Terms of Use

Version 1.1 posted and effective as of 6 August 2018

Welcome to TRU LUV’s terms of use. These “terms” are a legal document that sets out your rights and obligations, as well as our rights and obligations. When these terms refer to “you” or “your”, they mean you, the physical person reading them right now. When these terms refer to “us” or “we” or “our”, they refer to Tru Luv Media Inc.

Please read these terms carefully, since they include clauses which can affect your legal rights. Agreeing to these terms is a pre-condition to downloading and using our companions (BreatheLUV or #SelfCare) or accessing our website (http://truluv.ai). We’ll refer to our website and companions together as the “services”. So if you do not agree with these terms, you may not access the services. Additionally, our services are not intended for children under the age of 16, so you must be at least 16 years old to access the services.

These terms are complemented by our privacy policy, which can be found at http://truluv.ai/privacy-policy.

 

1. Changes to these terms

We may change these terms from time to time, and these changes could involve either additions or deletions or both, and could affect any part of the terms.

We will provide you with notice of our proposed changes by posting an amended version of these terms with a new version number. We will include a link to the previous version of the terms near the new version number. The changes will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the terms will continue to apply.

If you disagree with our changes, you may cancel these terms by uninstalling any companions and ceasing to use the services at any time within the 30-day notice period. If the changes increase your obligations under these Terms, or decrease our obligations under these Terms, then you can cancel the terms both during the 30-day notice period and also in the 30 days after the changes take effect. There is no cost or penalty if you cancel these terms due to our changes. If you do not uninstall any companions and cease using the services during the applicable cancellation period, then by your continued use, you are considered to have accepted the proposed changes.

 

2. Access to the services

a) Your right to access the services

We do not sell our companions or the website. Instead, when you agree to these terms, we provide you with a licence to download a copy of our companion(s) and to access our website. Subject to your compliance with these terms, and for as long as we make the services available, you will have a limited, revocable, non-exclusive, non-transferrable right to use the services. For greater certainty, this does not include any right to directly access the software, databases, algorithms, or data which powers the Services and App, nor any right to obtain a copy of the source code or architecture of our companions or website. Your use right under these Terms is a personal right, and does not extend to third parties.

b) Availability of the services

Our role is to use reasonable efforts to make the services reasonably available. We cannot control – nor can we accept any responsibility for – any other issues.

In all cases, our ability to deliver the services requires a stable connection. If you device’s ability to access data via wireless networks or the Internet is compromised, the services may be delivered slowly, inaccurately, or not at all. These connectivity problems can arise from many sources, ranging from physical interference to power outages to errors by telecommunication providers. In such circumstances, your ability to effectively use the services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.

The services also depend on your device. If your device is damaged, not compatible with the services (including updates to the services), or if you have turned off settings on which our companions rely to deliver the services, then your ability to effectively use the services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.

Finally, our ability to effectively deliver the services via companions may depend on your having installed the latest version of that companion. If you delay or refuse updates to the App, this may compromise or completely prevent us from delivering the services. We cannot accept any responsibility for any problems or damages which might occur as a result.

 

3. Nature and purpose of the services

We work together with artists and neuropsychologists to create heartening, soulful companions who can help you achieve your goals. In our framework, you don’t tell your phone what you need, and your phone doesn’t tell you what you need. Instead, you work together. You help each other.

In other words, our services are intended to promote mindfulness and wellfulness. They are not intended to substitute for professional medical care. If you experience acute or chronic mental or physical wellbeing challenges, you should consult a qualified medical professional.

 

4. Updates to services

We may update the services from time to time in order to improve them. Your ability to continue using the services may depend on your installing these updates, particularly for companions. If you have turned on auto-updates on your device, this will cause updates to the companions to install automatically. By turning on auto-update settings, you expressly consent to the installation of updates to companions.

 

5. User accounts

When accessing the services, you may be able to choose, or in some cases you may be required, to create an account with us. Your account is intended for your use only, and you should not share your log-in credentials with others, nor allow others to access your account. We are entitled to rely on your compliance with this rule, and treat all actions taken through your account as being your actions. You accept full responsibility for all consequences (including unauthorized purchases) of allowing third parties access to your account or credentials.

You must use only your own accurate and current information to create an account with us. Only account is allowed per user. If we have deleted or suspended your account, or terminated these terms with you, you may not create new accounts. Any attempt to circumvent this rule will result in the immediate termination of your new account upon discovery.

You agree that if your account is inactive for 180 days, we may delete your account. For the purpose of these terms, an account is inactive if you have not interacted with any of the companions associated with that account for 180 days. Merely opening a companion, or merely visiting our website, will not prevent an account for becoming inactive.

You agree that your account exists to facilitate delivery of the services, and that you do not own your account. We can delete, suspend, or modify your account at any time and for any reason, including breach of these terms.

You understand that if you delete your account, or if we delete your account in accordance with these terms, you will lose access to any data previously associated with your account (including settings, progress, and any virtual items associated with your account).

 

6. In-app purchases

While using the services, you may be able to make in-app purchases of “virtual items”. Any such purchases will be subject to separate agreements between you and us. These purchases may also be subject to the terms and conditions of the platform through which they are purchased (e.g. iOS store, etc).

We set the price of virtual items, and may change that price from time to time. Additional charges may be applied to your purchase of Virtual Items by various intermediaries, including platform (app store) fees, payment processing fees, taxes, data charges, etc. We have no control over any such additional fees. If you are not sure whether additional fees may apply, you should consult the appropriate intermediaries.

As with the services, we do not sell you virtual items. Instead, we provide access to virtual items as part of an entertainment and selfcare service. Accordingly, you agree that virtual items are specific to your account, and cannot be transferred to anyone else. Your acquisition of virtual items is final and cannot be refunded once a virtual items has been applied to your account. If we terminate the services, this may result in loss of access to some or all of your virtual items. You accept this risk, and agree that no refund or compensation is due in such a scenario. Similarly, if we terminate your account, this will result in the loss of access to your virtual items, and no refund or compensation is due.

 

7. Disclaimer of warranties

Not Applicable to Quebec Consumers

The services are provided on an as-is, where-is, when-is basis. We excludes all conditions and warranties regarding the services, whether express, implied, or statutory, including any condition or warranty of merchantability, non-infringement, fitness for a particular purpose.

Notably, and without limiting the generality of the preceding paragraph, we do not guarantee any particular level of up-time or availability of the services. The services may become unavailable for many reasons, including scheduled and unscheduled maintenance by us.

 


8. Limitation of liability

Not Applicable to Quebec Consumers

With the exception of intentional wrongdoing or gross negligence, we shall not be liable for any damages caused by or related to the the services, our actions or inactions, or these terms (including the breach of these terms). This limitation of liability shall apply to all damages however caused, whether in contract, tort (including negligence), property, privacy, statute, or otherwise.

Notably, and without limiting the generality of the preceding paragraph, we shall not be liable for any loss of data, loss of revenue, loss of profits, loss of business opportunities, lost time, or legal fees and litigation expenses.

 

9. Duration and cancellation of these terms

a) Duration

These terms last until cancelled by either you or us.

b) Cancellation

We may cancel (i.e. terminate) these terms without cause and without prior notice if we choose to discontinue some or all of the services.

You may cancel (i.e. terminate) these terms without cause at any time by uninstalling any companions that you have downloaded and by ceasing to use the services. If you re-install any companions or start using the services again, these terms will come back into force.

c) Effects of termination

Clauses 1, 2(b), 5, 6, 7, 8, and 10 shall survive the breach or cancellation of these terms regardless of the reason, and shall continue to bind both you and us.

 

10. General

a) Governing law and jurisdiction

Not Applicable to Quebec Consumers

These Terms are governed exclusively by the domestic laws of Ontario and the federal laws of Canada applicable therein. The International Sale of Goods Act, RSO 1990, c I.10, does not apply to these Terms.

Not Applicable to Quebec Consumers

Any litigation arising from or related to these Terms or the App or the Services shall be submitted to the exclusive jurisdiction of the courts of Ontario sitting in Ottawa.

b) Jury Trial Waiver

All disputes arising from or relating to these terms or the services shall be determined by a judge-alone trial. You and us irrevocably waive any right to a trial by jury.

c) Assignment

Your rights under these terms are personal to you, and cannot be assigned to anyone else.

d) Status

For clarity, these terms are not intended to create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor are they intended to create any fiduciary duties.

e) Entire Agreement

Not Applicable to Quebec Consumers

These terms (as amended from time to time) constitute the sole and entire legal agreement between you and us regarding the services. They replace and supersede any previous agreement or understanding between you and us regarding the services.

f) Language

You and us have agreed that these terms and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue Anglais.

g) Contact Information

General inquiries may be sent to the following coordinates:

186-720 King Street West
Toronto, Ontario, Canada
M5V 3S5

truluv@truluv.ai

 

Last Update: 6 August 2018