Terms of Use

All sections of these Terms of Use that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General.

INTRODUCTION

The Hearty App is a mobile application that is used for parents to help to build healthy relationships with kids by spending more quality time together by giving them access to dozens of activities that can be easily done together with kids throughout your day. It is provided to you by PATHFINDER DMCC (“us” or “we” or “our” or “Hearty App”). So that we may safely and responsibly manage this mobile application for all of our users, your use of this app is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use” or “Agreement”) apply to your use of the services and functionality provided on or through the mobile application (the “Services”).

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you are not authorized to use the Services. We may modify these Terms of Use at any time and such modification will be effective upon posting to the Services.

These Services are intended for use by individuals 18 years or older. If you are under 18, you may use this mobile application and Services only with involvement of a parent or guardian.

USE OF THE SERVICES

The Services allow for the delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including our partners, sponsors, or affiliates. The Content is protected by copyright under Law of Cyprus. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Services may include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you and not as an endorsement, sponsorship, or recommendation by us of the content on such External Services. The content of such External Services is developed and provided by others.

The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. Any use of the Services which is unlawful or in violation of these Terms of Use is prohibited.

Your use of the Services is subject, in our sole discretion, to termination at any time.

While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk.

PAYMENTS

Billing

Certain Services are provided free-of-charge, while other options require payment before they can be accessed. To use paid part of the Services you have to buy a Subscription. The paid part of Services will not be available to you if you don’t have a paid Subscription at the time, although it may be visible in the Hearty App.

The purchase of the Subscription can be done through a marketplace, where Hearty App was downloaded, by paying a disclosed Subscription fee plus applicable taxes in advance on a monthly or yearly basis or some other recurring interval disclosed to you prior to your purchase.

If you purchase Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Services in addition to these Terms. Please contact the third party regarding any refunds or to manage your Subscription.

We may offer a free trial period for our Services. The availability and duration of it will be specified in the Hearty App. Trial period can be started by choosing the Subscription period in the Hearty App and confirming the purchase in the marketplace, which requires filling the billing details (credit card details and billing address). From the next day after the end of trial period Subscription fee will be automatically charged from you, if you hadn’t canceled your Subscription before the trial ends.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

We may from time to time make changes to the price of Subscription which will take effect at the start of the next Subscription period following the date of the price change and, by continuing to use the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the Services prior to the price change going into effect.

Renewal and Cancellation

With the exception of Subscriptions for a paid period, your payment to us or the third party through which you purchased the Subscription will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period. Contact our Support for instructions on how to cancel. The cancellation will take effect the day after the last day of the current Subscription period. We do not provide refunds or credits for any partial Subscription periods.

PRIVACY POLICY

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your personal information is collected and used through the Services. Our online privacy policy is available for viewing at https://static.pathfinder.vision/policy.html.

INDEMNITY

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS WILL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING YOUR PARTICIPATION IN ANY ASSOCIATED ACTIVITIES WHILE USING THE SERVICES, AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT OF FIFTY DOLLARS ($50.00), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL ACTIVITIES IN THE APPLICATION ARE DESIGNED TO DIVERSIFY LEISURE TIME SPENT WITH CHILDREN, AND THEIR REPETITION IN REAL LIFE IS CARRIED OUT BY USERS AT THEIR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY HARM MADE BY USERS OR THEIR CHILDREN TO THEMSELVES OR THIRD PERSON OR ANY OTHER DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

NO MEDICAL OR OTHER ADVICE

Hearty App provides the Services for you to spend more quality time together and knowing your child better, and may provide additional guidance related to physical, psychological or general conversation interaction with your child. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL, PSYCHOLOGICAL OR EDUCATIONAL ADVICE OR OPINION, and are provided for informational purposes only. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to proper health and development issues of your child. YOUR USE OF THE MOBILE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND HEARTY APP.

BINDING ARBITRATION OF ALL DISPUTES

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services or these Terms of Use then you and we agree to send a written notice to Hearty App providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to us at support@pathfinder.vision. For a period of 60 days from the date of receipt of notice from the other party, Hearty App and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Hearty App to resolve the dispute on terms either you or Hearty App, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

GENERAL

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Any alleged claim or cause of action you may have with respect to your use of the Services must be commenced within 1 year after the alleged claim or cause of action arises. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect. All sections of these Terms of Use that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled Indemnity, Disclaimer of Warranty and Limitation of Liability, and General. Failure by us to act on or enforce any provision of the Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Electronic Signature

You further acknowledge and agree that by clicking on a button labeled "I ACCEPT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms of Use.

Service Termination

You may terminate this Agreement at any time by canceling your subscription through your accounts settings page. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT.

We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to this Agreement, and with or without notice. We will have no liability to you or any third party because of such termination or action.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the substantive law of the Republic of Cyprus without regard to conflict of law’s provisions.

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Cyprus Consumer Center for Alternative Dispute Resolution Rules (A.D.R. Cyprus Center Ltd) which Rules are deemed to be incorporated by reference into this clause.

The seat, or legal place, of arbitration shall be the Republic of Cyprus.

To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of Cyprus to settle any disputes which may arise out of or in connection with this Agreement and that accordingly proceedings must be brought in such courts.

Entire Agreement

This Agreement and all other provisions referenced herein contain the entire agreement between you and Hearty App regarding the use of the Services.

No Waiver of Breach or Default

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Absence of Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hearty App as a result of this Agreement or use of the Service.

Contact Information

If you have any questions or concerns about our Services or this Agreement you may contact us at support@pathfinder.vision