Overview
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the ToSelf application ("the App") operated by ToSelf, Inc. ("the Company", "We", "Us", or "Our").
Your access to and use of the App is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the App. By accessing or using the App, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the App.
Interpretation and definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application refers to ToSelf, the software program provided by the Company, available for download on mobile devices and accessible via the web.
- Account means a unique account created for You to access the App or parts of the App.
- Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to ToSelf, Inc., 2193 Fillmore St, San Francisco, CA 94115.
- Content refers to text, journal entries, data, information, or other materials that You create, submit, or display through the App.
- Country refers to: California, United States.
- Device means any device that can access the App such as a computer, a cellphone, or a digital tablet.
- Service refers to the Application.
- You means the individual accessing or using the App, or the company, or other legal entity on behalf of which such individual is accessing or using the App, as applicable.
User accounts
When You create an Account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account.
You are responsible for safeguarding the password that You use to access the App and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity without appropriate authorization.
Your content
The App allows You to create, store, and manage journal entries and related content. You retain all rights to the Content You create through the App. We do not claim ownership over any of Your Content.
By using the App, You grant Us a limited license to process, store, and display Your Content solely for the purpose of providing and improving the App's functionality, including analytics features. We will not share, sell, or use Your Content for any purpose other than providing the Service to You.
You are responsible for the Content that You create and store in the App. You agree not to use the App for any unlawful purpose or in violation of any applicable laws.
Acceptable use
You agree not to use the App to:
- Violate any applicable local, state, national, or international law or regulation.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is hosted, or any server, computer, or database connected to the App.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App.
- Use any automated means, including robots, spiders, or scrapers, to access the App for any purpose without Our express written permission.
Intellectual property
The App and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of ToSelf, Inc. and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ToSelf, Inc.
Subscriptions and payments
Some parts of the App may be offered on a subscription basis. You will be billed in advance on a recurring basis according to the billing cycle of Your chosen subscription plan.
If You purchase a subscription through the Apple App Store or Google Play Store, the purchase is subject to the respective store's terms and conditions. Billing and refund inquiries for in-app purchases should be directed to the applicable store.
We reserve the right to modify subscription fees at any time. Any price changes will take effect at the start of the next subscription period following the date of the price change. Your continued use of the App after the price change constitutes Your agreement to pay the updated amount.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the App will cease immediately. If You wish to terminate Your Account, You may do so by discontinuing use of the App and contacting Us to request account deletion.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall ToSelf, Inc., its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use, the App.
- Any conduct or content of any third party on the App.
- Any content obtained from the App.
- Unauthorized access, use, or alteration of Your transmissions or Content.
Disclaimer
The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
ToSelf, Inc. does not warrant that the App will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.
The App is a journaling and analytics tool and does not provide medical, therapeutic, or professional advice. The insights and analytics generated by the App are for informational purposes only and should not be relied upon as a substitute for professional guidance.
Governing law
The laws of the State of California, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.
Dispute resolution
If You have any concern or dispute about the App, You agree to first try to resolve the dispute informally by contacting Us. If the dispute is not resolved within 30 days, either party may pursue formal resolution through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association.
Changes to these terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use the App after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the App.
Contact us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: support@toself.io