Terms and Conditions for Friday
Welcome to Friday (“we”, “our”, or ”us”). This mobile application (“App”) aims to provide relaxation and self-improvement services to support mental health. By accessing or using our app, you agree to these Terms and Conditions (the “Terms”).
Agreement to Terms
By utilising our Services, you consent to these terms. If you do not accept these terms, you may not use the Services.
Privacy Policy
Please refer to our Privacy Policy for details on how we collect, use, and disclose user information. You agree that your use of the Services is subject to our Privacy Statement.
Changes to Terms or Services
We reserve the right to modify the Terms at any time. If we do so, we will notify you by posting the revised Terms on the App or through other means of communication. It is crucial that you review the Terms each time we modify them, as your continued use of the Services after we have posted modified Terms on the App indicates that you agree to be bound by the modified Terms. If you do not agree to be bound by the Terms, then you must stop only. Due to the fact that our Services evolve over time, we reserve the right to modify or discontinue all or any portion of the Services at any time and without notice, at our sole discretion.
Use of the App
Eligibility
You may only use the Services if you are at least 18 years old to use our app. The app is intended to be a supportive tool and not a replacement for professional medical advice, diagnosis, or treatment.
Registration and Your Information
In order to utilise specific functionalities of the Services, it is mandatory to create an account (the "Account"). You may do so via the application. Your provision of accurate, complete, and current information regarding your Account is of the utmost importance, and you agree to update this information as required to maintain its accuracy, completeness, and currency. Failure to comply may result in the suspension or termination of your account. You agree not to reveal the password for your Account to any third party and to notify us immediately of any unauthorised use of your Account. Whether or not you are cognizant of them, you assume full responsibility for all activities that transpire under your Account.
Using the Services
The Services provde users with the ability to generate personalised relaxation and self-improvement sessions by selecting from an assortment of options. Additionally, you may utilise the paid features of the Services to gain access to their enhanced features or to acquire products that are available for purchase via the Services (the "Products"). The specifics of these purchases are provided in the section entitled "Purchases" that follows. You acknowledge and consent that the information, products, and services you obtain from Friday are not meant, designed, or implied to diagnose, prevent, or treat any disease or condition, to determine your health status, or to serve as a replacement for professional medical care. Some users may find certain activities outlined in the Services or Products to be unsuitable for them. It is improper to utilise the Services while driving, operating heavy equipment, or engaging in any other activity that necessitates focus and attention. You concur and acknowledge that your use of the Services is at your sole responsibility.
Purchases
Fees
You may acquire specific enhanced features of the Services from Friday for a monthly or annual fee (the "Subscription"). Through the Services, a description of the features associated with subscriptions is accessible. Upon the acquisition of a Product or Subscription (collectively referred to as a "Transaction"), we may request supplementary information from you, including but not limited to your billing and delivery addresses, credit card number, and expiration date (collectively referred to as "Payment Information"). You affirm and represent that you possess the necessary legal authority to utilise each payment method (or methods) represented by the Payment Information. You will be informed of the total amount owed and payable for a transaction conducted via the Services prior to placing your order. By selecting to commence a Transaction through the Services, you grant us permission to disclose your Payment Information to third party service providers in order to facilitate the completion of your Transaction. You also agree to the following terms and conditions: (a) you are responsible for all applicable fees and taxes; (b) Friday may assess charges to your credit card or third party payment processing account, which may include, but are not limited to, your account with the app store or distribution platform (such as the Amazon Appstore, Google Play, or the Apple App Store); We will send you a confirmation email once the payment for your order has been verified. Your order remains non-binding on Friday pending confirmation and acceptance by Friday. Except as otherwise specified in these terms, all payments are non-refundable and non-transferable. Should you have any objections or concerns regarding charges, please contact us prior to bringing them up. You also agree not to cancel or reject any credit card or third party payment processing charges unless you have attempted to resolve the matter reasonably with Friday.
Friday reserves the right, in its sole discretion, to not process or rescind your order under specific circumstances, such as when your credit card is declined, when we suspect the request or order is fraudulent, or when Friday deems it otherwise appropriate. Furthermore, with regard to your order, Friday reserves the right, at its sole discretion, to take measures to verify your identity. In order to validate your identity and proceed with the transaction, it may be necessary for you to furnish supplementary information, which is encompassed within the term "Payment Information." Friday will refund or waive the fee for orders that are cancelled or do not undergo processing
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All payments are due and charged as follows: for monthly or yearly subscriptions, at the commencement of the subscription; for such subscriptions, at the time of each renewal until cancellation; and for annual or monthly subscriptions, at the time of each renewal until cancellation, using the Payment Information you have supplied. To prevent monthly or annual subscription fees from being billed for the subsequent period, you must terminate your subscription prior to its renewal. You may terminate your subscription renewal at any time with the App Provider if you purchased your subscription through them. Fees already paid for the current subscription period are non-refundable, and you will continue to receive the ordered services until the conclusion of the current subscription period.
Changes to Price Terms for Subscriptions
Friday reserves the right to changes its subscription pricing terms at any time; you will be duly notified by Friday prior to the implementation of any such changes. Alterations to the pricing conditions shall not be retroactively applied and shall solely be applicable to subscription renewals subsequent to the communication of said revised pricing terms to you. Should you find the modifications to Friday's pricing terms unsatisfactory, you have the option to cancel your subscription in accordance with the guidelines provided in the section titled "Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription."
Future Functionality
You acknowledge and agree that your purchases are not reliant on any forthcoming functionality or features being delivered, or on any public comments, whether oral or written, made by Friday concerning such features or functionality.
Feedback
We value comments, feedback, and suggestions regarding the enhancement of our services and products ("Feedback"). Feedback can be submitted through our contact page. We hereby obtain from you a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free licence under your ownership or control of any and all intellectual property rights to use, copy, modify, create derivative works based on, and otherwise exploit the Feedback for any purpose, in accordance with your permission.
Rights and Terms for Apps
Rights in App Granted by Friday
Friday grants you a limited, non-exclusive, non-transferable, and non-sublicensable licence to download and install a copy of the Application on a mobile device or computer under your ownership or control, solely for your own personal non-commercial use, provided that you comply with these Terms. Friday retains all rights to the Application that are not explicitly granted to you in accordance with these Terms. You are only permitted to make a reasonable number of copies of the application for backup or archival purposes. You are not permitted to: (i) distribute, transfer, sublicense, lend, rent, or lease the App to a third party; (ii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App accessible to multiple users through any means, unless explicitly permitted in these Terms.
Additional Terms for App Store Apps
By accessing or downloading the Application from the Apple Store, you grant your consent to utilise the Application solely: (i) on an Apple-branded device or product running iOS (Apple's proprietary operating system software); and (ii) in accordance with the "Usage Rules" outlined in the Terms of Service for the Apple Store.
By accessing or downloading the Application from an App Provider, you hereby confirm and agree to the following:
These Terms are established solely between you and Friday, and not with the App Provider; and
Friday is solely liable for the Application as between Friday and the App Provider.
The App Provider is not obligated to provide any support or maintenance services in relation to the App.
You may notify App Provider of any failure of the App to conform to any applicable warranty, and App Provider will refund the purchase price for the App (if applicable). App Provider shall have no further warranty obligations with respect to the App, to the extent permitted by applicable law. Friday shall bear full responsibility for any additional claims, losses, liabilities, damages, costs, or expenses that may arise as a result of an application failing to comply with any warranty.
Claims pertaining to the App, its possession, and usage by you or any third party are not the responsibility of the App Provider to defend. This includes, but is not limited to the following: (i) product liability claims; (ii) claims alleging non-compliance of the App with applicable legal or regulatory obligations; and (iii) claims arising under consumer protection or analogous legislation.
Should a third party assert that the App or your usage and possession of the App violates the intellectual property rights of that third party, Friday shall bear exclusive liability, to the extent permitted by these terms, for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
App Provider and its subsidiaries are third-party beneficiaries of these Terms with respect to your App licence, and App Provider will have the right (and be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof upon your acceptance of the terms and conditions of these Terms.
Additionally, when using the App, you must adhere to all applicable third-party terms of service.
You acknowledge and consent to abide by all export laws and regulations of the United States and other countries. This includes making certain that neither the application itself, any technical data associated with it, nor any direct product thereof is exported, re-exported, or utilised for any purpose that is prohibited by such regulations. Through your use of the Application, you affirm and guarantee the following: (i) you are not situated in a nation that is embargoed or designated as a "terrorist supporting" country by the United States Government; and (ii) you do not appear on any list of prohibited or restricted parties maintained by the U.S. Government.
Prohibitions
You agree to refrain from the following actions:
The user is prohibited from posting, uploading, publishing, submitting, or transmitting any content that: (i) violates, misappropriates, or infringes upon the intellectual property rights of a third party, including patents, trademarks, trade secrets, moral rights, and rights of publicity or privacy; (ii) violates or encourages conduct that would be in violation of any applicable law, regulation, or give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, or pornographic material;
Use, display, mirror or frame the Services, or any individual element within the Services, Friday’s name, any Friday trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Friday’s express written consent;
Access, tamper with, or use non-public areas of the Services, Friday’s computer systems, or the technical delivery systems of Friday’s providers;
Attempt to probe, scan, or test the vulnerability of any Friday system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Friday or any of Friday’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Friday or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Friday trademark, logo URL or product name without Friday’s express written consent;
Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
While not legally binding, we reserve the right to monitor access to or use of the Services or Content, as well as review or modify any Content, in order to operate the Services, ensure adherence to these Terms, and comply with applicable laws and other legal obligations. We may, but are not obligated to, remove or disable access to any Content at any time and without prior notice, including, but not limited to, if we deem any Content objectionable or in violation of these terms and at our sole discretion. Conduct that affects the Services or constitutes a violation of these Terms is subject to investigation. In addition, law enforcement authorities may be consulted and collaborated with in an effort to prosecute users who violate the law.
Termination
We reserve the right to terminate your use and access to the Services at any time and without prior notice, in our sole discretion. At any time, you have the option to terminate your account by contacting us via email at team@fridayclinic.com. Cancelling a subscription purchased through an app provider should be done directly with the app provider as well. All provisions of these Terms that should survive a termination, discontinuation, or cancellation of the Services or your Account shall remain in effect, including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
General Terms
These Terms replace and supersede any and all prior oral or written agreements or understandings between you and Friday with respect to the Services, Products, and Content. They constitute the sole and entire understanding and agreement between you and Friday regarding the Services, Products, and Content. In the event that a court of competent jurisdiction or an arbitrator appointed in accordance with the "Arbitration" section above declares any provision of these Terms invalid or unenforceable (but only if you send us an Arbitration Opt-out Notice in a timely manner, as specified above, withdraws you from the arbitration process), that provision shall continue to be enforced to the greatest extent permitted. All other provisions of these Terms shall remain fully operational. By operation of law or otherwise.
You may not assign or transfer these Terms without Friday's prior written consent. Any endeavour on your part to transfer or assign these Terms in the absence of such consent shall be void and without consequence. Friday is permitted to transfer or assign these terms without restriction. These Terms shall be legally binding and shall benefit the parties.
Their successors, and permitted assigns, with the exception of the aforementioned. Any notices or other communications furnished by Friday in accordance with these Terms, including those pertaining to alterations to these Terms, shall be delivered as follows: (i) via email by Friday; or (ii) through posting on the Services. The date of transmission shall be deemed the date of receipt for notices delivered via email.
Failure by Friday to enforce any of these Terms' rights or provisions shall not constitute a waiver of said right or provision. Any such right or provision may only be waived in writing and with the signature of a duly authorised Friday representative. Aside from what is expressly stated in these Terms, the exercise of any remedy under these Terms by either party shall not prejudice the other party's remedies under or otherwise.
Contact Information
Please contact Friday at team@fridayclinic.com with any inquiries regarding the Services or or these Terms.