PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE USING LIFELY
MOBILE APPLICATION (OUR 'APP'). BY UTILIZING OUR APP, YOU AGREE TO BE
BOUND BY THE CURRENT VERSION OF OUR TERMS OF SERVICE AND PRIVACY
POLICY.
- General
Welcome to the App of Lifely ('App’', 'we', 'us'). Lifely provides a motivational and
empowering journal service for Users who download and install our App (hereinafter the
App may be referred to as the 'Service').
- Acceptance of the Terms of Use
We ask that you review and abide by these Terms and Conditions, our Privacy Policy .
Your use of the Service constitutes your agreement to these Terms and Conditions, and
we reserve the right to revise these Terms and Conditions at any time without notice to
you. When we make revisions, we will post them on the App and they will be effective
immediately upon posting. You agree to check this section periodically to be aware of
any changes to the Terms and Conditions. YOUR CONTINUED USE OF THE
SERVICES AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED
YOUR AGREEMENT TO THE MODIFIED TERMS AND CONDITIONS. If you do not
agree to these Terms and Conditions, please do not use the Service.
The Service is offered and available to users who are 13 years of age or older. By using
the Services, you represent and warrant that you are of legal age to form a binding
contract with Lifely and meet all of the foregoing eligibility requirements. If you do not
meet all of these requirements, you must not access or use the Service.
The Service and its Content are intended solely for personal and non-commercial use
by you. Any use of the Service or its Content other than for personal and
non-commercial purposes is strictly prohibited.
- What We Own
Unless otherwise noted, all material and services available through the App, and all
material and services provided by or through the Service, its affiliates, subsidiaries,
employees, agents, licensors or other commercial partners including, but not limited to,
software, all informational text, software documentation, design of and 'look and feel’,
layout, photographs, graphics, audio, video, messages, interactive and instant
messaging, design and functions, files, documents, images, or other materials, whether
publicly posted or privately transmitted as well as all derivative works thereof
(collectively, the 'Content') are the intellectual property of Lifely, our licensors, and our
contributors. The Content is protected by copyright, trademark, trade-dress, and any
other applicable national or international intellectual property laws. All Lifely trademarks
and service marks, logos, slogans and taglines are the property of Lifely. All other
trademarks, service marks, logos, slogans and taglines are the property of their
respective owners. Except as otherwise specifically provided herein, nothing should be
construed as granting any license or right to use any trademarks, service marks, logos,
slogans or taglines displayed on Lifely without our express written permission, or the
express written permission of such third-party that may own the trademark, service
mark, logo, slogan or tagline.
- Our License to You
Subject to this Agreement, Lifely hereby grants you a limited, revocable,
non-transferable and non-exclusive license to use the Service through a user
identification reference provided by Lifely ('User ID') to the extent, and only to the
extent, necessary to access and use our Service in accordance with the terms of this
Agreement. This license does not permit you, and you agree not to: store, copy,
reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell,
distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble,
decipher or otherwise attempt to discover any programming code or any source code
used in or with the Service or otherwise distribute in any way the components of the
Service other than as specifically permitted in this Agreement. You may not sell, assign,
sublicense, grant a security interest in or otherwise attempt to transfer any right in the
Service, create derivative works based on or in any manner commercially exploit the
Service, in whole or in part, other than as expressly permitted in this Agreement. Any
use of the Service for any purpose other than as specifically permitted herein or without
our prior consent or the prior written consent of our licensors, as applicable, is expressly
prohibited. We reserve all rights not expressly granted in this Agreement.
- Use of the Service
We reserve the right to withdraw or amend this App, and any Service or material we
provide. We will not be liable if, for any reason, all or any part of the Service is
unavailable at any time or for any period. From time to time, we may restrict access to
some parts of our App, to users, including registered users.
To access the Service, you may be asked to provide certain registration details or other
information, and to link an Apple Pay account. It is a condition of your use of the Service
that all the information you provide on the Service is correct, current and complete. You
agree that all information you provide to register with this App, including but not limited
to through the use of any interactive features, is governed by our Privacy Policy , and
you consent to all actions we take with respect to your information consistent with our
Privacy Policy .
Purchasers of our Premium subscription will need to pay for a monthly or annual
subscription prior to unlocking Premium content. All sales are final, and we do not offer
refunds for our Premium subscription.
We have the right to disable any user name, password, or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or no reason,
including if, in our opinion, you have violated any provision of these Terms of Service or
our Privacy Policy .
- Reliance on the Information Sent
The information sent via Lifely’s Service, or presented on or through our App, is made
available solely for general information purposes. We do not warrant the accuracy,
completeness, usefulness, or safety of this information. Any reliance you place on such
information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND
RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH
INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE
WHO MAY BE INFORMED OF ANY OF ITS CONTENTS OR THE CONTENTS OF
THE SERVICE.
- Content You Provide to Us
You are legally responsible for all information, data, text, software, music, sound,
photographs, graphics, video, messages or other Content uploaded, posted or stored in
connection with your use of the Service. Lifely is not responsible for your Content. You
hereby grant Lifely a worldwide, royalty-free, non-exclusive license to host and use the
Content in order to provide you with the Service, and hereby represent and warrant that
you have all the rights necessary to grant us such license. You are responsible for any
Content that may be lost or unrecoverable through your use of the Service. You are
encouraged to archive your Content regularly and frequently.
All information we collect through our App, or through your use of the Service is subject
to our Privacy Policy. By using the Site, App, and Service, you consent to all actions
taken by us with respect to your information in compliance with the Privacy Policy .
- Geographic Restrictions
The owner of the Service is based in Belarus. Access to the Service may not be legal by
certain persons or in certain countries. If you access the Service from outside Belarus,
you do so on your own initiative and are responsible for compliance with local laws and
cell phone service provider rates and terms of service.
- Copyright Notices
If Lifely publishes Material that you think infringes your copyright, please email us at
[email protected] and we will address your concerns. We reserve the right, at our
sole discretion, to remove any Content without prior notice.
- Email Correspondence
Emails sent to [email protected] considered our property. You can read more
about this in our Privacy Policy .
- Information Security
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we
cannot warrant that your information will be absolutely secure. Lifely has a variety of
safeguards – technical, administrative, and physical – in place to help protect against
unauthorized access to, use, or disclosure of user information.
- The Legal Stuff – Disclaimer and Limitation of
Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT, PRODUCTS
AND/OR SERVICE ON THE SITE OR ELSEWHERE ARE PROVIDED 'AS IS' AND ON
AN 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS,
LIFELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. R DOES NOT REPRESENT
OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER
THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING
ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE
TERMS AND CONDITIONS, LIFELY MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS,
RELIABILITY, OR COMPLETENESS OF THE SITE, TEXT MESSAGES, SERVICES,
CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM THIS
SITE, COMMENTS, INFORMATION, INFORMATION PROVIDED BY US OR OUR
VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO
FROM THE SITE.
LIFELY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY, ERRORS,
MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES,
INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE
THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE
SITE, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR
SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS
THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL
PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY
SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD PARTY SITE(S) BY
LIFELY OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE
NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT
NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF
LIFELY) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY
CONCERNING LIFELY'S SITE AND SERVICES, AND YOU ACKNOWLEDGE AND
AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR
REPRESENTATIONS.
IN NO EVENT SHALL LIFELY OR ITS SUBSIDIARIES, AFFILIATES, AGENTS,
SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR
LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN
CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, MATERIALS, CONTENT, OR
SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SITE OR ANY
THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF LIFELY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE
OF THE SITE. YOUR SOLE REMEDY AGAINST LIFELY FOR DISSATISFACTION
WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID,
IF LIFELY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING
OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE,
ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR
THROUGH THE SITE, LIFELY'S LIABILITY SHALL NOT EXCEED $100.00 IN THE
AGGREGATE.
- Arbitration
For any dispute you have with Lifely, you agree to first contact us at
[email protected] and attempt to resolve the dispute with us informally. If Lifely
has not been able to resolve the dispute with you informally, we each agree to resolve
any claim, dispute, or controversy (excluding claims for injunctive or other equitable
relief) arising out of or in connection with or relating to these Terms by binding
arbitration by the Belarusian Court. Unless you and Lifely agree otherwise, the
arbitration will be conducted in the county where Lifely's headquarters are located
(Minsk, Belarus).
- Termination
These Terms of Service are effective unless and until terminated by either you or Lifely.
You may terminate these Terms of Service as they apply to you at any time by ceasing
to use the App. Lifely may terminate these Terms of Service at any time immediately
and without notice, and accordingly deny you access to the App, for any reason in its
sole discretion; however, the provisions in these Terms of Service that relate to
intellectual property, indemnification, disclaimer, limitation of liability, and choice of law
shall survive any termination of these Terms of Service.
- Severability
If any portion of these Terms of Service is held to be invalid or unenforceable, the invalid
or unenforceable portion shall be modified in accordance with the applicable law with a
provision that most closely reflects the intention of the original provision, and the
remainder of these Terms of Service shall remain in full force and effect. The failure of
Lifely to insist upon or enforce strict performance by you of any provision of these Terms
of Service shall not be construed as a waiver of any provision or right.
- Changes to our Terms of Service
We may revise and update these Terms of Service from time to time at our sole
discretion. All changes are effective immediately when we post them, and apply to all
access to and use of the App thereafter. Your continued use of the App following the
posting of revised Terms of Service means that you accept and agree to the changes.
You are expected to check this page from time to time so you are aware of any
changes, as they are binding on you.