terms and conditions
Last updated 31/5-2018
This Terms of Service Agreement (Agreement) is a legally binding and valid agreement that, in addition to our Privacy statement, governs the use of our services, as provided via our Messenger ChatBot "@godosteps" (the ChatBot) as well as the iOS App “Steps” (the App) available in the Apple App Store and our website www.stepsapp.xyz and other services we create.
The Service is provided by Happy Hamster IVS, located at P.D. Løvs Allé, 2200 Copenhagen, Denmark (Hereafter called Happy Hamster or we). Please visit our website at www.godosteps.com or write to firstname.lastname@example.org to contact us.
The Agreement controls the relationship between you and Happy Hamster and does not establish any third party beneficiary rights.
You must be at least 18 years old (the “Minimum Age”) to create an account. If you are a parent or guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the Service.
By using the Service, you agree to the Terms of Service.
2. About Steps
Happy Hamster provides self-help tools to help you pick challenges to expose you to situations you want to become more comfortable in. In our Steps services you can monitor and see your progress, and other related details regarding your challenges. In order to provide more accurate results, we combine the data of all users to find patterns. We generally offer free basic services to our users. Please be mindful that if you suffer from other mental conditions, Steps might not be a good fit for you.
PLEASE DO NOT USE “STEPS” AS A SUBSTITUTE FOR PRESCRIBED THERAPY OR MEDICAL PURPOSES. IN CASE OF ANY INDIVIDUAL HEALTH ISSUES, CONSULT A MEDICAL PROFESSIONAL.
The Service is intended to provide general informational content about mental health and related topics. It collects user entered and otherwise provided data points related to challenges the users picks. These data points allow statistical and algorithm based data processing for overviews and correlations of occurrences of events related to mental health in general. The Service further provides functionalities to share information with other users.
THE SERVICE IS NOT INTENDED TO REPLACE PSYCHOLOGIST AND/OR MEDICAL ADVICE. BY USING THE SERVICE, YOU AGREE TO USE THE SERVICE FOR THE INTENDED INFORMATION AND COMMUNICATION PURPOSES ONLY AND PARTICULARLY NOT FOR MEDICAL PURPOSES.
To use the ChatBot, you will need to create an account with basic profile information. The App can be used in the following modes: (i) use without creating an account; in such case, data will only be stored locally on your device (the Local Service), (ii) use subject to creating an account, in such case, data will be stored locally on your device as well as on our servers so that the App can be used over several devices that are logged in.
The scope and functionalities of the Services may differ based on the jurisdiction in which you are using the Services. In particular, the ChatBot and the App may not be available in certain jurisdictions.
If you suffer from other severe mental health issues, please consider whether Steps is right for you and consult a doctor if in doubt? If you have autism or related diagnoses we do not recommend that you use Steps, as Steps' main purpose is to challenge established routines.
3. Creating an Account
Please register and create an individual account in order to access all of Steps’ features and functionalities.
In order to use the ChatBot you have to register and create a personal account (the Account).
The process of registration requires explicit consent to this Agreement, including all documents incorporated herein by reference. For the ChatBot you need to consent to continue. For the App you also need an individual password according to our password policy. Registration is completed when you confirm by clicking the respective link in the confirmation email that will be sent to your email address. You may opt to create an Account by connecting through your Google or Facebook account.
We are not obliged to accept any registrations and, in our sole determination and discretion, we shall decline the creation of any and all accounts that are intended to disrupt or falsify the Service or that, in fact, do disrupt or falsify the Service.
You are responsible for the security and confidentiality of your password. You are further responsible for all activities exercised on your Account.
4. Use of the Service
As a Steps user, you are entitled to use the services and content we provide. You may not, however, copy or publish any part of the app or services. By using Steps, you give us permission to use your anonymous information to improve services for all users.
Subject to your consent to this Agreement and your use of the Service, Happy Hamster IVS hereby grants to you a personal, non-assignable, non-exclusive, limited license (the License) to use the software provided to you as part of the Service (the Software). You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Software. You may not reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by applicable law.
The Software may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the Software and the Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the Service.
Using the Service (and/or providing input information) does not give you any legal right, title or interest in the Service or the Software. The Service and the Software are protected by copyright, trademark, intellectual property rights and other applicable laws.
In order to enable us to operate and improve the Service and to process and manage your User Content in line with our Privacy and Security Policy, you hereby grant Happy Hamster a worldwide, non-exclusive, fully paid, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate and distribute your User Content, without any further notice to you and without any compensation or obligation to you.
You agree not to post, upload, publish, submit, store or transmit any content or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
5. Fees and Payment
Access to the basic content is free for users for Steps Services.
Happy Hamster provide Services to users without the requirement of payment. In order to be able to provide the Services, we reserve the right to display advertising during your use of the Service. We may also provide an option to donate via the Services enabling your support of our Service.
6. Term and Termination
You may stop using the service at any time. We are also entitled to disable the service or to modify the functionalities, in our sole discretion.
With regard to the ChatBot and the App, you are free to terminate the legal relationship with Happy Hamster at any time by deleting your Account in accordance with the instructions provided in the ChatBot and the App. We are also free to terminate the legal relationship to you and/or provision of the Service altogether, in our sole discretion, at any time without further notice to you.
We shall, at our sole determination and discretion, and without further notice to you, suspend or terminate your use of the Service and/or your Account, and/or delete your User Content, if you are not complying with this Agreement or use the Service in any other way that could disrupt or falsify the Service.
7. Limitation of Liability
WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF CONSUMERS USE THE SERVICE FOR MEDICAL PURPOSES WHICH CONTRADICT THE EXPLICIT INTENTION OF OUR SERVICES.
HAPPY HAMSTER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL THERAPY, MEDICAL PURPOSES OR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE. YOU ARE RESPONSIBLE FOR SELECTING THE APPROPRIATE CHALLENGES TO YOUR OWN GOOD AND ASSURE THEY ARE LEGALLY AND ETHICALLY RESPONSIBLE IN THE TIME AND PLACE YOU PERFORM THEM.
Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the Service can be used to achieve particular interests, particularly that you will be able to complete your goals without anxiety. Neither do we warrant that suggested challenge-steps will be appropriate to the user, or that the output of the Service is complete and accurate. Rather, the Service shall only represent a self-help tool that suggest challenges according to the information provided by you.
The user is solely responsible for assessing the relevance of the content provided in the service or the user's specific needs. Provided we are liable for damages caused by the Service according to applicable law, liability shall be limited as follows and the limitation shall also apply to our representatives and agents. In the event of breaches of contract and corresponding liability caused by simple negligence it shall be limited to the typical average direct damages that were foreseeable at the time of concluding the contract. Neither we nor our legal representatives or agents assume any liability for breaches of non-essential contractual obligations arising from simple negligence; i.e. such obligations that are not required to perform the Service or this Agreement. The aforementioned limitations of liability do not affect any claims you raise under product liability law or a separate guarantee. For gross negligence and intentionally caused damages liability shall be unlimited. Further, the aforementioned limitations of liability do not apply to damages relating to life, limb and health attributable to us.
8. Data Protection
9. Final Provisions
Please note that the introductory text in boxes above each section are intended to provide a high-level overview and are not legally binding. Only the detailed numbered provisions of these terms are legally binding.
This Agreement shall be governed by the laws of the Kingdom of Denmark excluding the UN-Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions limiting the choice of law and requiring the applicability of mandatory regulations remain unaffected, particularly with respect to the statutory provisions effective in the state of your habitual residence as a consumer.
The platform for online dispute resolution as provided by the European Commission is available at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings in front of a consumer arbitration board and are principally not willing to take part in such proceedings.
The Agreement, along with all documents expressly incorporated herein by reference, is the entire agreement between you and Happy Hamster with respect to the Service and they replace any prior arrangement relating to the Service.
Please note that the Agreement may be amended from time to time and we will notify you by revising the “Last Updated” date at the top of the Agreement and for larger updates by providing you with an additional notice by email or postings on the App. In this notice, you will be informed about your right to object to the amendment of the Agreement within an adequate amount of time. Your continued use of the Service without informing us about your objection to a change or changes to the Agreement after the set period of time for objection shall constitute your acceptance of the change(s). If you do not accept the change(s) to the Agreement without being a customer to the Subscription Service, you hereby acknowledge that your only recourse is to terminate your use of the Service in accordance with the terms herein.