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Terms of Service
Last update: 15 July 2021
For the purposes of these terms, “AscendPsychology”, “we,” “our,” “us,” “inPsyt”, and “APCPT” refer to AscendPsychology CogniPsyTech Pvt. Ltd., the owners, providers and operators of the services of the inPsyt app.
For the purposes of these terms, “you”, “user,” “subscriber,” “your,” and “member”, refers to the service takers of the inPsyt services.
For the purposes of these terms an “activity” within the App is defined as any interaction with the following features of the App and an action as defined here, i.e., completing Conversations, setting or completing Goals, responding to and submitting Indices, accepting and completing Challenges, interacting on the Forum, completing Aid recovery plan, and creating Diaries. “Inactivity” is defined as no activity on these mentioned features when in a non-subscribed state.
1.1 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 AscendPsychology CogniPsyTech Pvt. Ltd. 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.
1.2 Basis of Product Use
In order to use the services, you must first agree to these terms. You must be over 16 years of age (or the legal age in your country to form a contract if it is greater than 16) to use the services, and children under the age of 16 cannot use or register for the services.
You agree that your purchases and/or use of the services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by inPsyt or any of its affiliates regarding future functionality or features.
By using, downloading, installing, or otherwise accessing the services or any materials included in or with the services, you hereby agree to be bound by these terms. If you do not accept these terms, then you may not use, download, install, or otherwise access the services.
1.3 Changes to terms
AscendPsychology CogniPsyTech Pvt. Ltd. reserves the right to change or update these terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated terms on this page. Any changes or updates will be effective immediately upon posting to www.inpsyt.app. Your continued use of the products / services constitutes your agreement to abide by the terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our terms by additional means, such as pop-up or push notifications within the products or email.
2. Product disclaimer
2.1 General information
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 in the products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
2.2 Not medical or mental health advice
You acknowledge and agree that the services constitute, primarily, a personalized self-help system designed to help you improve the quality of your life, and that if you choose to utilize the services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques.
As such, you acknowledge that inPsyt is not a mental health care, health care or medical device provider, and does not provide you with any medical advice.
Although inPsyt is based on well researched theories, inPsyt makes no claims, representations or guarantees that the products provide a physical, mental or therapeutic benefit.
Any advice or other materials provided through the services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional mental health or medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the services.
If you receive advice from a doctor, qualified mental health or medical professional which conflicts with anything contained in the services then the former should take precedence. Never disregard professional mental health or medical advice or delay in seeking it because of something you have read through these services. If you think you may have a mental health or medical emergency, call your doctor, your local medical or mental health helpline immediately.
2.3 Not a diagnosis
inPsyt is not a diagnostic tool and makes no claims of providing any mental health or medical diagnosis.
Reports for indices and interpretations are meant to help you review your self-reported experiences and outlook to life and are used only to suggest ways to supplement healthy life habits. They should not be misinterpreted as diagnoses, personality profiling, or psychometric assessments.
Screening assessments are provided only to help you view your moods and psychological states. If you indicate any mood dip, then you are immediately advised to seek professional help.
3. Your Account
3.1 Creating your account
In the course of registering for or using the services, you may be required to sign up as a registered user of the service. For the same you need to provide inPsyt with certain information, including a nickname, an email address, a username and a password (“credentials”). If your contact information, or other information relating to your username or password changes, you must notify inPsyt promptly and keep such information current.
You may not register for more than one-member per account.
3.2 Use of your account
You are responsible for maintaining and protecting your credentials in connection with the services. You are also responsible for restricting access to your device.
Few features of the app like factor calculation, function on the basis of gender and age. You are responsible for providing authentic data, in order to receive accurate suggestions.
You are solely responsible for any activity using your credentials, whether or not you authorized that activity. You should immediately notify inPsyt of any unauthorized use of your credentials or if your email or password has been hacked or stolen at email@example.com . If you discover that someone is using your credentials without your consent, or you discover any other breach of security, you agree to notify inPsyt immediately.
By using inPsyt services you warrant that:
· You are legally capable of entering into binding contracts;
· All registration information you submit is truthful and accurate;
· You will maintain the accuracy of such information; and
· Your use of the products does not violate any applicable law or regulation.
· These accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
· By creating an account on inPsyt you may receive occasional special offer, marketing, and survey communication emails with respect to the services by the company. You can easily unsubscribe from these email updates by following the opt out instruction given in the emails.
3.3 Age restriction for the use of inPsyt
You must be 16 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 16, 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.
3.4 Termination of your account
You can terminate and delete your account by emailing at firstname.lastname@example.org from your registered email ID only. You may be asked to verify your identity if required. If you ask us to delete your account, we will respect your request and delete your account along with the personal information you shared with us, subject to certain exceptions provided by law, such as (but not limited to) your content on blogs, forums, comments, post or other data that is available in the public sections of the app. Your data will continue to be seen in the anonymous form. Some of your data will be retained for analysis purposes in an anonymous form.
You may be asked to verify your identity and authenticate your request through methods such as filling a form that ensures that we are deleting the right account.
4. Subscription Plans
When you create an account with the inPsyt app, you are subscribed to the Basic plan of the app. Subject to the terms, the services are provided to you without charge for a few resources and up to certain usage limits. Usage over these limits may require you to subscribe to the Pro plan of the app. Please see inPsyt’s plans and pricing terms in the following section: pricing terms and conditions for details regarding pricing for the services.The Pro plan is a paid subscription. You can access the Pro features of the app while your subscription is active and subsisting.The terms and conditions relating to pricing payment can be accessed in the pricing section. Certain features of the app can be bought with additional credits beyond what is provided when you buy the Pro plan, through additional in-app purchases and can be used along with the Pro plan only, and is available through the Pro use.
4.1 Pricing terms and conditions
You may upgrade to a Pro plan by purchasing a subscription to the products within the app, where allowed by the app marketplace partners.A yearly subscription constitutes 365 calendar days.The “yearly” subscription is paid for by an upfront payment for the year with automatic annual renewals.
4.2 Refund policy
If you purchase a subscription through the Apple iTunes store 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 Google Play, 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 subscriptions 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.
4.3 App Crash and Break in services
In case the service is not available for a technical fault established at our end and verified by our engineers (because of database crash or app crash) for more than 2 consecutive days during your paid subscription term, then we shall add those number of days to your account to compensate for the lost days automatically. If you think that the days have not been added automatically, then please write to us at email@example.com and we shall be happy to provide you with this extension. Your extension will be added at the end of your term.
4.4 Payments and renewals
For any subscription that is active, you acknowledge and agree that inPsyt is authorized to charge the same credit card as was used for the initial subscription fee or other payment method. The 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 getting billed for the next subscription fee (as the case may be) to the payment method you provided. You agree to promptly notify inPsyt 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.
4.5 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.
4.6 Payment information
Our obligation to provide the subscription only comes into being when we take receipt of your order, and we confirm your purchase to you via an in-app method or a notification. Your subscription status will be seen as Pro, with your subscription details in the profile section of the app. The charges include the local taxes as applicable. If you have any questions or need to resolve any concern related to your billing, please mail us at firstname.lastname@example.org through your registered email ID. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any products purchased through inPsyt for commercial purposes.
4.7 Cancellation by you
You may cancel a subscription at any time. Cancellation is effective at the end of the applicable period.
If you purchase a subscription through the Apple App Store 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 Google Play you may cancel automatic renewals in account settings under subscriptions in Google Play, or according to the current process outlined by Google Play.
4.8 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 text, audio or video content from the products. No refund will be issued if your subscription is cancelled due to these mentioned breaches
4.9 Subscription plans - Comprehensive features
Basic plan – Basic is your free plan. You will receive the following services free of cost. We will retain your data for as long as you continue to use the app. If the app registers inactivity for 90 days, then the app will trigger automatic data deletion. Visit www.inpsyt.app for a detailed view on the different features of the free (Basic) plan.
Pro plan – You receive regular suggestions and credits to formulate a life of excellence. Regular Conversations, Reads, Challenges and access to Forum are a part of the Pro plan, visit www.inpsyt.app for a detailed view on the different features in the Pro plan.
5. In-app purchases related terms
5.1 Aid Credits
1.One Aid credit enables you to formulate one guided plan through a guided journaling method and the complete plan summary will be available to you as long as you are active on the app. If you are inactive for 180 days at a stretch then a deletion could be triggered and you could lose all your data that you created in the Aid plan.
2.Users with the Basic plan can purchase Aid credits without subscribing to the Pro plan.
3.Aid Credits once bought through in-app purchases cannot be returned, transferred or refunded.
4.You can use any Aid credit purchased through in-app any time and they never lapse. If you fail to interact (considered inactivity as defined in these terms) with the app for 180 days at a stretch, you are considered an inactive user, and your past data can be triggered for deletion, however you can use your credits to create new plans.
5.2 Urgent and Expert Credits
1.One Urgent credit enables 1 of your posts to be moderated within 12 hours instead of the standard 48 hours moderation time, so that responders can quickly help you with suggestions.
2.One Ask Expert credit enables you to direct one query (one post) to one expert during the period of your subscription. This post will then be attended by the Expert and they will respond to your Forum post with a maximum of 5 responses within that post. If time permits, they could continue the discussion beyond the obligatory 5 responses.
3.Only Pro users can buy credits related to the Forum.
4.You can use the credits only as long as you are subscribed to the Forum (i.e., are a Pro user of the App).
Credits once bought through in-app purchases cannot be returned, transferred or refunded and unused Forum related credits (Urgent Credits and Ask Expert Credits) bought from in-app will carry forward to your next subscription.
5.2 Urgent and Expert Credits
1.One Urgent credit enables 1 of your posts to be moderated within 12 hours instead of the standard 48 hours moderation time, so that responders can quickly help you with suggestions.
6. Promotions and discounts
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.
Special promo codes for discount pricing options shall only be available to qualified users (the “qualified users''). To be considered a qualified user, your information will be provided directly to inPsyt’s third-party verification system. inPsyt reserves the right to determine if you are a qualified user in our sole discretion.
Any promotion code or offer (including any special discount pricing options) provided by us may not be used in conjunction with any other promotion code or offer.
7. Availability of products
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 email@example.com and we will review your complaint and correct the fault should we deem it appropriate to do so. 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.
Your access to the products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or updates. We will restore the app services as soon as we reasonably can.
7.1 Down-time for maintenance
The app might be unavailable for maintenance at times and you may experience a down-time for a while. You will be notified 24 hours in advance through the notification system.
8. Duration of retention of your data
You will have access to your entered data as long as your subscription lasts. This data will be retained with us at our discretion if you do not further subscribe. After your subscription ends, a trigger for deletion of pro content could be initiated and not before 180 days from your last date of subscription and in absence of any activity as defined in these terms. This data can be retained for research purposes and cannot be retrieved for continuing your subscription if you fail to renew your subscription during the grace period.
9. Device requirements
The inPsyt app is available for iOS 13 and above
To enjoy inPsyt via your smartphone or other device, your device must satisfy certain system requirements. These requirements can be found on the Google and Apple app marketplaces.
inPsyt is an online program and all its features are available when you are online. You require an Internet connection to avail of the services and content in the app.
10. Content generated by the App
A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“content”) may be made available through the services by inPsyt or its suppliers (“inPsyt-supplied content”). While inPsyt strives to keep the content that it provides through the services accurate, complete, and up-to-date, inPsyt cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any inPsyt-supplied content.
11. User-generated content and license from you
You acknowledge that you may also be able to create, transmit, or display information through use of the services. All such information is referred to below as “user content.”
Your data is used to generate Insights and HeadsUp and other suggestions for your benefit
inPsyt, in our sole discretion, may refuse to post, store, provide, or otherwise maintain user content for any or no reason. inPsyt may remove user content from the services at any time if you violate these terms or if the services are canceled or suspended, and we may do this without giving you any prior notice. If user content is stored using the services with an expiration date, inPsyt may also delete the user content as of that date. User content that is deleted may be irretrievable. You agree that inPsyt has no responsibility or liability for the deletion or failure to store any user content or other communications maintained or transmitted through use of the services.
You agree that you are solely responsible for (and that inPsyt has no responsibility to you or to any third party for) any user content, and for the consequences of your actions (including any loss or damage which inPsyt may suffer) in connection with such user content. If you are registering for these services on behalf of an organization, you agree that you are also responsible for the actions of associated users and for any user content that such associated users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the services.
inPsyt reserves the right 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 our Forum Guidelines available here, and we may do this with or without giving you any prior notice.
inPsyt reserves the right (but shall have no obligation) to remove user content from the services, in its discretion.
We do not systematically review user material submitted by you or other users beyond the moderated Forum capacity & the moderation is made for checking spam as far as is humanly possible. 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.
We may link user material or parts of user material to other material, including material submitted by other users or created by inPsyt 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 inPsyt. You acknowledge that we may indirectly commercially benefit from use of your user material.
Each time you submit user material to us, you represent and warrant to us as follows:
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 trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
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.
Your user material does not advertise any product or service or solicit any business.
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 written 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.
You will not collect any personal information and contact details of users such as name, email addresses of users for any purpose whatsoever.
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.
You will not engage in any automated use of the system, such as using scripts to alter our content.
You will not, without authorization, access, tamper with, or use non-public areas of the products, inPsyt’s computer systems, or the technical delivery systems of inPsyt’s providers.
Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the products or any other inPsyt system or network or breach any security or authentication measures.
By submitting, posting or otherwise uploading user content on or through the services you give inPsyt a worldwide, royalty-free, non-exclusive, fully sub-licensable, and perpetual license as set below:
1.With respect to user content that you submit, post or otherwise make publicly or generally available through the services (such as postings made on the services’ forums), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such user content (in whole or part) worldwide via the services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose 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, and
2.With respect to user content that you submit, post or otherwise make available privately via the services (such as communications made to a specific user or user content which you upload for your own personal use), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such user content for the sole purpose of enabling inPsyt to provide you with the services.
Be aware that inPsyt has no control over user material once it leaves the product, and it is possible that others may duplicate material found on the product, 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 may choose to or we may invite you to submit comments, inquiries, feedback, suggestions, ideas, or other information about the services, including without limitation about how to improve the services or our products. 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 product, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place inPsyt under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone. In other words, by submitting your submission you grant, and you represent and warrant that you have the right to grant, to inPsyt 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 inPsyt 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 inPsyt 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.
You agree to indemnify inPsyt 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.
12. End user license and restrictions on use
Subject to the terms of this license agreement (“license agreement”), and your payment of applicable subscription fees, inPsyt grants you a limited, non-exclusive, revocable license to stream, download (wherever the provision is granted) and make personal non-commercial use of the service.
inPsyt gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and inPsyt-supplied content provided to you as part of the services on a device that you personally own or control for your own personal non-commercial use. This license is for the sole purpose of allowing you to utilize the services as a personalized self-help system to help you improve your quality of life.
The products contain or embody copyrighted material, proprietary material or other intellectual property of AscendPsychology CogniPsyTech Pvt. Ltd., the parent company that owns inPsyt. All rights, titles and ownership in the products remain with AscendPsychology or its licensors, as applicable. The rights to download (wherever the provision is granted) and use the products are licensed to you and are not being sold to you, and you have no rights to them other than to use them in accordance with this license agreement and our other terms.
You may not (and you may not assist or permit anyone else to):
Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by inPsyt, in writing (e.g., through an open source software license);
Attempt to disable or circumvent any security mechanisms used by the services or any applications running on the services;
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;
Rent, lease, loan, make available to the public, sell or distribute the products in whole or in part;
Tamper with the products or circumvent any technology used by inPsyt or its licensors to protect any content accessible through the products;
Circumvent any territorial restrictions applied to the products; or
Use the products in a way that violates this license agreement or the other terms.
You may not make the products available to the public. The products made available (in whole or in part) are owned by inPsyt or its licensors and your use of them must be in accordance with these terms.
You may not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).
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.
You agree not to impersonate any other person while using the product, conduct yourself in an offensive manner while using the product, or use the product for any illegal, immoral or harmful purpose.
You may not access the services in a manner intended to avoid incurring fees.
You may not access the services for the purpose of bringing an intellectual property infringement claim against inPsyt or for the purpose of creating a product or service competitive with the services.
You agree that you will not upload, record, publish, post, link to, transmit or distribute user content, or otherwise utilize the services in a manner that:
Advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities;
Infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or inPsyt, or any rights of publicity or privacy of any party;
Attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate;
Promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity;
Is harmful to minors;
Utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or
Violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
You may not use the services if you are a person barred from receiving the services under the laws of any country, including the country in which you are resident or from which you use the services.
You affirm that you are over the age of 16, as the services are not intended for individuals under 16.
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 inPsyt. 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 firstname.lastname@example.org
By breaching the provisions of this section, 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.
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 inPsyt.
You expressly understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses that arise from the use of the app and the forum
Use of the application requires third party services and equipment such as a compatible mobile device, Internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the application is your responsibility. inPsyt is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third party services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the application. You will not disclose or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the application. You agree not to use the application to communicate in an offensive or obscene manner, or to spam, threaten, defame or harass other users. inPsyt is not in any way responsible for any such use by you or by any person using your password, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the application. inPsyt reserves the right, but does not assume the obligation, to remove any objectionable activity or language used in the application at any time. inPsyt reserves the right, but does not assume the obligation, to not publish or to terminate any communication, or posting it determines objectionable in its sole discretion. Use of the application is void where prohibited. You shall not use the application to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, the U.S. Regulations pertaining to the export of software from the U.S. to embargoed countries. You will ensure that the information you provide to us through the application is accurate and complete. We reserve the right to immediately terminate your use of the application should you fail to comply with any of the foregoing.
13. Links to websites and third-party content
The services may include hyperlinks to other web sites, as well as content or resources or email content provided by companies or persons other than inPsyt (“third party content”). inPsyt has no control over such third-party content.
You acknowledge that any access is at your sole discretion and for your information only.
You acknowledge and agree that inPsyt is not responsible for the availability of any third-party content, and does not review or endorse any advertising, products or other materials on or made available through such third-party content.
You acknowledge and agree that inPsyt is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon third party content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such third party content.
The app does use third party services that declare their own terms and conditions. Some of the link to terms and conditions of third-party service providers used by the app
1.Google Play Services
2.Google Analytics for Firebase
14. Materials offered through the products
14.1 Proprietary rights
You acknowledge and agree that AscendPsychology CogniPsyTech Pvt Ltd (or inPsyt licensors) own all legal right, title and interest in and to the services and that the services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
All materials (including software and content whether downloaded or not) contained in the products are owned by AscendPsychology (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.
Text, images, audio or video content from inPsyt not explicitly indicated as downloadable may not be downloaded or copied from the products or any device.
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.
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 inPsyt through the products that are specifically identified as available for distribution by you (“distribution content”) as part of your blog or other online commentary, analysis or review (“user commentary”), inPsyt 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.
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 therein, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. inPsyt will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
inPsyt acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you create, submit, post, transmit, share or display on, or through, the services, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with inPsyt, you agree that you are responsible for protecting and enforcing those rights and that inPsyt has no obligation to do so on your behalf.
inPsyt®, the inPsyt logo, all the images, illustrations, all the icons, and all other inPsyt product or service marks are trademarks of AscendPsychology CogniPsyTech Pvt. Ltd. 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, remove or copy such material. Misuse of the trademarks displayed on the products is strictly prohibited. inPsyt will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
15. Digital millennium copyright act (“DMCA”) notice
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.
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.
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:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed; if multiple copyrighted works are covered by this notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
A description of where the material that you claim is infringing is located on the products; identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the url of the link or the exact location where such material may be found.
Your address, telephone number, and email address;
A statement by you that you hold good faith that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
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.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By e-mail: email@example.com subject line: DMCA
16. Privacy policies
17. Modification and termination of services
You agree that inPsyt, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the services may be without prior notice, and you agree that inPsyt will not be liable to you or any third party for such termination.
Upon any termination of the services or your account these terms will also terminate, but all provisions of these terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
18. Changes to the terms
AscendPsychology CogniPsyTech Pvt. Ltd. reserves the right to change or update these terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated terms on this page. Any changes or updates will be effective immediately upon posting to www.inpsyt.app. By continuing to access or use the services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the services. Under certain circumstances we may also elect to notify you of changes or updates to our terms by additional means, such as pop-up or push notifications within the products or email.
You can determine when these terms were last revised by referring to the “last updated” date at the top of these terms. It is your responsibility to review these terms for any changes. You may visit this page regularly to review these terms for any changes.
19. Disclaimer of warranty
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”
inPsyt, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, inPsyt, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
Your use of the services will meet your requirements,
Your use of the services will be uninterrupted, timely, secure or free from error, and usage data provided through the services will be accurate.
20. Limitation of inPsyt’s liability
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:
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).
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.
Any use of websites linked to the products but operated by third parties.
Notwithstanding anything to the contrary, you assume full responsibility for your own use of the products. In no event shall inPsyt 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.
Subject to section above, you expressly understand and agree that inPsyt, its subsidiaries and affiliates, and its licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
Some states and jurisdictions may not allow the limitation or exclusion of liability for certain direct, incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall inPsyt’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount that you have actually paid for the services in the past twelve months.
You agree to hold harmless and indemnify inPsyt, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “inPsyt and partners”) from and against any third-party claim arising from or in any way related to
Your breach of the terms;
Your use of the services;
Your violation of applicable laws, rules or regulations in connection with the services, or
Your user content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
22.1 Dispute resolution and binding arbitration.
Please read the following paragraphs carefully, as they require you to arbitrate disputes with inPsyt, and limit the manner in which you can seek relief from inPsyt 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.
22.2 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 inPsyt 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.
Arbitration rules. The arbitration is governed by Rules of Arbitration of the Indian Council of Arbitration.
If the claim is for INR 1,00,000 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 rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at Mumbai, India.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the Rules of Arbitration of the Indian Council of Arbitration. 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, then the payment of all fees will be governed by the Rules of Arbitration of the Indian Council of Arbitration. In such case, you agree to reimburse inPsyt for all monies previously disbursed by it that are otherwise your obligation to pay under the Rules of Arbitration of the Indian Council of Arbitration. 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.
22.3 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 inPsyt. 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 inPsyt.
22.4 Jury trial waiver:
Except where not permitted by law, you and inPsyt 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 inPsyt elect to have claims and disputes resolved by arbitration. In any litigation between you and inPsyt over whether to vacate or enforce an arbitration award, you and inPsyt will have the dispute settled in Mumbai Court.
Class action waiver: Where permitted under the applicable law, you and inPsyt agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or consolidated action. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor inPsyt are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section below.
22.5 Small claims court
Notwithstanding the foregoing, either you or inPsyt may bring an individual action in small claims court.
22.6 Public injunction exclusion
Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.
22.7 Arbitration agreement survival
This arbitration agreement will survive the termination of your relationship with inPsyt.
22.8 Force majeure
We will not be liable to you for any lack of performance, or the unavailability or failure of the product, 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.
22.9 Exclusive venue
To the extent the parties are permitted under these terms to initiate litigation in a court, both you and inPsyt agree that all claims and disputes arising out of or relating to the terms or the use of the products will be litigated exclusively in Mumbai Court, India. If, however, that court lacks original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the terms or the use of the products will be litigated exclusively in any of the superior courts of India.
22.10 Choice of law
Except to the extent they are preempted by law of India, other than its conflict-of-laws principles, law of India governs these terms and any disputes arising out of or relating to these terms or their subject matter, including tort claims.
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.
24. Our contact information
We encourage you to reach out at any point with questions, comments, or concerns about this terms statement or your personal information. You can contact us at our:
Email address: firstname.lastname@example.org
Arbitration Clause Link
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