Terms of Service
The following terms of service ( "Terms" or "Terms of Service") govern the relationship between the User and Madit Story.
The Terms act as an agreement between the parties and relate to the mobile applications licensed to the User and, if applicable, the Madit Story account created. The mobile applications consist of the apps owned by Madit Story at any given time, subject to change through commercial dealing.
The User should read the Terms carefully, they contain important information regarding rights, limitations such as the waiver of withdrawal, disclaimed warranties, liability limitation, termination, term updates, as well as dispute resolution and applicable law. The Terms of Service should be read in conjunction with the Privacy Policy, together they form the contract that exists between the User and Madit story.
Licences and Subscriptions
Madit Story offers Non-subscription and Subscription licences for mobile applications to a prospective licensee ( "Non-subscription app licensee" and "Subscription applicensee", collectively "App licensee" or "User"). We do not sell the Apps and ownership is retained by Madit Story at all times.
Upon downloading one of the Apps, the User by default becomes a Non-subscription app licensee. They remain so unless and until the:
Licence is terminated; or the Licence is upgraded by a subscription or one-time purchase for an:-
App; or App Bundle.
Subscription app licensees, depending on the app and the choice of payment plans, may pay through subscriptions, including but not limited to monthly and annual terms; and through making one-time purchases.
Subscriptions for the Madit Story may be made directly through the Madit Story website or in-app, subject to change. Up-to-date information on prices and promotional offers will be provided prior to purchase.
Subscriptions will automatically renew at the end of the term and can be managed through the:
Account section of the Madit Story Website, or similar website controlled by Madit Story (if purchased through such a website); or
Subscription management settings on their mobile phone, subject to the Apple App Store or Google Play's terms (if purchased in-app).
Subscriptions for the Apps may include increased functionality and additional features, including but not limited to, the ability to back up, synchronize or export data, unlimited entries or trackers, authentication and widgets. Exclusive content may also be provided, which may include reflections, quotes, questions, audio, video, cognitive games, sleep aids and meditative content, but is not limited to such.
Information about content, features or services may be included in the description on the Apple or Google Play Store, in-app prior to a purchase and on the Madit Story website or other websites controlled by Madit Story.
Purchases are final, Madit Story will not provide refunds. By proceeding with the purchase and agreeing to the Terms, the App licensee consents to immediate performance of the contract and waives their right to withdrawal.
Purchases made through the Apple or Google Play Store are subject to the Apple:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
or Google Play payment policy:
https://pay.google.com/about/policy/
The applicable policy should be considered prior to purchase.
App Updates
Madit Story has sole discretion to change, add, modify or remove any content, features or services ( "App Updates"). Reasons for doing so may include:-
Minor technical adjustments;
Legal Compliance; or Enhancing Experience, by:
Adding material;
Removing unpopular material;
Improving design; or
Adapting to User behavior.
Upon installing an app, the User becomes a licensee of the most recent version "as available" at this time and all content, features or services shall be provided "as available".
App Updates can be installed manually or by pre-selecting automatic updates.
The decision to install App Updates is at the User's discretion but it's could be required in some apps. Madit Story endeavors to continue support for older versions provided it is deemed necessary and reasonable.
In the event the User does not wish to install App Updates or retain an older version, they may terminate their licence and remove the app.
3. Intellectual Property
The App licensee agrees and acknowledges that the information, content, quotes, daily questions, logos, trademarks, graphics, animations, games, icons, text, fonts, sounds, audio, images, video, source code and the so called "look and feel" of the Apps ( "the Materials") belong to Madit Story and its third party licensors.
Notwithstanding, the limited licence granted hereafter, Madit Story and its third party licensors retain sole ownership rights, title, interest and intellectual property of the Materials. The Materials may be protected by copyright, as well as trademark, database and other intellectual property rights.
In the event of infringement, Madit Storie's third party licensors have the right to directly enforce their rights against the User.
Subject to the features of an app, along with Madit story discretion to change the features, we hereby grant a limited, non-exclusive, revocable licence to the:
Non-subscription app licensee to:-
Download and use free features;
Copy to terminal device for sole use;
Copy to devices with the same Apple ID / Google Account;
Back up, synchronise and export data (if provided); and
Share data with Apple Health.
Subscription app licensee to:-
Download and use free features;
Use subscription features;
Copy to terminal device for sole use;
Copy to devices with the same Apple ID / Google Account;
Back up, synchronise and export data; and
Share data with Apple Health.
4. Restrictions of Use
In the absence of a licence obtained from Madit Story explicitly stating otherwise, the App licensee shall not:
Sub-license, assign or transfer any right granted under the licence;
Modify or create any derivative works;
Distribute the apps or any modification or derivative work;
Publicly perform or publicly display any content or material; or
Sell, commercially use or otherwise exploit the code, content, data or material.
The App licensee shall not reverse engineer, decompile or disassemble the Apps and the software contained therein.
In the event passwords or login credentials are required, the App licensee shall not share them with third parties or otherwise provide access. They are responsible for ensuring confidentiality and should contact Madit story if compromised.
Madit story has sole discretion to terminate or suspend the licence if the above restrictions are carried out.
We may be entitled to redress,, and along with third party licensors can enforce intellectual property rights in the event of infringement.
5. User-Generated Content
Whilst using the Apps, we require the App licensee to upload certain content. Such content, among other things, may include text, photos, responses to daily reflections, challenges, as well as custom trackers, activities, feelings, spending categories and the combination of such with icons provided the originality threshold is met ( "User-Generated Content").
By doing so, and without prejudice to the Privacy Policy, the User grants Madit Story a perpetual, worldwide, transferable, sub-licensable, royalty-free licence to use, store, display, copy, edit, adapt, reproduce, modify, publish and distribute the content.
User-generated content may be used by Madit Story in developing new material. The User hereby acknowledges that this may result in a commercial benefit for Madit Story and that as a User they have no right to an income, shared benefit or any other consideration.
Upon submitting content, the User represents and warrants the absence of:
Third-party intellectual property infringement;
Third-party data protection or privacy infringement;
Viruses or other harmful data;
Material that is offensive, hateful or otherwise reprehensible, invasive of privacy, abusive, threatening, harassing, provocative, pornographic, indecent, unlawful, libellous, defamatory, fraudulent or otherwise objectionable.
Madit story retains the right to remove any content that does not comply and is entitled to terminate or suspend the licence.
If a user does not comply with all rules we may be entitled to redress.
The User acknowledges and accepts that they will indemnify Madit Story for loss or damage suffered if such non-compliance results in third party action against Madit Story.
6.Warranties
The User represents and warrants compliance in relation to User-Generated Content.
7. Disclaimers
Madit Story makes no representation or warranty, express or implied, regarding fitness for a particular purpose or merchantability.
Except for complying with the objective conformity requirement for continuity, Madit Story makes no further representations or warranties, express or implied, that errors, interruptions, failures or delays will not occur during use.
We make no representation or warranty, express or implied, that the Apps are free of malware, viruses or other harmful components. Moreover, no implied warranties arise from course of dealing, course of performance or usage of trade.
No representation or warranty is made regarding non-infringement of intellectual property and Madit Story has no obligation to defend or indemnify the User against claims regarding the same.
No warranties exist for modifications, derivative works or other unauthorised usage.
Madit Story provides no warranties, express or implied, regarding any third party platform we use or the User's mobile device and operating system. We will not be liable for failure of these platforms, devices or operating systems to function as expected or intended.
We strive to help the User improve their health, productivity and the management of time and habits. However, Madit Story makes no representation or warranty, express or implied, that such improvements will occur. Results vary per person and per usage, reliance is at the User's own risk.
Madit Story retains the sole discretion to carry out App Updates. No representation or warranty is made, express or implied, regarding continued existence of content, features or services. The User acknowledges and accepts those specifically mentioned in 1.6, along with categories of such, are subject to the aforementioned discretion. Some categories mentioned may no longer be provided or may be provided in the future. Reliance should not be placed on 1.6 to predict future content, features or services and Madit Story makes no such warranty. Despite endeavours to continue support for older versions, as mentioned above, this is expressly qualified by what is deemed necessary and reasonable, no warranty exists that support will continue indefinitely or at all. Madit Story does not represent or warrant all the Apps will be available for both Android and iOS operating systems.
No representation or warranty is made, express or implied, that hyperlinked information referenced in the Terms of Service or Privacy Policy, provided by third party sources, is accurate or correct. Reliance is at the risk of the User and Madit Story will not be responsible or liable for any loss or damage suffered pursuant to such reliance. We advise Users to be cautious when consulting non-official sources.
8. Health Disclaimer
The Apps should not be viewed as a substitute for therapy or other psychological or psychiatric treatment, nor should they be considered a substitute for a diagnosis or medical advice. No such representation or warranty is made and the App licensee should not delay in obtaining such intervention as a result of usage.
Notwithstanding the scientific research on journaling, Madit Story makes no representation or warranty that the User's mental health will improve. Reliance on the Apps and the information they contain is strictly at the User's risk. If the App licensee has been diagnosed with a psychiatric condition they may wish to speak to their medical practitioner before use.
Madit Story makes no representation or warranty that the Apps will prevent, cure or treat diseases, disorders or conditions, including those related to cognition and the brain, but not limited to such.
We do not claim that any of the Apps constitute a Medical Device, as per the European Medicines Agency (EMA), nor should the User regard them as such.
Madit Story has designed the Apps for general information purposes only. We make no representation or warranty regarding accuracy, completeness, suitability and safety. The User assumes full responsibility and Madit Story is not liable for any consequences resulting from reliance.
The Apps should not be viewed as a substitute for addiction or rehabilitation programmes. Some of the Apps are designed to increase productivity and help manage habits. Although the User may find them helpful in overcoming addictions, Madit Story makes no representation or warranty that they are fit for this purpose. The App licensee should not delay in obtaining
9. Payment
In the event of payment default, a Subscription app licensee may have their licence suspended or terminated.
Upon cancelling a subscription, the Subscription app licensee will revert to Non-subscriber status on the date the cancelled subscription was due to renew. For all intents and purposes, they are a Non-subscription app licensee thereafter.
13. Termination and Survival
To terminate a Non-subscription licence, the Non-subscription app licensee should stop using the app(s), delete it from their device and, if applicable, delete the associated user account.
Madit Story reserves the right to terminate licences if a decision is made to discontinue an app, provided reasonable notice is provided.
Notwithstanding termination and irrespective of the reason or party responsible, the relevant clauses will survive termination and remain applicable.
14. Updating Terms
Madit Story reserves the right to change and update the Terms at any time. Reasons for such updates may include:
Compliance with law;
Compliance with industry best practice;
Strengthening Consumer Protection;
Changes to content, features or services;
Changes to service delivery;
Changes to subscription, payment or licensing;
Changes to commercial practice.
the App licensee has ultimate responsibility for ensuring they are aware of any changes to the Terms. It is recommended they habitually check the Terms for updates. Changes take effect immediately after updates.
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