be.kinder
you Terms

Terms of Use

Last Updated: September 5, 2023

Welcome be.kinder.you. (the “App”), a mobile application that sends notifications with positive affirmations and little tasks to promote personal well-being and positivity. By using the App, you agree to be bound by these Terms of Use. If you do not agree with these terms, please do not use the App.

1. Acceptance of Terms

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as our Privacy Policy. These terms constitute a legally binding agreement between you and bekinderyou.com (“we,” “us,” or “our”).

2. App Usage

2.1. User Eligibility:

You must be at least 13 years old to use the App. If you are under 13, please do not use the App. If you are between 13 and 18 years old, you need to review and agree by your legal guardian (such as parents).

2.2. Personal Use Only:

The App is intended for personal, non-commercial use only. You may not use the App for any commercial purpose without our prior written consent.

2.3. Account Registration:

To access certain features of the App, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and are solely responsible for all activities that occur under your account. By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

3. Content and Notifications

3.1. Positive Affirmations and Tasks:

The App provides positive affirmations and little tasks to promote positivity and personal well-being. The content provided is for 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 submit 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 use, modify, reproduce, and distribute that content for any purpose.

3.3. Body Balance Category:

The App includes a “Body Balance” category that may contain physical exercises like stretching or bending. Before engaging in any physical activity from this category, it is important to consult with a qualified medical professional or your healthcare provider, especially 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 are not responsible 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 your sole 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 that encourage you to engage positively with others, such as smiling at random people. While these tasks are intended to spread positivity and kindness, it’s essential to exercise discretion and awareness 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 that may result from your participation in these tasks. Always prioritize your safety and the safety of those around you.
This addition emphasizes the importance of being considerate when engaging with others and acknowledges that not everyone may respond in the same way to acts of kindness. It encourages users to exercise caution and respect the boundaries of others while participating in such tasks.

3.6. Disclaimer of Reactions:

We encourage acts of kindness, but 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 are not responsible for any reactions, misunderstandings, or consequences that may arise from your interactions with others, including their responses to your gestures of kindness.

3.7. Exercise Caution and Respect:

When participating in tasks that involve interactions with strangers or others, we strongly recommend exercising discretion, respecting personal boundaries, and ensuring your actions are conducted in a safe and respectful manner. 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. Please note that the addition of 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

4.1. Ownership:

The content, design, logos, trademarks, and all other intellectual property associated with the App (“App Content”) are owned by be.kinder.you LLC or its licensors and are protected by applicable intellectual property laws.

4.2. Limited License:

We grant you a limited, non-exclusive, non-transferable license to access and use the App and its content for personal, non-commercial purposes. This license does not grant you any ownership rights in the App or its content.

4.3. User-Generated Content:

Any content you submit or post within the App (e.g., 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 use, modify, reproduce, and distribute that content for any purpose within the App.

4.4. Prohibited Use:

4.5. Feedback:

4.6. Third-Party Content:

The App may contain content provided by third parties. Such content is subject to the intellectual property rights of those third parties and may be protected by copyright, trademark, or other intellectual property laws. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.

5. Privacy

Your use of the App is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the App, you consent to the practices described in the Privacy Policy.

6. Termination

We reserve the right to terminate or suspend your access to the App, with or without notice, for any reason, including but not limited to a breach of these Terms of Use. If you wish to terminate your account, you may simply discontinue using the Service.

7. Changes to Terms

We may update these Terms of Use from time to time. Any changes will be posted within the App, and the “Last Updated” date at the top of these terms will be revised accordingly. Your continued use of the App after such changes signifies your acceptance of the updated terms.

8. Disclaimers and Limitation of Liability

8.1. No Warranty:

The App is provided “as is” and “as available” without any warranties of any kind, either expressed or implied. We do not guarantee the accuracy, reliability, or availability of the App.

8.2. Limitation of Liability:

To the fullest 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 use of the “be.kinder.you” app is at your sole risk. 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. Be.kinder.you LLC (“we,” “us,” or “our”), its subsidiaries, affiliates, and licensors do not warrant that:
a) The App
will function uninterrupted, secure, or available at any particular time or location; b) Any errors or defects will be corrected; c) The App is free of viruses or other harmful components; or d) The results of using the App will meet your requirements. We make no representations or warranties concerning the accuracy, reliability, or availability of the App or its content. Any reliance you place 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 at any time without prior notice. You acknowledge that your use of the App and any reliance on its content is solely at your own discretion and responsibility. Be.kinder.you shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the App or any content therein. This disclaimer constitutes the entire agreement between you and bekinderyou.com regarding your use of the App, and it supersedes any prior agreements, understandings, or representations regarding the same. By using the App, you acknowledge and agree to this disclaimer. If you do not agree with these terms, please do not use the App.

9. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Texas, United States, without regard to its conflict of law principles.

10. Contact Us

If you have any questions or concerns about these Terms of Use or the App, please contact us at info@bekinderyou.com. By using the App, you agree to these Terms of Use and our Privacy Policy. Thank you for choosing be.kinder.you. for your positive affirmations and well-being needs.

be.kinderyou Terms