Terms and Conditions

Self by Design LLC (hereafter, “we”, “us” or “Self by Design”) is the owner of Self by Design mobile applications (currently located at App Store and Google Play Store) and website(s) (currently located at www.selfbydesign.com) (collectively, the "Services"). These Terms of Service ("Terms") govern your access to and use of the Services, and any photos, information, text, or other materials uploaded, downloaded or appearing on the Services (collectively, the "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences of your actions. The Content you submit, post, or display may be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Self by Design and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Self by Design may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally without prior notice. We retain the right to create limits on use of the Services, including storage, at our sole discretion at any time without prior notice.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The type and extent of advertising by Self by Design on the Services are subject to change. In consideration for Self by Design granting you access to and use of the Services, you agree that Self by Design and its third party providers may place such advertising on the Services or otherwise deliver such advertising to you in connection with the Services.

Paid Subscriptions

Additional terms apply to paid subscriptions. Such additional terms are made part of these Terms.  Subscriptions may be managed and cancelled through your iTunes or Google Play account (or other method of payment) at any time. Subscriptions automatically renew monthly or annually unless cancelled at least 24 hours before the end of the current subscription.

Privacy

Any information that you provide to Self by Design is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information outside of your state and/or country of residence, to the United States and/or other countries for storage, processing and use by Self by Design. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Self by Design account, which you may not be able to opt-out of receiving unless you stop using the Services.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Self by Design will not be liable for any loss or damage arising from your failure to implement basic security measures and comply with the above requirements.

Content on the Services

All Content posted to the Services, whether publicly posted or privately transmitted, is the sole responsibility of the person who posted or transmitted such Content. We may not monitor or control the Content posted by any user via the Services and, we are not responsible for such Content. Use of the Services, any Content or other materials posted via the Services or obtained by you through the Services, is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Self by Design be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred by you or others as a result of your use of the Services and any Content available via the Services or elsewhere.

Your Rights; License Grant

You retain your rights to any Content you submit, post or display on or through the Services. However, by submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, paid-up, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, sell, distribute and to make derivative works from such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Self by Design to make such Content available to other companies, organizations or individuals who partner with Self by Design for the syndication, broadcast, distribution or publication of such Content on other media and services in its sole discretion.

Such additional uses by Self by Design, or other companies, organizations or individuals who partner with Self by Design, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt such Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to such Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media, or for any other reason.

Self by Design will not be responsible or liable for use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to provide Content to Self by Design and grant the rights granted to Self by Design herein.

Your License to Use the Services

Self by Design gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services and related software, Content and intellectual property of Self by Design in accordance with these Terms.

Ownership

The Services and related intellectual property are protected by copyright, trademark, and other laws of both the United States and foreign countries. All rights, title, and interest in and to the Services and related intellectual property are the sole property of Self by Design and its licensors and will remain the exclusive property of Self by Design and its licensors. Nothing in these Terms gives you a right to use the Self by Design name or any of the Self by Design software, Content, trademarks, logos, domain names, and other distinctive brand features apart from your use of the Services in accordance with these Terms. Any feedback, comments, or suggestions you may provide regarding Self by Design, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions

We reserve the right to access, read, preserve, and disclose to any party any information we reasonably believe, in our sole discretion, is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, and/or (v) protect the rights, property or safety of Self by Design, its users and the public. Self by Design does not disclose personally identifying information to third parties except in accordance with these Terms, including our Privacy Policy.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Self by Design’s computer systems, or the technical delivery systems of Self by Design’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Self by Design (and only pursuant to these Terms), unless you have been specifically allowed to do so by separate written agreement with Self by Design (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Self by Design is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Services Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, SELF BY DESIGN, ITS, LICENSORS, LICENSEES, THIRD PARTY PROVIDERS, AND PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Self by Design will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Self by Design has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Self by Design or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Self by Design is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Self by Design of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any other websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELF BY DESIGN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OWNERS, LICENSORS AND LICENSEES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SELF BY DESIGN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Waiver and Severability

The failure of Self by Design to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

Entire Agreement

These Terms, our Privacy Policy, all subscription terms presented to you at the time of purchase constitute the entire and exclusive agreement between Self by Design and you regarding the Services, and such agreement supersedes and replaces any prior agreements between Self by Design and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be available within the Self by Design mobile application. If any revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us at hello@selfbydesign.com.

Updated and Effective: April 20, 2020