PRIVACY POLICY

INTRODUCTION

The Journy: Mental Fitness App is operated by the AffirmedYou LLC (“AffirmedYou”, “we” “us” or “our”). The AffirmedYou LLC operates the Journy: Mental Fitness App Website (www.journyapps.com) and Journy: Mental Fitness App (each and “app” or “site”, respectively) and several related services (all such services, “Services”). The Privacy Policy should serve as an accessible guide to the information we collect during your use of the Services. By using the Services, you agree to this Privacy Policy. Please read our privacy policy carefully and if you do not agree with any provision provided herein you should not access or use our services.

INFORMATION YOU ARE REQUIRED TO PROVIDE

We require you to provide certain pieces of personal information in order to operate as designed. Requested information for use of the Services may include, but is not limited to:

  1. Full Name
  2. E-mail address
  3. Telephone
  4. Your Country
  5. Date of Birth
  6. Self-selected habits.

Some of user-provided information may be optional, but a name and an active email address are required to use any of the Services.

ADDITIONAL INFORMATION

We will also collect non-personally identifiable information. This will typically include:

  1. Browser or platform type
  2. IP address, referring site, and the date and time of each visitor request.
  3. Location Information
  4. Transactional Information and Billing Information.
  5. Device Information
  6. Account Information

We collect this data to best serve our users. This information will never be released to others on a personally identifiable basis but may be released in a compiled manner

THIRD PARTY PAYMENT PROCESSING

We may sell subscriptions or merchandise through our Services. When you make purchases through the Services, we process your payments through a third party application, including the Apple App Store, Google Play App Store, Amazon App Store (together with any similar applications, “App Stores”), Social Networking Sites (“SNS”) such as Facebook, and other third-party payment processors. The third-party application may collect certain financial information from you to process a payment on our behalf including your name, email address, address, and other billing information.

WHY WE NEED YOUR INFORMATION?

We collect your personal information for the following purposes.

  1. To register you with us.
  2. To deliver you services you have applied for.
  3. To communicate with you
  4. To comply with the contractual obligations.
  5. To send you important notices in lieu of services.
  6. For research and development.
  7. To verify your identity.
  8. To conduct surveys and researches.
  9. To conduct marketing, promotions, and advertising activities.
  10. To monitor online activity on Company’s properties
  11. To market, improve and add our products and services (including online).
  12. To respond to a serious threat to an individual’s life or to public health or safety.
  13. To administer relationship with you by responding to your enquiries and providing you with information about our events, products and services that may be of interest to you.
  14. To fulfil our obligations, rights or claims in legal proceedings.
  15. To authenticate users.
  16. To investigate and prevent possible fraud and illegal activity.
  17. To process and facilitate payment for goods and services facilitated by us.
  18. To deal with disputes and complaints.
  19. To comply with laws, including assisting government agencies and law enforcement investigations.
  20. To use or disclose it as otherwise authorized or permitted by law.

COOKIES

We may also use cookies or web beacons to track a user’s interactions with the Services. This information will be used to deliver or optimize the Services, manage accounts, for research and analysis, to communicate with users and to develop content. You can opt-out of cookies by utilizing the settings provided in their browsers, but some of the functionality of the Services may be disabled or inaccessible if you do so.

Additionally, we may collect information from our mobile application users who have installed our application in a similar manner to optimize the mobile experience. Any entries made on the mobile application will be used to optimize the Services, manage accounts, for research and analysis, to communicate with users and to develop content. This information will never be released to others on a personally identifiable basis but may be released in a compiled manner.

HOW WE MAY USE YOUR INFORMATION

We may also disclose certain Personal Information:

  1. To third party vendors who helped us to provide you the services.
  2. To third parties to whom you demand us to send Personal Information.
  3. To our affiliates, partners, subsidiaries, joint ventures, or other companies.
  4. If we believe in good faith that such disclosure is important to:
    1. Resolve disputes, investigate problems, or enforce our terms and conditions.
    2. To comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; or
    3. To protect and defend our rights or property or the rights and property of you or third parties.

THIRD PARTY LINKS

Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third parties. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by us.

You shall access and use such third-party sites, including the content, items, or services on those sites, solely at your own risk. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.

CHILDREN UNDER THIRTEEN (13)

Our Services and App are not for children under thirteen (13). We do not necessarily collect the information of children under 13. Protecting the privacy of children is very important to us. If we later learn that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Sites and the Services. However, if you are under the age of thirteen (13) and using our services, you understand that we shall not be held liable to you for any loss of data.

YOUR RIGHT

You can review and/or change certain of your Personal Information by logging into the Site or the App and accessing your account. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy. You can stop all collection of information by the App(s) by uninstalling the App(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can access and modify the Personal Information associated with your Account through your Account settings. If you want us to delete your Personal Information and your Account, please contact us at admin@journyapps.com with your request. We will start the process to delete your information in a reasonable time.

CHANGES TO THE PRIVACY POLICY

Although most changes are likely to be minor, we may change our Privacy Policy from time to time, and at our sole discretion. We encourage you to frequently check this page for any changes to its Privacy Policy. Your continued use of the Services after any change in this Privacy Policy will constitute your acceptance of such change.

QUESTIONS, COMPLAINTS AND FEEDBACK

Should you have any question, feedback, concern, or complaint regarding our privacy policy you are encouraged to contact us at admin@journyapps.com.

END USER LICENSE AGREEMENT

Journy: Mental Fitness App End User Licence Agreement
This End User License Agreement (“Agreement”) is between you and AffirmedYou LLC, developers of Journy: Mental Fitness App, hereby referred to as “Journy” or “Journy: Mental Fitness App” or “Journy: Mental Fitness App by AffirmedYou LLC” throughout this document. This Agreement governs your use of Journy: Mental Fitness App made available through the Apple App Store. By installing the Journy: Mental Fitness App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Journy: Mental Fitness App. In order to ensure Journy: Mental Fitness App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.

1. Parties

This Agreement is between you and Journy only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Journy: Mental Fitness App, not Apple, is solely responsible for the Journy: Mental Fitness App and its content.

2. Privacy

In order to operate and provide the Subscription Service, Journy: Mental Fitness App may collect certain information about you, including technical and telemetry data related to your use of the App. We use third party service providers to help us collect and analyze this data, including Google Analytics. Parentiy App uses and protects that information in accordance with the Journy: Mental Fitness App Privacy Notice (a current version of which can be found at https://www.journyapps.com.

3. Grant of Limited License

Provided that you have complied with, and that you continue to comply with, all of the provisions of this Agreement, Journy hereby grants to you a limited and non-exclusive right to install, run, access and use the Application in object code form only for the purposes described in this Agreement or otherwise as may be instructed or described by Journy in writing.

4. License Restrictions

You shall not:
  1. copy the Application, except as expressly permitted by this license;
  2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  4. remove, delete, alter or obscure any trademarks or any copyright trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason.

5. Age Restriction

By using the Journy: Mental Fitness App, you represent and warrant that:
  1. you are 18 years of age or older and you agree to be bound by this Agreement;
  2. if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian;
    and
  3. your use of the Journy: Mental Fitness App does not violate any applicable law or regulation. Your access to the Journy: Mental Fitness App may be terminated without warning if Journy: Mental Fitness App believes, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Journy: Mental Fitness App, you agree to be bound by this Agreement in respect to your child's use of the Journy: Mental Fitness App.

6. User Content

The Journy: Mental Fitness App may enable you to upload, post and transmit photos and videos to the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums and other interactive areas in which you or other users may post or transmit photos, videos, text, messages, information or other content or materials (collectively, the “User Content”). You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. Journy: Mental Fitness App does not claim any ownership, right, title or interest in and to your User Content. Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you grant Journy: Mental Fitness App a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable Journy: Mental Fitness App to provide the Services, including to display the User Content on the Services. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. From time to time, Journy may limit the amount of User Content, including your photographs, stored via the Site. Journy has the right, at any time, to remove your User Content stored on the Site in excess of such limits. Further, if Journy: Mental Fitness App were to terminate an account on the Site for any reason, all User Content associated with such account would be removed. While Journy: Mental Fitness App will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the email you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof.

7. Acceptable Use Policy

Journy: Mental Fitness App represents a global community with diverse people, and everyone has the right to feel comfortable while using this service. So, we urge you to be polite and respectful in your interactions with other members. Journy: Mental Fitness App will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but it is not limited to: a. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; b. sexually explicit materials; c. obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; d. content that is intended to harass, abuse, spam, impersonate, or intimidate others; e. content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; f. content that promotes self-harm or the encouragement of others to do things that might cause them to get hurt; g. spam content which includes, but is not limited to, excessive favoriting, excessive commenting, deceptive tagging, deceptive photo titles and descriptions, or resource abuse; and h. content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms. If you become aware of any violation of this Policy, you will immediately notify us via admin@journyapps.com and provide us with necessary assistance, as requested, to stop or remedy the violation.

8. Subscription Plan, Cancellation, and Auto Renewal

Journy: Mental Fitness App is comprised of both FREE and PREMIUM content and features. The free content and features are available to you whether you are on a paid subscriber or not. Below are the two subscription plans available on Journy: Mental Fitness App: a. 4.99 USD monthly subscription fee for all premium features. After a 7-day free trial of premium features, the automatic subscription starts. Even with cancellation of the monthly subscription, all free content and features remain. b. 49.99 USD annual subscription fee for all premium features. After a 7-day free trial of premium features, the automatic subscription starts. Even with cancelation of the annual subscription, all free content and features remain. There is no long term commitment attached to our monthly subscription services; you can cancel your subscription any time by emailing admin@journyapps.com stating your subscription plan, email address and full name. We will renew your subscription monthly or annually depending on our original agreement with you, based on the preferences you submitted. If you chose to purchase a monthly or annual subscription up front (Pre-pay), unless agreed otherwise, your contract will be renewed automatically on a monthly or annual basis following the initial period.

9. Changes to the Price and Subscription Plans.

We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

10. Warranty

Journy: Mental Fitness App disclaims all warranties about the Journy: Mental Fitness App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Journy: Mental Fitness App, not Apple, shall be solely responsible for such warranty.

11. Maintenance and Support

Journy: Mental Fitness App may deploy changes, updates, or enhancements to the app at any time. Journy: Mental Fitness App may provide maintenance and support for the app, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that Apple (for iOS Mobile App) has no obligation to furnish any maintenance or support services in connection with Journy: Mental Fitness App.

12. Product Claims

Journy: Mental Fitness App by AffirmedYou LLC, not Apple, is responsible for addressing any claims by you relating to the
Journy: Mental Fitness App or use of it, including, but not limited to: a. any product liability claim; b. any claim that Journy: Mental Fitness App fails to conform to any applicable legal or regulatory requirement; and c. any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

13. Legal Compliance

You represent and warrant that a. you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and b. you are not listed in any United States government list of restricted or prohibited parties.

14. Intellectual Property Rights

You acknowledge that all intellectual property rights in Journy: Mental Fitness App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in Journy: Mental Fitness App are licensed (not sold) to you, and that you have no rights in, or to, Journy: Mental Fitness App, the documents or the technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the Journy: Mental Fitness App in source-code form.

15. Third Party Intellectual Property Claims

Journy: Mental Fitness App shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the Journy: Mental Fitness App. To the extent Journy: Mental Fitness App is required to provide indemnification by applicable law, Journy: Mental Fitness App, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Journy: Mental Fitness App or your use of it infringes any third-party intellectual property right.

16. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA in whole or in part, due to force majeure such as fire, flood, hurricane, earthquake, war, and any other unforeseen or uncontrollable event beyond our reasonable control, including failure of public or private telecommunications networks. If an event outside our control occurs that affects the performance of our obligations under this EULA: a. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control; and b. We will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the event outside our control.

17. Limitation of liability

In no event will Journy: Mental Fitness App or its directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use or view the site, the services, the products, the user content or the Journy materials contained in or accessed through the services, including any damages caused by or resulting from your reliance on any information obtained from Journy: Mental Fitness App, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Journy: Mental Fitness App’s records, programs or services. In no event will the aggregate liability of Journy: Mental Fitness App, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site, the services, the products, the user content or the Journy: Mental Fitness App materials, exceed compensation you pay, if any, to Journy: Mental Fitness App for access to or use of the site or the services or for the purchase of products.

18. Indemnity

You agree to defend, indemnify and hold harmless Journy and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services, the User Content, or the Journy Materials or the Products, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

19. Modifications to Application

Journy reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

20. Term and Termination

This Agreement shall remain in effect until terminated by you or Journy: Mental Fitness App. We may add or remove features, products, or functionalities, and we may also suspend or stop the Services, with or without notice. We aspire that you will always continue to share good vibes through the use of our Services, but you may choose to terminate your relationship with Journy: Mental Fitness App at any time. If you are using our free Services, you may terminate your relationship with Journy by simply ceasing to use the Services or deleting the App. Where permissible under applicable law, Journy has the right to terminate your rights under our Services without notice, including, without limitation, by blocking you, suspending or terminating your Account, including, and without derogating from our general right, if you are in breach of our Terms or other policies (including our Acceptable Use Policy) or if we decide not to provide the Services or any part thereof in certain locations or to certain devices. Journy: Mental Fitness App reserves the right to modify or discontinue, temporarily or permanently, all or any part of its Services or any software, facilities, and services on its services, with or without notice or to establish general guidelines and limitations on their use.

21. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

22. Amendments to this Agreement

Journy: Mental Fitness App reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will notify you prior to taking effect. What constitutes a material change will be determined at our sole discretion.

23. Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in El Paso County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Questions or Comments

Journy is committed to keeping our users happy and satisfied with their use of the App. If you have any questions, concerns, complaints or comments in any way related to this Agreement, please contact us at admin@journyapps.com. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at: AffirmedYou LLC 7356 Skyrocket Drive, El Paso, TX 79911, admin@journyapps.com.