Terms & Conditions, Privacy Policy and Cookie Policy.
Effective date: June 03, 2020
Hi, there. We usually try to make our content as succinct as possible, so we promise this is the longest thing we’ll ever make you read. But, it is important, so please make sure you read this document (“Terms and Conditions, Privacy Policy and Cookie Policy”) carefully as it contains important information regarding your legal rights, remedies, and obligations.
This User Agreement (this “Agreement”) includes the “Terms and Conditions”, Privacy Policy”, and is a contract between you (“you” or “User”), Journify, Inc. (“Journify,” “we,” or “us”), a Delaware Corporation, and any of our affiliates. You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a user of the Website (located at https://journify.co) or downloading any of our applications from third party App stores, including but not limited to the Apple App Store and the Android Play Store (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Journify).
Subject to the conditions set forth herein, Journify may, in its sole discretion, amend this Agreement and the other Terms and Conditions, Privacy Policy and Cookie Policy at any time by posting a revised version on the Site. Journify will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms and Conditions and Privacy Policy on the Site and sending you notice by email. If the Substantial Change includes an increase to Fees charged by Journify, Journify will provide at least 24 hours advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms and Conditions and Privacy Policy will take effect on the noted effective date (each, as applicable, the “Effective Date”).
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISION OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS AND CONDITIONS. IF YOU AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS AND CONDITIONS AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS AND CONDITIONS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.
1. GENERAL INFORMATION
1.1 IMPORTANT TERMS
The term “Device” refers to the device which is used to access the Products including but not limited to computers, smartphones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may be asked to accept these Terms prior to your purchase of access to the Products. At such time, if you do not accept the Terms, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
Our contact email address is contact@journify.co. All correspondence to Journify including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND Journify AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.3 BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Journify.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
2. USERSHIPS AND SUBSCRIPTIONS
2.1 BECOMING A USER
(a) You may sign up as a registered user of the Products free of charge (a “User”). To become a User you need to go to the relevant section of the Products, then submit your name and email address to us, and create a password to be used in conjunction with that email address. You may not register for more than one User account. In addition to directly inputting your name, email and address, we also offer other methods for becoming a User via Third Party Apps (e.g. Facebook, Google, etc). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
(b)In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
(c) By registering for a Journify account, the Products, you warrant that:
(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.
2.2 ONCE A USER
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
2.3 USE OF JOURNIFY BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
2.4 USERSHIP
As a Journify User you will receive access to certain sections, features and functions of the Products that are not available to non-users.
By agreeing to become a User you may receive occasional special offerings, marketing, and survey communication emails with respect to the Product. You can easily unsubscribe from Journify commercial emails by following the opt-out instruction in these emails.
Journify usership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange usership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
2.5 SUBSCRIPTIONS
(a) Journify account holders may access the Products in three ways:
(i) Free Trial: a free-of-charge program, which gives users access to the Premium version for a specific time frame or usage of the Product.
(ii) Free Monthly (“Basics”): a free-of-charge program, which gives users access to up to 5 audio journaling recordings on any given 30-day rolling period, and unlimited use of other features of the Product.
(iii) Paid Subscription (“Premium”): a subscription fee-based program, which gives access to unlimited audio journals and all content including and beyond the "Basics" offering. You will only have access to Premium while your subscription is active and subsisting. You may have access to a free trial period of Premium in accordance with certain promotional offers. You may access Journify Plus in the following ways: by purchasing a subscription within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them. (b) You may access Premium via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 rolling calendar days and a year constitutes 365 rolling calendar days.
(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Journify is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(h) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Journify is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(e) Journify offers certain special discount pricing options (the “Special Discount Pricing Options”). The Special Discount Pricing Options will permit users to access to the same content included in Premium; such Special Discount Pricing Options shall only be available to qualified users (the “Qualified Users”). To be considered a Qualified User, must access the Special Discount Pricing Options via a dedicated page or promotional code for the offering that was sent to you by Journify via any communication channel or displayed via an advertising channel. Journify reserves the right to determine if you are a Qualifying User in our sole discretion.
(f) You agree to promptly notify Journify of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(g) In the course of your use of the Products, Journify and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Journify and Journify’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(i) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Journify for commercial purposes.
2.6 DEVICE REQUIREMENTS
To enjoy Journify via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.
2.7 CORPORATE AND OTHER PARTNERS
Many companies, communities or collaborators (corporations, influencers, universities, non-profits, hospitals, etc.) (“Partners”) may purchase and introduce the Products to their employees and users. In some cases, these Partners may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for Premium access. In such event, these Partner terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.
2.8 CHANGING FEES AND CHARGES
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
3. CANCELLATION OF SERVICES
3.1 CANCELLATION BY YOU
You may cancel a Monthly or Yearly subscription at any time. Cancellation is effective at the end of the applicable monthly or annual period, respectively. Please make any such cancellation by following the instructions from the Third Party App Stores or email us at contact@journify.co for support.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
3.2 CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
3.3 PROMOTION AND DISCOUNT CODES
Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Partner subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
4. PROHIBITED USE OF THE PRODUCTS
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
4.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Journify.
5. MATERIALS OFFERED THROUGH THE PRODUCTS
5.1 COPYRIGHT
(a) All materials (including software and content whether downloaded or not) contained in the Products are owned by Journify (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
(b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.
(c) Audio or video content from Journify not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Journify through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Journify grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Journify will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5.2 TRADEMARKS
Journify®, the Journify logo and all other Journify product or service marks are trademarks of Journify. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Journify will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. AVAILABILITY OF PRODUCTS
6.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at contact@Journify.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
6.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing contact@Journify.com.
7. USER MATERIAL
7.1 The Products allow you to submit material to us, including without limitation the ability to upload a photo to your profile, take the different assessments and check-in questionnaires or surveys, record your audio journal entries via voice, enter titles, tags, notes, post comments, and submit your personal testimonials. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.
7.2 This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.
7.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Journify or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Journify. You acknowledge that we may indirectly commercially benefit from use of your User Material.
7.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(e) You will not collect email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, Journify’s computer systems, or the technical delivery systems of Journify’s providers.
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Journify system or network or breach any security or authentication measures.
7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
7.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Journify an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Journify may include your User Material in Journify’s Distribution Content that is made available to others through the Products. Be aware that Journify has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Journify and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Journify an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Journify has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Journify and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
8. LINKS TO WEBSITES
8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Journify. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to contact@journify.co.
9. PRODUCTS DISCLAIMER
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
10. MEDICAL DISCLAIMER
10.1 Journify is a provider of an online and mobile services (e.g. journaling via audio) and content related to reducing stress, improving mindfulness, sleep and motivation in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. Journify makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.
10.2 Any health information and links on the Products, whether provided by Journify or by contract from outside providers, is provided simply for your convenience.
10.3 To the extent that you participate in any of the challenges or exercises displayed via the Products (“Exercises”), you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Journify has advised you of the necessity of doing so.
10.4 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
10.5 People with existing mental health conditions should speak with their health care providers before using the Products on a regular basis.
11. END USER LICENSE
11.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this section 11, and these other Terms, and your payment of applicable subscription fees, Journify grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.
11.2 The Products contain or embody copyrighted material, proprietary material or other intellectual property of Journify or its licensors. All right, title and ownership in the Products remain with Journify or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
11.3 You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
(b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
(d) Tamper with the Products or circumvent any technology used by Journify or its licensors to protect any content accessible through the Products;
(e) Circumvent any territorial restrictions applied to the Products; or
(f) Use the Products in a way that violates this License Agreement or the other Terms.
11.4 You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Journify or its licensors and your use of them must be in accordance with these Terms.
12. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
12.1 We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
12.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
12.3 If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please provide our designated agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Products;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(g) Our designated agent for notice of claims of copyright infringement can be reached by email to contact@journify.co with the subject line: DMCA.
13. GENERAL TERMS AND CONDITIONS
13.1 ASSIGNMENT BY US
Journify may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
13.2 INDEMNITY BY YOU
You agree to defend, indemnify and hold Journify and its directors, officers, users, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Products, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Products, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Products; or (iv) your breach or violation of the law or of these Terms. Journify reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Journify defense of such claim.
13.3 WARRANTIES AND LIMITATIONS
(a) This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
(b) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(c) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.
(d) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall Journify be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products, unless caused by Journify’s gross negligence, recklessness, or willful misconduct.
(e) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.
(f) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
13.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
13.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
13.6 INTERPRETATION
In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
13.7 PREVAILING LANGUAGE AND LOCATION
The English language version of the Terms and Conditions will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.
13.8 ELECTRONIC COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.
(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at contact@journify.co.
(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.
(e) To receive and view an electronic copy of the communications you must have the following equipment and software:
(i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
(ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.
(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
(g) You can also contact us via email at contact@journify.co to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Products.
(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
13.9 NOTICES
Unless otherwise specifically indicated, all notices given by you to us must be given to Journify at contact@journify.co. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
13.10 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
13.11 THIRD PARTY RIGHTS
A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms.
13.12 LIMITATION OF JOURNIFY’S LIABILITY
(a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Products in question. In addition, we will not be liable for:
(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.
(iii) Any use of websites linked to the Products but operated by third parties.
(b) TO THE FULLEST EXTENT PERMITTED BY LAW, JOURNIFY AND ITS AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE PRODUCTS, OR LOST BUSINESS OR LOST SALES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE PRODUCTS, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE PRODUCTS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO JOURNIFY FOR YOUR USE OF THE PRODUCTS IN QUESTION.
(c) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall Journify be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13.13 ARBITRATION
DISPUTE RESOLUTION AND BINDING ARBITRATION PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH JOURNIFY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JOURNIFY INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Journify are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Journify. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Journify for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(c) Authority of Arbitrator. The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of you and Journify. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Journify.
(d) Jury Trial Waiver. Except where not permitted by law, you and Journify waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Journify elect to have claims and disputes resolved by arbitration. In any litigation between you and Journify over whether to vacate or enforce an arbitration award, you and Journify waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Journify AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Journify are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.
(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Journify can force the other to arbitrate. To opt-out, you must notify Journify in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Journify account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to the email address contact@journify.co with the subject line: OPT OUT.
(g) Small Claims Court. Notwithstanding the foregoing, either you or Journify may bring an individual action in small claims court.
(h) Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.
(i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Journify.
13.14 CHOICE OF LAW
Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
13.15 SEVERABILITY
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Journify, Inc. is located at 19 Morris Avenue, Building 128, Brooklyn, NY 11205. USA. For more information about the Terms and Conditions please email us at contact@journify.co.
Journify, Inc. (“Journify,” “us,” "we," or “our”) is committed to protecting and respecting your privacy in connection with your use of our website, www.journify.co (the “Website(s)”), applications (“Apps”) and other products, services and features thereof (the Website, the Apps and such other products, services and features are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Journify). This privacy policy (“Privacy Policy”) and any other documents referred to herein set forth the basis on which any personal data we collect from you, or that you provide to us, in connection with the Products will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will collect, use and disclose your personal data.
1. DATA WE MAY COLLECT
We may collect and process the following data about you: • Personal data including, for example, your name, e-mail address, password, and in certain instances, data about your usage of the Products and data collected by tracking technologies as further described in section 4 below that may identify you as an individual or allow online contact with you as an individual.
• Journify does not collect or process credit or debit card (“Payment Card”) data. Apple and Google collect Payment Card data with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card data with respect to purchases made through the Websites. Such payment processors generally provide us with some limited data related to you, such as a unique, anonymous token that enables you to make additional purchases using the data they’ve stored, and your card’s type, expiration date, billing address, and the last four digits of your card number.
• For individuals using the Products in connection with a Partner account as described in section 6, business data such as your company name, and company email address to the extent that you or your Partner provides such data.
• Facebook or Google profile information, such as name, email address, and Facebook or Google ID, if you choose to log in to the Products through Google or Facebook.
• Device information such as operating system version, device type, and system performance data.
• Data that you input when recording and saving an audio journal entry, including without limitation the voice recording itself, notes, title, and associated tags. In order to offer certain features within the Products, the recordings are also stored as text.
• Data collected via tracking technologies, as fully described in section 4.
2. CONFIDENTIALITY AND SECURITY
The security of your personal data is important to us. We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal data, you can contact us at contact@journify.co. Except as described under the “Disclosure of Your Data” section below, we do not provide your personal data to any third party without your specific consent, as defined by applicable law.
3. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS
If you sign up to receive promotional materials from us via email, in-app messages, and/or push notifications, we will use the data you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by emailing us at contact@journify.co, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level.
If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply.
4. TRACKING TECHNOLOGIES
Journify and our analytics partners use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you don't have to provide the same data several times during one task, to recognize that you may have already given a username and password so you don't need to do it for every web page requested, and to measure how people are using the Products.
We use local storage, such as HTML5, to store content data and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store data. Various browsers may offer their own management tools for removing HTML5.
We partner with third parties, such as Facebook and Google, to manage our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to our Website. Our third party partners may use technologies such as cookies to gather data about your activities within the Products to deliver such advertising to you, such as retargeting ads. We are not always able to respond to do-not-track signals.
For more data about interest-based ads, including how to opt-out of having your web-browsing data used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account.
We use third party trackers to let us know when users have visited the Products by “clicking-through” our sponsored advertising or content hosted on third party platforms. The Products use Google Analytics and Google Firebase code to gather event and statistical data. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more data on how Google Analytics processes this data, visit www.google.com/analytics and/or https://firebase.google.com/.
We will acquire consent from you in order to use such trackers to the extent required by applicable law.
For more information on the types of cookies used by Journify and your ability to restrict the behavior of cookies or disable them in your browser’s settings, please refer to our Cookie Policy.
MOBILE ANALYTICS:
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record data such as how often you engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the data we store within the analytics software to any personal data you submit within the mobile application.
LOG FILES:
As true of most websites, we gather certain data and automatically and store it in log files. This data may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.
5. WHERE WE STORE YOUR PERSONAL DATA
All data you provide to us through the Products is stored on our secure servers located in the US. Any payment transactions will be encrypted using SSL technology; all payment data is stored with our payment processor and is never stored on Journify’s servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that your change your password frequently.
Unfortunately, the transmission of data via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Products; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
6. PARTNER SHARING
We work with partners (companies, universities, hospitals, government agencies, non-profit organizations, influencers, etc.) (“Partners”) to introduce the Products to their employees, members and users. If you have registered to use the Products through a code or other registration credential furnished by a Partner (a “Partner Subscription”), the Partner will have access to your email address, the date you registered to use the Products, and the date on which you last used the Products. The Community will also have access to your Partner's aggregated and anonymized general usage data.
The Partner may also have access to your usage data on an individual basis, but only if you have provided appropriate consent under applicable law for such sharing.
7. SINGLE SIGN-ON
You may be able to log-in to our Products using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal data (such as your name and email address) with us, and to pre-populate our sign-up form. Services like Facebook Connect give you to the option to post data about your activities on our Products or to your profile page to share with others within your network.
8. YOUR DATA RIGHTS
The European Union law called the General Data Protection Regulation (“GDPR”) give certain rights to applicable individuals in relation to their personal data. Accordingly, we have implemented transparency and access controls to help such users, including residents of the EU, Switzerland, and the United Kingdom exercise those rights. As required under applicable law, the rights afforded to you are:
A right of access: you have the right to obtain (i) confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain (ii) access to such data and a copy thereof. To request a copy please email contact@journify.co with the subject line: GDPR - Copy.
A right to rectification: you have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. Upon request, Journify will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. However, this is not an absolute right and Journify may have legal or legitimate grounds for keeping such data.
A right to restriction of processing: in some cases, you have the right to obtain restriction of the processing of your personal data.
A right to data portability: you have the right to receive the personal data concerning you which you have provided to Journify, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from Journify. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.
A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you when such processing is based on the legitimate interest of Journify. Journify may, however, invoke compelling legitimate grounds for continued processing. When your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of such data. You may, in particular, exercise that right by clicking on the “unsubscribe” link provided at the bottom of any messages received, or by emailing us at contact@journify.co with the subject line: PRIVACY.
A right to lodge a complaint with the competent supervisory authority: you have the right to contact the supervisory authority to complain about Journify’s personal data protection practices.
A right to give instructions concerning the use of your data after your death: as required by applicable law, you may have the right to give Journify instructions concerning the use of your personal data after your death. To exercise one or more of these rights, you can email contact@journify.co.
You may access your personal data to modify or update at any time via an online account, or by emailing contact@journify.co.
We will respond to your request in a reasonable timeframe in accordance with applicable law.
9. USES MADE OF THE DATA
We use information held about you in the following ways:
To provide you with the Products.
To answer your questions or requests for information or handle your complaints.
To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.
To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law.
To carry out our obligations arising from any agreements entered into between you and us.
To allow you to participate in interactive features of the Products, when you choose to do so.
To notify you about updates or changes to Product features and content.
To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state or country).
To conduct research and development activities that may lead to additional features in the Products.
To account for applicable sales taxes based on zip codes provided to our payment processors for purchases made through the Website.
To inform a Partner about your registration and use of the Products as described under Partner Sharing in section 6 above.
To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent for such uses under applicable law.
To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
To manage your payments and orders.
If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you, except if you opt-out to such communications.
10. LEGAL BASES OF PERSONAL DATA PROCESSING
In accordance with GDPR, Journify provides the following information regarding its Article 6 legal bases for personal data processing:
The performance of the contract (the Terms & Conditions) between you and Journify for the data processing relating to your use of Journify’s Products (including your orders and payments);
Journify’s legitimate interest, more specifically:
Our business interest in providing you with emails and push notifications for timely introductory materials and information about your Journify account, our Product features and updates, and offers to upgrade your free account to a subscription account.
Our financial interest in providing you with promotional offers and/or discounts with respect to paid subscriptions.
Our business interest in offering you particularized or adapted content based on your usage of the Products.
Our business interest in collecting data regarding your general usage activities for the purpose of improving our Product’s user experience.
Our business interest in allowing you to use the Product more efficiently and effectively (e.g. filter journals by keywords).
Our business interest in requesting that you partake in Product surveys in order to better understand your needs and expectations.
Our business interest in providing you with an incentive to invite another User to Journify.
Our business interest in providing you with customer service communications regarding your account, questions about our content offerings or your mindfulness practice, or any other matters directed to customer service staff, in order to have clear and easy communication with you and to respond to all your requests.
Our business interest in collecting data related to unplanned downtime or errors in the Products.
Our business interest in complying with our legal obligations, such as maintaining accurate financial records.
Our business interest in verifying your eligibility in a Community and providing limited reporting to such Community, as further described in section 6.
11. DISCLOSURE OF YOUR DATA
We may disclose your personal data to any user of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We may also disclose your personal data to third parties as follows:
In some circumstances, based on your specific requests, we may need to disclose your personal data to a third party so that it can provide a service you have requested from such party, or fulfill a request for data from such party. An example of this is the SMS Service.
In some circumstances, we may disclose the personal data that you have provided to Journify to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality, complementary services or bundled pricing options.
If Journify’s service providers (like hosting, IT maintenance, market analytics, and payment service providers) require this data to provide services to Journify. Journify requires each of its service providers to agree to maintain the confidentiality and security of your personal data.
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Journify or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of Journify, our customers, or others. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.
With a Partner, if your subscription is a Partner Subscription, as described under Partner Sharing above.
With third parties, such as Facebook, in order to serve Journify advertisements on such third party platforms, to the extent that you have consented to such practices under applicable law.
12. DATA RETENTION
The retention periods applied by Journify comply with applicable legislation in effect on the date hereof, namely:
For data relating to your account: such data will not be retained beyond your request that your account be deleted.
For transactional data relating to your purchases: such data is kept for the entire period of the contractual relationship, then in accordance with legal obligations and applicable statute of limitation periods. Please note that this data does not include Payment Card information, which is processed by our third-party payment processors, and not Journify.
For data collected based on your consent to receive our marketing communications: we will use such data until you withdraw consent or applicable law requires that such data is no longer used.
When your data are collected in the context of requests/queries: such data are kept for the period necessary to process and reply to such requests or queries.
When cookies or other trackers are placed on your terminal, they are kept for a period of 12 months.
Other data will be kept as long as necessary for the purposes pursued and in compliance with our legal obligations, including the applicable statute of limitations.
13. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES
To the extent that you have provided appropriate consent under applicable law to certain processing activities, such consent can be withdrawn at any time by emailing us contact@journify.co with the subject line: WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES.
14. LINKS TO THIRD PARTY SITES
The Products may, from time to time, contain links to and from the Products of our partner networks, advertisers and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal data to these external websites.
15. SOCIAL MEDIA WIDGETS
Our Products may include social media features, such as the Facebook Like button, and widgets, such as the “Share This” button, or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it.
16. USE OF JOURNIFY BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account.
18. DATA POSTED ON FORUMS
Journify users may have the ability to post content to one or more Journify forums. All such users may request and obtain removal of such posted content by contacting Journify at contact@journify.co and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the Journify forum(s).
19. DELETION REQUEST RIGHTS
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will permanently and irrevocably anonymize your personal information, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
To exercise the access, data portability, and deletion rights described above, please email us with verifiable consumer information at contact@journify.co with the subject line DELETION RIGHTS.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We also provide an easy alternative for audio journal entries to be deleted from the Products. For detailed instructions on how to access such feature, please email us at contact@journify.co or contact us via the help option in the Products.
Upon receiving a request for access, portability, or deletion, we will confirm receipt of the request within 10 days and provide information about our verification process and how we will process the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
We will deliver our written response to the email address associated with the account for account holders, and to the email address provided with the request submission for non-account holders.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily readable and usable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
20. COOKIE-BASED MARKETING OPT-OUT
Like most companies, we partner with third parties, such as Facebook and Google, to manage our marketing of Journify on other platforms, where such advertising is based on your past visits to our Products. These third party partners may use technologies, such as cookies, to gather information about your activities on the Products to deliver such advertising to you when you visit their platforms. For instance, if you visit www.journify.co, a cookie may be attached to your browser in the form of the Facebook Pixel that allows Journify to deliver advertising to you on the Facebook platform.
You can opt-out of the above-referenced cookie-based retargeting by emailing us at contact@journify.co with the subject line: opt-out of marketing / analytics cookies.
We do NOT use cookies so that third parties can serve ads to you about their own products or services.
We do NOT sell or rent your personal information to any third parties for their own advertising or marketing purposes.
21. CHANGES TO OUR PRIVACY POLICY
We may update this Privacy Policy to reflect changes to our data practices. If we make any material changes we will notify you by in-Product message, email (sent to the e-mail address specified in your account) or by means of a notice in the Products prior to the change becoming effective. We encourage you to periodically review this page for the latest data on our privacy practices.
22. TRANSMISSION TO OTHER COUNTRIES
The subsidiaries, service providers or other third parties listed above to whom Journify may disclose your personal data may be domiciled abroad, and in particular outside the European Union, Switzerland, and the United Kingdom.
In such case, Journify will require them to take, in accordance with applicable legislation, all organizational and technical measures that permit ensuring an adequate level of protection of your personal data
For any questions related to this Privacy Policy, please email us at contact@journify.co.
Journify, Inc. and affiliates and subsidiaries (collectively, “We”, “US”, “Journify”) use cookies and other similar technologies to ensure everyone who uses the website has the best possible experience.
DEFINITION
A cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. You can find out more about each cookie by viewing our current cookie list below. We update this list periodically, so there may be additional cookies not yet listed. Web beacons, tags, and scripts may be used on the website or in emails to help us to deliver cookies, count visits, understand usage and advertising campaign effectiveness, and determine whether an email has been opened and clicked on. We may receive reports based on the use of these technologies by our service/analytics providers on an individual and aggregated basis.
USE OF COOKIES
When you visit our website, we may place a number of cookies in your browser. These are first-party cookies, and they allow us to hold session information as you navigate within the site. For example, we use cookies on our website to understand visitor and user preferences, improve their experience, and track and analyze usage, navigational, and other statistical information. You can control the use of cookies at the individual browser level. If you choose not to activate cookies or to later disable them, you can still visit our website, but your ability to use some features may be limited.
You can generally activate or later deactivate the use of cookies through your web browser. Find your browser below to learn more about how to manage your cookie settings.
Firefox: Click here to learn more about “Private Browsing” and managing cookie settings.
Chrome: Click here to learn more about “Incognito” and managing cookie settings.
Internet Explorer: Click here to learn more about “InPrivate” and managing cookie settings.
Safari: Click here to learn more about “Private Browsing” and managing cookie settings.
If you want to learn more about cookies or how to control, disable, or delete them, please visit http://www.aboutcookies.org for detailed guidance.
In addition, certain third party advertising networks, including Google, allow users to opt out of or customize preferences associated with your internet browsing. To learn more about this feature from Google, click here.
LIST OF COOKIES
We may use any of the following categories of cookies on our website as detailed below. Each cookie falls within one of these four categories:
Essential Cookies: Essential cookies (first-party cookies) are sometimes called “strictly necessary” as without them we cannot provide many services that you need on the website. For example, essential cookies help remember your preferences as you move around the website.
Analytics Cookies: These cookies track information about website visits so we can make improvements and report our performance. For example, we analyze visitor and user behavior to provide more relevant content or suggest certain activities. These cookies collect information about how visitors use the website, which site the user came from, the number of each user’s visits, and how long a user stays on the website. We might also use analytics cookies to test new ads, pages, or features to see how users react to them.
Functionality or Preference Cookies: During your visit to the website, these cookies are used to remember information you have entered or choices you make such as your username, language, or region. They also store your preferences when personalizing the website to optimize your use of Headspace, for example, your preferred language. These preferences are remembered through the use of the persistent cookies, and the next time you visit the website you won’t have to set them again.
Targeting or Advertising Cookies: These third-party cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, enabling advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called behavioral, tracking, or targeted advertising) on the website. They may subsequently use information about your visit to show you ads that you may be interested on our website and other websites. For example, these cookies remember which browsers have visited the website.
For more information about our Cookie Policy, please email us at contact@journify.co.