Version 2.0 posted and effective November 30, 2020
♥ Welcome to TRU LUV’s terms of services. These “Terms” are a legal document that sets out your rights and obligations, as well as our rights and obligations. When these terms refer to “you” or “your,” they mean you, the physical person reading them right now. When these terms refer to “us” or “we” or “our,” they refer to Tru Luv Media Inc. (“TRU LUV”).
At TRU LUV, we refer to our Users as “Tenders” and will do so throughout this document.
General inquiries may be sent to:
186-720 King Street West
Toronto, Ontario, Canada
Please read these terms carefully, since they include provisions which can affect your legal rights. Agreeing to these terms is a pre-condition to downloading and using the BreatheLUV or #SelfCare mobile apps (together, the “Apps”) or accessing our website (the “Website”, and together with the Apps, the “Services”). So, if you do not agree with these Terms, you cannot download or install our Apps on your device, use our Apps or navigate our Website. If you download or install our Apps, this action is deemed to be a consent to our Terms which are available in the Apple App Store and the Google Play Store (the “Mobile App Stores”) in the download page of our Apps prior for you to download our Apps. You can’t miss it. ♥
1. Nature and purpose of our apps
Our Apps are intended to promote wellness. We work with artists, psychologists and game designers to create emotionally conscious AI in our Apps that may help you to channel challenging emotions into resilience through gentle interactions and rituals.
However, it’s important to understand that our Apps are not a substitute for professional medical care. The use of our Apps may not be for everyone. If you experience acute or chronic mental or physical wellbeing challenges, you should consult a qualified medical professional. The information that we make available to you through our Services is for information purposes and is not medical advice.
2. Minimum age
Our Services are not intended for children under the age of 16. You must be at least 16 years old to access our Services. You represent and warrant that you are at least 16 years old, that you have full power, capacity and authority to agree to these Terms and have not been previously suspended or removed from using our Services.
3. Changes to these terms updates to our services
We may change these Terms from time to time, and these changes could involve either additions or deletions or both and could affect any part of the Terms.
We will provide you with notice of our proposed changes by posting an amended version of these Terms with a new version number. We will include a link to the previous version of the Terms near the new version number. The changes will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply.
If you disagree with our changes, you may terminate these Terms by uninstalling our Apps and ceasing to use our Services at any time and at no cost or penalty. The new version of these Terms will only apply after they are in effect, after the 30-day notice period prior to the Terms coming into force.
If you do not uninstall our Apps and cease to use our Services, your continued use of our Services will be considered a consent to the changes in the Terms.
We may update our Services from time to time in order to improve them. Your ability to continue using the Services may depend on your installing of updates to our Apps, and some functionalities or versions of our Apps may not be available on phones with older iOS versions. By turning on auto-update settings, you expressly consent to the installation of updates to our Apps.
4. Intellectual property and licences
All rights not granted herein are reserved by us. We own all rights, titles and interests into the Services and into our trademarks. Please do not use or display in any manner our trademarks without our prior consent. All content included in or made available through our Services, such as text, graphics, logos, images, audit clips and digital downloads, are our property (our “Content”). No portion of the Services or the Content may be reproduced in any form or by any means, except as expressly permitted by these Terms.
Our Apps and our Content are licensed to you, not sold. This licence is between you and us, and not with Apple or Google. We are solely responsible for our Apps and for our Content. These Terms also cover any upgrades provided by us which replace or supplement our original Apps, unless such an upgrade is accompanied by custom terms and conditions. You can set your settings on your mobile for Apps to upgrade automatically whenever we make a new upgrade available. If you do so, you authorize us to install these upgrades on your phone automatically.
For as long as we offer our Apps and if you comply with these Terms, we grant you a limited, revocable, non-exclusive, non-transferrable, non-sublicenseable, and royalty-free licence to download, install and use our Apps. This licence is only valid for the phones that you own or control and is subject to any terms and conditions applicable to your use of the Mobile App Stores.
Except as permitted by the terms and conditions of the Mobile App Stores, such as through family sharing, you may not distribute or make our Apps available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicence our Apps, so if you sell your device, you must remove our Apps before doing so.
Our Apps contain open source software, which are software libraries, algorithms or other works of code that are developed by others and made available freely to use. Open source software can be licensed under various open source licensing terms. Our Copyright Disclosure Policy contains a list of the open source software that we use, the names of the copyright owners, the associated open source software licence terms and any notices which we are required to include when distributing our Apps to you.
You may not copy (except as permitted by the Mobile App Stores or these Terms), reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of our Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing any open-sourced components included in our Apps, and as described in our Copyright Disclosure Policy). If our Apps are found in violation of the intellectual property rights of third parties, neither Apple nor Google will be responsible for the investigation, defense, settlement and discharge of the intellectual property infringement claim.
Subject to your payment of the fees in accordance with these Terms, we grant you a limited, irrevocable, non-exclusive, non-transferrable, non-sublicensable, perpetual and fully paid-up licence to download, install and use the In-App Purchases. However, we ask you to leave any copyright notices on our Content. This means you cannot modify them, alter them or delete them. Copyright notices include watermark and names of artists, for instance. This is important to show our artists the love they deserve. ♥
We are the sole owners of any suggestions, enhancement requests, recommendations or feedbacks you provide us with regarding our Services, so long as they relate to the Services. You hereby assign to us, without limitation of any kinds, all your rights, titles and interests therein, and we accept this assignment.
You also expressly authorize us to use any of your reviews that you leave for our Apps for our marketing publications, such as to feature your review on our Website. Notwithstanding anything to the contrary, if we are required by law to obtain a specific consent for our use of this review, we may contact you directly for a written authorization. You may refuse that we use your personal information for this purpose at any time, and you can write to us to ask us to remove your review at any time.
5. Fees payment terms
Our Apps may include in-app purchases that allow you to buy Content, such as drawings and pieces of art (the “In-App Purchases”). It is not necessary to make any In-App Purchases to use our Apps. Whilst you cannot switch off In-App Purchases from being offered to you within the Apps and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play our Apps. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases while using our Apps.
More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the Mobile App Stores rules and policies. If you are a parent or guardian of someone under the age of 18, we recommend that you consider any parental controls that may be provided by the Mobile App Stores if you are concerned that your child makes excessive In-App Purchases (although our Services are reserved for individuals of 16 years old and over).
In-App Purchases can only be made and consumed within the Apps. If you make an In-App Purchase, that In-App Purchase cannot be canceled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the Apps, then the Mobile App Stores rules and policies applicable to In-App Purchases will also apply.
If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase, in accordance with applicable laws. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the Mobile App Stores providers to refund you an amount up to the cost of the relevant In-App Purchase, in accordance with applicable laws. Alternatively, if you wish to request a refund, you may do so by contacting the Mobile App Stores operators directly.
You agree and acknowledge that all billing and transaction processes are handled by the Mobile App Stores provider from whose platform you download the Apps and are governed by their rules and policies. If you have any payment related issues with In-App Purchases, then you need to contact the Mobile App Stores directly.
6. Availability of our services
Our role is to use reasonable efforts to make our Services reasonably available. We cannot control – nor can we accept any responsibility for – any other issues.
In all cases, our ability to deliver our Services requires a stable connection. If your device’s ability to access data via wireless networks or the Internet is compromised, the Services may be delivered slowly, inaccurately, or not at all. These connectivity problems can arise from many sources, ranging from physical interference to power outages to errors by telecommunication providers. In such circumstances, your ability to effectively use our Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.
Our Services also depend on your device. If your device is damaged, not compatible with our Services (including updates to our Services), or if you have turned off settings on which our Apps depend to deliver our Services, then your ability to effectively use our Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.
Finally, our ability to effectively deliver our Services may depend on you having installed the latest version of our Apps. If you delay or refuse updates to our Apps, this may compromise or completely prevent us from delivering our Services. We cannot accept any responsibility for any problems or damages which might occur as a result. Updates to our Apps may include security patches, and it is important to keep your Apps updated.
7. Housekeeping rules
When using our Services, we insist that you follow some housekeeping rules. If you do not follow these rules, we may restrict or block your access to our Services with or without notice, indefinitely or temporarily.
- No reverse engineering. Do not decompile, disassemble, reverse engineer, investigate, modify, create derivative works from, or otherwise access any interfaces within our Services that are not intended for Tenders;
- No unauthorized access. Do not attempt to gain unauthorized access to our Services, or otherwise circumvent any software protection or monitoring mechanisms of our Services;
- Don’t copy our work or ideas. Do not access our Services in order to build a similar or competitive product or service or copy any ideas, features, functions or graphics of the Services or to copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Services;
- Respect Intellectual Property. Do not use our Services to transfer, disseminate or share content, information, data, software or any material that violates third-party intellectual property rights.
- Don’t impersonate others. Do not impersonate any person, including by registering using someone else’s identity to create an account, or by using credit cards that you are not authorized to use.
- Don’t break the law when using our Services. Do not use our Services in a way that violates applicable laws, including sending unsolicited communications, promotions or advertisements, or to spam our Tenders. Also, do not use our Services in any abusive way contrary to its intended use, to its documentation or to TRU LUV’s reasonable instructions.
- Don’t use your cyber skills to disrupt our Services.
- Don’t use our Services in any way that will disrupt other Tenders or their enjoyment of our Services. This includes automated, constant and repeated requests for data other than as intended for our Services to perform in a normal manner, such abnormal usage that overloads servers or causes portions of our network to be blocked (e.g. denial-of-service (DoS) and distributed-denial-of-service attacks (DDoS)).
- Don’t use spiders, scrapers and other technologies to “scrape” data, especially Personal Information of other Tenders. We respect our Users’ right to privacy, and we would like you to do the same when using our Services.
- Don’t create accounts in bulk or use bots to try to break into another User’s accounts.
- Do not hack us! This means that you can’t scan, probe or test the vulnerabilities of our Services, introduce malicious software, or deploy denial-of-services attacks.
We reserve our right to investigate and prosecute violations of any breach of our housekeeping rules, including without limitation, possible infringement of any intellectual property rights, to the fullest extent of the law. You acknowledge that, even if we have no obligation to monitor your access to or use of our Services, we have the right to do so if needed to enforce these Terms of Service.
7. Important information about our liability
We are solely responsible for providing any maintenance and support services with respect to our Apps, if any, and as specified in these Terms or as required under applicable laws. Neither Apple, Google or any third party have any obligation whatsoever to furnish any maintenance and support services with respect to our Apps.
You are solely responsible for complying with the terms and conditions of third parties applicable to your use of our Apps, such as those of your mobile carriers, when using our Apps.
We, not the Mobile App Stores’ operators, are responsible for addressing any claims by you or a third party relating to your possession or use of our Apps, including, without limitation, (a) product liability claims; (b) any claims that our Apps fail to conform with applicable legal or regulatory requirements and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection to our Apps’ use of the HealthKit framework.
Our Services may enable you to access third-party services, websites and applications (the “External Services”). You agree to use the External Services at your sole risk, because they are provided to you for references, and not as part of our Services. We are not responsible for examining or evaluating the content or accuracy of such External Services, and we are not liable for External Services.
Data displayed within our Services or the External Services are for general informational purposes only and are not guaranteed. You will not use the External Services in any manner that is inconsistent with these Terms or that infringes our intellectual property rights or those of a third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that we are not responsible for any such use.
The Services and External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. If you use External Services, you are solely responsible for compliance with applicable law. We reserve our right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Not Applicable to Canadian Consumers
The services are provided on an as-is, where-is, when-is basis, at your sole risk. We exclude all conditions and warranties regarding our Services, whether express, implied, or statutory, including any condition or warranty of merchantability, non-infringement, fitness for a particular purpose, and you hereby accept such exclusion.
Notably, and without limiting the generality of the preceding paragraph, we do not guarantee any particular level of up-time or availability of our Services. Our Services may become unavailable for many reasons, including scheduled and unscheduled maintenance by us.
8. Limitation of liability
Not Applicable to Canadian Consumers
With the exception of intentional wrongdoing or gross negligence, we shall not be liable for any damages caused by or related to our Services, our actions or inactions, or these Terms (including the breach of these Terms). This limitation of liability shall apply to all damages however caused, whether in contract, tort (including negligence), property, privacy, statute, or otherwise.
Notably, and without limiting the generality of the preceding paragraph, we shall not be liable for any loss of data, loss of revenue, loss of profits, loss of business opportunities, lost time, or legal fees and litigation expenses.
9. Duration and cancellation of these terms
These Terms begin upon your acceptance of the Terms and continue to last in full force until terminated by either you or us. You can terminate by uninstalling our Apps and ceasing to use the Services at any time.
Sections 1, 2(b), 5, 6, 7, 8, and 10 shall survive the breach or cancellation of these terms regardless of the reason, and shall continue to bind both you and us.
10. Export control
You may not use or otherwise export or re-export our Apps except as authorized by Canadian and United States law and the laws of the jurisdiction in which our Apps were obtained by you. In particular, but without limitation, our Apps may not be exported or re-exported (a) into any U.S. or Canadian embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons Lists or Entity Lists, or similar list(s) in Canada. By our using our Apps, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use our Apps for any purposes prohibited by United States or Canadian law, including, without limitation, production of nuclear, missile or chemical or biological weapons and other bad things like these!
Our Apps and the related documentation are “Commercial Items” as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States and Canada.
11. Governing law and jurisdiction
Not Applicable to Canadian Consumers
These Terms are governed exclusively by the domestic laws of Ontario and the federal laws of Canada applicable therein. The International Sale of Goods Act, RSO 1990, c I.10, does not apply to these Terms.
Any litigation arising from or related to these Terms or our App or our Services shall be submitted to the exclusive jurisdiction of the courts of Ontario sitting in Toronto, Ontario.
All disputes arising from or relating to these Terms or the Services shall be determined by a judge-alone trial. You and us irrevocably waive any right to a trial by jury.
Your rights under these Terms are personal to you and cannot be assigned to anyone else. We may assign these Terms without your consent, such as in the case of a merger and acquisition.
For clarity, these Terms are not intended to create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor are they intended to create any fiduciary duties.
Apple and Google are third-party beneficiaries to these Terms as it relates to our Apps, and upon your acceptance of these Terms, Apple and Google 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.
Not Applicable to Canadian Consumers
These terms (as amended from time to time) constitute the sole and entire legal agreement between you and us regarding the services. They replace and supersede any previous agreement or understanding between you and us regarding the services.