Terms and Conditions
Last updated: October 4, 2024
Welcome to
Foojan. Please read these terms and conditions carefully before using our
Service.
Interpretation
and Definitions
The words of which the initial letter
is capitalized have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
For the purposes of these Terms and
Conditions:
Application
means the software program provided by the Company downloaded by You on any
electronic device, named foojan
Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in
which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50%
or more of the shares, equity interest or other securities entitled to vote for
election of directors or other managing authority.
Coach refers to certified coaches in Awareness
Integration Theory (“AIT”) model presented on the website for you to choose if
needed. Coaches are not an employee nor are
contracted with the company. Obtaining any type of services from the coaches
are not part of the services of this company.
Country refers to: California, United States
Company (referred to as either "the Company",
"We", "Us" or "Our" in this Agreement) refers to
Foojan, Inc., 300 El Camino Real, Suite 216, San Clemente, CA. 92672.
Device means any device that can access the Service such as a
computer, a cellphone or a digital tablet.
Service refers to the services offered on the www.Foojan.com website
and/or Foojan Application.
Terms and Conditions (also referred as "Terms") mean these Terms
and Conditions that form the entire Agreement between You and the Company
regarding the use of the Service. This Terms and Conditions Agreement has been
created with the help of the Terms and Conditions Generator.
Therapist refers to certified therapists in
AIT model presented on the website for you to choose if needed. Therapists are not employees nor are they contracted
with the Company. Obtaining any type of services from the Therapists is not
part of the services of this Company.
Third-party Social Media Service means any services or content
(including data, information, products, or services) provided by a third-party
that may be displayed, included or made available by the Service.
You mean the individual accessing or using the Service, or the
company, or other legal entity on behalf of which such individual is accessing
or using the Service, as applicable.
Video refers to informative, skill building and
instructional videos by a variety of experts featured on the company website.
The content makers of videos (except Dr. Foojan Zeine) are not employee or
representative of the Company.
Acknowledgment
These are the Terms and Conditions
governing the use of this Service and the Agreement that operates between You
and the Company. These Terms and Conditions set out the rights and obligations
of all users regarding the use of the Service.
Your
access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions will take effect
at the time you begin accessing the Company’s Service. These Terms and Conditions apply to all
visitors, users and others who access or use the Service.
By
accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions, then
You must not access the Service. The Company reserves the right,
with or without notice, at any time and for any reason to deny You access to
the Service, and to terminate these Terms and Conditions. You may terminate
these Terms and Conditions at any time by ceasing to use the Company Website, or
Application, but all applicable provisions of these Terms and Conditions will
survive such termination.
You
represent that you are over the age of 18. The Company does not permit those
under 18 to use the Service. You hereby confirm
that you are legally able to consent to receive Services.
YOU MUST IMMEDIATELY CALL YOUR
LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE APPROPRIATE AUTHORITIES IF
YOU ARE CONSIDERING SUICIDE, IF YOU ARE CONSIDERING HARMING YOURSELF
OR OTHERS, OR IF YOU HAVE ANY MEDICAL EMERGENCY. THE SERVICE IS NOT
INTENDED FOR USE IN ANY OF THE SCENARIOS MENTIONED ABOVE, AND IT CANNOT OFFER
THE NECESSARY ASSISTANCE.
DO NOT DISREGARD, AVOID, OR DELAY
SEEKING IN-PERSON CARE FROM YOUR DOCTOR, PSYCHIATRIST, PSYCHOTHERAPIST, OR
QUALIFIED PROFESSIONALS DUE TO RECEIVING INFORMATION OR ADVICE THROUGH THE
SERVICE.
The Company's Privacy Policy must be
accepted and followed in order for you to access and use the Service. When you
use the Application or the Website, we may collect, use, and disclose
information about you. Our Privacy Policy explains our policies and processes
in this regard and informs you of Your privacy rights and the legal safeguards
that apply to them. READ OUR PRIVACY POLICY CAREFULLY BEFORE USING OUR
SERVICE.
Intellectual Property.
You hereby
expressly acknowledge that the Company or its licensors own all legal right,
title and interest to the Website and Services. The Company reserves all rights
not expressly granted in and to the Service. Except as otherwise required or
limited by applicable law, any reproduction, distribution, modification,
retransmission, publication or other commercial use of
any copyrighted material is strictly prohibited without Our express written
consent or the express written consent of the copyright owner or licensor.
Trademarks
The names
of actual companies and products mentioned herein may be the trademarks of
their respective owners. Any rights not
expressly granted herein are reserved.
Third Party Content
The Company's website and its
services may include third party produced content, products, or services
("Third Party Content"), connections to Third Party Content
(including, but not limited to, links to other websites), and advertisements
about Third Party Content. Any such Third-Party Content, including but not
limited to any associated products, practices, conditions, or policies, is not
our responsibility. We disclaim all responsibility for any harm or loss brought
on by any such Third-Party Content.
The Company disclaims all liability
and has no control over third-party websites or services, including their
content, privacy policies, or practices. You further acknowledge and agree that
the Company shall not be responsible or liable, directly or indirectly, for any
injury or damage resulting from the use of or reliance on any such material,
products, or services made available on or through any such websites or
services.
We firmly recommend that you read
their terms of service and privacy policies before using any third-party
websites or services.
Subscription, Termination, Modifications,
Interruption to the Service
You
have various subscription options available through the Service, including
monthly or yearly billing. For monthly or yearly subscriptions, the subscription you pick will be maintained and
renewed automatically for an additional period equal in length
to the expiring subscription term until you cancel it, at the time of each
renewal until you cancel. You can cancel the renewal of your subscription
through the Application Store. You will not receive a
refund for the fees you already paid for your current subscription period and you will continue to receive the
Services ordered until the end of your current Subscription period.
By selecting a recurring Membership Service, you agree that such paid services require a
recurring payment and that you will be liable for all
subsequent charges up to termination.
You can end your subscription to the
Service anytime, for any reason. To avoid the subsequent billing cycle, you must cancel your
membership before it renews by via the application store.
The
Service holds the right to modify our subscription or vary the cost of our
services. Any alterations to the membership services you get will only become
effective after giving you due notice.
You
understand, consent with, and agree that we may, at any time, with or without
prior notice to you, alter, suspend, disrupt, or discontinue the Service, any
component of the Service, or the usage of the Service, whether for all
customers or just for you. You understand and agree that none of those
mentioned above activities, or any losses or damages resulting from any of the
aforementioned actions, will subject us to liability.
You understand
and agree that while we make commercially reasonable efforts to ensure the
Service's dependability and accessibility, no Service can be 100% reliable and
accessible. The Service depends on many elements, including tools, hardware,
and software that we own, operate, or belong to our contractors and suppliers.
As a result, we cannot guarantee that access to the Service will be continuous
or always accessible, consistent, timely, or error-free.
Your account representations, conduct and
commitments
You confirm that you are
of legal age (18 years or older) to consent to receive services, and are capable
of forming a binding contract.
You affirm and agree that
all the information you provided in or through the Service, and all information
you supply in or through the Service going forward, is true, accurate, up to
date, and complete. You further acknowledge your responsibility for maintaining
the accuracy, completeness, and up-to-datedness of such information throughout
the life of this Agreement.
You accept, agree, and
confirm that you alone oversee safeguarding the privacy of your account's
security details, including your password (collectively "Account
Access"). Regularly update your password and use additional caution when
protecting your online accounts.
You commit to informing
us immediately if you discover any unauthorized use of your account access or
any other potential security violation.
You agree, affirm, and
accept that we will not be held responsible for any loss or harm brought on by
another person using your account, either with or without your knowledge or
consent.
You agree, affirm, and
accept that all actions taken using your Account Access are exclusively your
responsibility. You further acknowledge and agree that, whether or not you allowed
the use of your Account Access, we will hold you liable and responsible for any
harm or loss as a result, and you agree to hold us harmless by providing us
with indemnification for any harm resulting from your Account Access.
You acknowledge that you will
not, under any circumstances, use or access another person's account.
You acknowledge and agree that
you are using the Service only for your personal use and not on behalf of any
other person or organization.
You acknowledge and agree that
you will not tamper with, disrupt, or attempt to do so with any of our systems,
services, servers, networks, or infrastructure, or any of the infrastructure
used by the Service, including, without limitation, by gaining unauthorized
access to any of those mentioned above.
You acknowledge and agree that
you will not post, send, or deliver any of the following using the Service: Any
content that violates a third party's rights, including intellectual property
rights; any content that may harm a third party; any content that is
unsolicited email and/or advertising or promotion of goods and services; any
malicious software or code; any content that is illegal, harassing,
privacy-invading, abusive, threatening, vulgar, obscene, racist, or potentially
harmful; and any content that may constitute, cause, or encourage a criminal
action or violate any applicable laws.
In connection with your use of
the Service, you agree and promise not to break any relevant local, state,
national, or international law, statute, ordinance, rule, regulation, or
ethical code.
Whether you obtain a file from
us via the Service or not, you agree to scan it for viruses and other dangerous
software before opening or using it.
You agree to keep us harmless
and defend us against any and all claims, losses, causes of action,
liabilities, costs, or expenditures (including, but not limited to, litigation
costs and reasonable attorneys' fees) resulting from or connected with any of
the following: (a) Your use of or access to the Service; (b) Any actions taken
using your Account or Account Access, whether taken by you or someone else; (c)
Your violation of any of the terms of this Agreement; (d) Your failure to make
payments for any services obtained through the Service; and (e) Your violation
of any third-party rights, including but not limited to any right of publicity,
confidentiality, property, or privacy. This clause shall survive expiration or
termination of this Agreement.
You agree and confirm that you
will only use credit cards or other payment methods (collectively,
"Payment Means") that you are lawfully and completely authorized to
use and that any payment-related data you have given and will continue to
submit to the Service is accurate, current, and correct.
You consent to pay all fees and
charges connected to your Account promptly and in accordance with the terms,
rates, and fee schedule detailed in the Service. By giving us your payment
method information, you permit us to bill and charge you using that payment
method. You promise to keep your payment method information up to date in your Account
Information.
Disclaimer of Warranty and Limitation of
Liability
TO THE
MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US (SERVICE AND COMPANY)
AND CONSENT TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF
ANY KIND RESULTING FROM THE SERVICES, THE WEBSITE CONTENT, OR THE SERVICES
OBTAINED FROM THERAPISTS OR COACHES CHOSEN FROM THE WEBSITE, INCLUDING (WITHOUT
LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION,
INFORMATION AND/OR SERVICE OF ANY THERAPIST OR COACHES CHOSEN FROM THE COMPANY’S
WEBSITE OR APPLICATION.YOU ACKNOWLEDGE,
AGREE, AND UNDERSTAND THAT THE SERVICE IS PROVIDED "AS IS" WITHOUT
ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE,
OR ACCURACY. THE SERVICE IS USED AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT
PERMITTED BY LAW.
YOU
UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE WEBSITE AND/OR
APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU
UNDERSTAND, AGREE, AND ACKNOWLEDGE OUR TOTAL LIABILITY FOR DAMAGES RESULTING
FROM THIS AGREEMENT OR ANY USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT
OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE SERVICES IN THE 12 MONTHS
PERIOD PRIOR TO THE DATE OF THE CLAIM.
The
above-described limitation of liability will only be regarded as amended to the
degree necessary to comply with applicable legislation if the applicable law
does not permit it.
The
limitation of liability clause will remain in effect even after this Agreement
expires or is terminated.
Governing Law
The laws of the Country, excluding
its conflicts of law rules, shall govern this Terms and Your use of the
Service. Your use of the Application may also be subject to other local, state,
national, or international laws.
Your Disputes Resolution
If You have any concern or dispute
about the Service, You agree to first try to resolve
the dispute informally by contacting the Company. In the event, the informal resolution of Your
dispute is not achieved, You and the Company agree to submit the dispute to
binding arbitration as follows:
Any controversy or claim you
have arising out of or relating to the Services and/or these Terms and
Conditions shall be brought solely by You as an individual and not as part of,
or as a representative of, a class. To the fullest extent permitted by law, any
controversy or claim You have shall be resolved by a single impartial
arbitrator pursuant to proceedings administered by the Judicial Arbitration and
Mediation services (“JAMS”) under its rules for resolution of commercial
disputes. The arbitration shall be held in California, Orange County. All
submissions to the arbitrator, the proceedings and the award shall be
confidential. The arbitration shall be conducted on an expedited basis with basic
discovery. The arbitrator's award shall be final and binding. The courts of
California shall have exclusive jurisdiction and venue over (i) any action
concerning the enforcement of an arbitration award, or (ii) if arbitration is
not permitted by law, then any controversy or claim You have arising out of or
relating to these Terms and Conditions. You agree to unconditionally
and irrevocably submit to the exclusive jurisdiction and venue of such courts
and You will not object to such jurisdiction and venue on the grounds of lack
of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL
RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO
THESE TERMS OF USE. Company reserves all rights and remedies available to it,
in law or equity, with respect to any matter relating to these Terms and
Conditions.
For European Union (EU) Users
If You are a European Union consumer,
you will benefit from any mandatory provisions of the law of the country in
which you are resident in.
United States Legal Compliance
You represent and warrant that (i)
You are not located in a country that is subject to the United States
government embargo, or that has been designated by the United States government
as a "terrorist supporting" country, and (ii) You are not listed on
any United States government list of prohibited or restricted parties.
Translation Interpretation
These Terms and Conditions may have
been translated if We have made them available to You on our Service. You agree
that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
The
laws of the State of California, excluding any rules governing the choice of
laws, shall be used to interpret this Agreement and our relationship with you.
THE
ENTIRE AGREEMENT BETWEEN YOU AND US IS CONSTITUTE IN THIS AGREEMENT. YOU AGREE
THAT EXCEPT AS SET FORTH IN THIS AGREEMENT, YOU HAVE NOT RELIED ON ANY PROMISES
OR REPRESENTATIONS MADE BY US.
We
reserve the right to modify this Agreement by posting updated terms on the
Service. Unless we expressly state otherwise, all changes are binding as soon
as they are posted. As a result, we advise you to review this Agreement's terms
often. This Agreement's last change date is at the document's top. You agree to
be bound by any changes to the Agreement made by using the Service after they
take effect. You must stop using the Service if you disagree with the
modifications.
This
Agreement and all responsibilities may be freely transferred or assigned by us.
The
paragraph titles in this Agreement are only for convenience and will not be
considered when interpreting this Agreement.
The remaining terms of this Agreement shall still be in full
force and effect if any provision is found to be void, unlawful, unenforceable,
or otherwise against the law by a court with appropriate jurisdiction.
To avoid misunderstanding, all provisions relating to
liability restrictions and indemnity shall remain in effect after this Agreement
expires or terminates.
In relation to this Agreement or any other part of the
Service, we may give you notices or other communications online or by emailing
the email address we have on file. The
date of receipt shall be deemed the date on which such notice is given.
Waiver and Severability.
The
failure of the Company to exercise or enforce any right or provision in these
Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, such provision shall be
enforced to the fullest extent of the law, and all other provisions shall
remain in full force and effect.
Contact Us
If you have any questions about these
Terms and Conditions, You can contact us:
By email: support@foojan.com
OR
By visiting this page on our website:
www.foojan.com/support
The 7-day free trial grants new users access to all premium features for a period of seven (7) calendar days from the date of registration. This trial period allows users to experience our service without any initial cost.
At the end of the 7-day free trial, the subscription will automatically renew to a paid subscription plan unless canceled prior to the expiration of the trial period. By starting the free trial, you authorize us to begin billing for the chosen subscription on the first day following the end of the trial period.
Users may cancel the 7-day free trial at any time before the trial period expires to avoid incurring charges. Cancellation can be completed by visiting the “Account Settings” page and selecting “Cancel Subscription.” Once canceled, access to premium features will continue until the end of the trial period, at which point the account will revert to the free version.
To activate the 7-day free trial, users may be required to provide valid payment information. No charges will be applied during the trial period. However, upon the trial's expiration, the subscription fee for the selected plan will be charged automatically unless the trial is canceled beforehand.