications
3.1. Positive Affirmations and Tasks:
The App offers positive affirmations and small tasks aimed at promoting positivity and personal well-being. The provided content serves informational and motivational purposes only and should not be considered a substitute for professional advice or treatment.
3.2. User-Generated Content:
You may have the opportunity to contribute user-generated content, such as comments or feedback, within the App. By submitting such content, you grant us a non-exclusive, worldwide, royalty-free, and perpetual license to utilize, modify, reproduce, and distribute that content for any purpose.
3.3. Body Balance Category:
The App features a “Body Balance” category that may include physical exercises like stretching or bending. Prior to engaging in any physical activity from this category, it is essential to consult with a qualified medical professional or healthcare provider, particularly if you have any pre-existing medical conditions or concerns. Participating in physical exercises carries inherent risks, and you should only undertake them if you are in suitable physical condition to do so safely.
3.4. Disclaimer of Responsibility:
We disclaim responsibility for any injuries, accidents, or harm that may occur as a result of your participation in physical activities or exercises provided through the App’s “Body Balance” category. It is solely your responsibility to ensure that you are physically capable of performing these activities and to exercise caution and good judgment while doing so.
3.5. Interacting with Others:
The App may include tasks encouraging positive interactions with others, such as smiling at random individuals. While these tasks aim to spread positivity and kindness, it is important to exercise discretion and be mindful of your surroundings. Not everyone may respond positively, and some individuals may react differently. We do not assume responsibility for any reactions or responses from others resulting from your participation in these tasks. Always place safety as your top priority, as well as that of those in your vicinity.
3.6. Disclaimer of Reactions:
While we encourage acts of kindness, we cannot control the reactions or responses of individuals you may encounter while performing these tasks. People have diverse backgrounds, moods, and sensitivities. Therefore, we disclaim responsibility for any reactions, misunderstandings, or consequences arising from your interactions with others, including their responses to your gestures of kindness.
3.7. Exercise Caution and Respect:
When engaging in tasks involving interactions with strangers or others, we strongly advise exercising discretion, respecting personal boundaries, and ensuring your actions are conducted safely and respectfully. This additional section helps users understand that while acts of kindness are encouraged, they should approach interactions with others with care and respect, as not everyone may respond as expected or desired. It promotes responsible and considerate behavior in the context of these tasks.
3.8. Notifications:
The App may send notifications to your device. You can manage these notifications through your device settings or the App’s settings. This disclaimer emphasizes the importance of user safety when engaging in physical activities and encourages users to seek professional advice before starting any new exercise routines.
4. Intellectual Property
The App has the capability to send notifications to your device, which can be managed through your device settings or the App’s settings. This disclaimer underscores the importance of user safety during physical activities and advises users to seek professional guidance before commencing new exercise routines.
4.1. Ownership:
The App Content, including design, logos, trademarks, and all other associated intellectual property, is owned by be.kinder.you LLC or its licensors and is safeguarded by applicable intellectual property laws.
4.2. Limited License:
You are granted a limited, non-exclusive, non-transferable license to access and utilize the App and its content for personal, non-commercial purposes. This license does not confer ownership rights in the App or its content.
4.3. User-Generated Content:
Any content you submit or post within the App, such as comments, feedback, or user-generated content, remains your intellectual property. However, by submitting such content, you grant us a non-exclusive, worldwide, royalty-free, and perpetual license to utilize, modify, reproduce, and distribute that content for any purpose within the App.
4.4. Prohibited Use:
Any content you submit or post within the App, such as comments, feedback, or user-generated content, remains your intellectual property. However, by submitting such content, you grant us a non-exclusive, worldwide, royalty-free, and perpetual license to utilize, modify, reproduce, and distribute that content for any purpose within the App.
4.5. Feedback:
Any content you submit or post within the App, such as comments, feedback, or user-generated content, remains your intellectual property. However, by submitting such content, you grant us a non-exclusive, worldwide, royalty-free, and perpetual license to utilize, modify, reproduce, and distribute that content for any purpose within the App.
4.6. Third-Party Content:
The App may feature content provided by third parties, which is subject to the intellectual property rights of those third parties and may be protected by copyright, trademark, or other intellectual property laws. We bear no responsibility and assume no liability for any content you or any third party posts on or through the Service.
5. Privacy
Your utilization of the App is additionally regulated by our Privacy Policy, which details our procedures for collecting, utilizing, and safeguarding your personal information. By using the App, you agree to adhere to the practices outlined in the Privacy Policy.
6. Termination
We retain the authority to suspend or terminate your access to the App, with or without prior notice, for any reason, including but not limited to a violation of these Terms of Use. Should you desire to deactivate your account, you can do so by ceasing to use the Service.
7. Changes to Terms
Updates to these Terms of Use may occur periodically. Any modifications will be communicated within the App, and the “Last Updated” date at the beginning of these terms will be adjusted accordingly. Your ongoing use of the App following such modifications indicates your acknowledgment and acceptance of the updated terms.
8. Disclaimers and Limitation of Liability
8.1. No Warranty:
The App is provided without any warranties, expressed or implied, on an “as is” and “as available” basis. We do not warrant the accuracy, reliability, or availability of the App.
8.2. Limitation of Liability:
To the maximum extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the App.
8.3 Disclaimer:
Your utilization of the”be.kinder.you” app entails inherent risks. The App is provided devoid of warranties, whether express or implied, encompassing but not limited to, implied warranties of merchantability, fitness for a specific purpose, non-infringement, or course of performance. We do not guarantee that:
a) The App will function uninterrupted, secure, or available at any specific time or location;
b) Any mistakes or flaws will be rectified;
c) The App is devoid of viruses or any detrimental elements; or
d) The outcomes from utilizing the App will align with your needs.
We make no representations or warranties regarding the accuracy, reliability, or availability of the App or its content. Any reliance on the App and its content is done at your own discretion and risk. We reserve the right to make changes, updates, or improvements to the App without prior notice. You acknowledge that your use of the App and any reliance on its content is solely at your discretion and responsibility. We shall not be liable for any damages arising from your use or inability to use the App or its content. This disclaimer constitutes the entire agreement between you and bekinderyou.org regarding your use of the App, superseding any prior agreements or representations. By using the App, you acknowledge and agree to this disclaimer. If these terms are not acceptable to you, kindly abstain from utilizing the App.
9. Governing Law
These Terms of Use will be governed by and interpreted by the laws of Texas, United States, without considering its conflict of law provisions.
10. Contact Us
If you have any inquiries or issues regarding these Terms of Use or the App, please reach out to us at info@bekinderyou.com. By utilizing the App, you consent to these Terms of Use and our Privacy Policy. We appreciate your choice to be.kinder.you. for your positive affirmations and well-being requirements.