TERMS AND CONDITIONS

Effective Date: January 10, 2010
Last Revised: February 2, 2022 

 Introduction
This Terms of Service Agreement (the “Agreement”) is between you and Appy Therapy, LLC (“Appy Therapy,” “us” or “we”). The Agreement, together with our Privacy Policy, describes your rights and obligations when using the Appy Therapy product via our website (“Website”), our mobile applications (“Mobile Apps”) and any other associated products, services, or content (collectively, the “Service”). By registering for an account on, or otherwise accessing or using the Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” and “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept the Agreement and may not use the Service.

You must be at least 18 years old to consent to this Agreement. If you are under the age of 18, you must have your parent or legal guardian create an account and review and agree to the Agreement on your behalf.

In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age.

Refunds
Given the digital nature of this product, no returns or refunds can be issued.

License Granted to You
As long as you abide by the terms in this Agreement, Appy Therapy grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable, revocable license (the “License”) to access and use the Service and to use and modify for your own non-commercial purposes the Appy Therapy Content (described below), solely in accordance with this Agreement and our Privacy Policy.  The License granted to you shall be revocable by Appy Therapy for cause.  Cause shall include, but is not limited to, the following: (a) future discontinuation of the Service by Appy Therapy, (b) the winding up and dissolution of Appy Therapy’s affairs, (c) Appy Therapy is subject to acquisition by or merger with a third party that elects to discontinue any of Appy Therapy’s product offerings or business activities, and (d) violations of the User Conduct policy. If the License is revoked for cause, your access to the Service will expire immediately and you shall not be entitled to the return of any subscription fees or one-time fees paid to Appy Therapy for Purchase Content (as defined below).

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, the Apps, the Services or the Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Appy Therapy LLC or its licensors, except for the licenses and rights expressly granted in these.

License Granted by You
In exchange for providing the Service, you grant to us a limited, nonexclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and right and license to (a) use, copy, store, distribute, publicly perform and display, modify information that is collected through the Service as necessary to provide, improve and make the Service available to you and other users, (b) use and disclose analytics regarding information in aggregate or other non-personally identifying manner, (c) use information that has been de-identified for any product development, research or other purpose; and (d) use for other purposes permitted by our Privacy Policy. 

User Conduct
You agree that you are responsible for your own use of the Service. You agree that you will use the Service in compliance with this Agreement, our Privacy Policy, and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws. To keep the Service safe and fair for all to use, you agree not to a. Use the Service in a way that infringes upon or misappropriates intellectual property rights of Appy Therapy or others; b. Use the Service for advertising or any form of commercial solicitation; c. Use the Platform in any manner intended to damage, disable, overburden or impair any part of the Service or the computer equipment or network(s) connected to the Platform or to disrupt or interfere with any Program or any other user’s use and enjoyment of the Platform; d. Attempt to gain unauthorized access to the Service, other user accounts, computer equipment or networks connected to the Service through hacking, password mining or any other means; e. Obtain or attempt to obtain material on the Service that Appy Therapy has not made available to you. f. Copy or use any portion of the Service other than as expressly allowed under the Agreement; g. Use any high volume, automated, or electronic means to access the Service (including without limitation robots, spiders or scripts); h. frame the Service, place pop-up windows over its pages, or otherwise affect the display of its pages; or i. Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Service. Any violation of these or any other terms of this Agreement may result in your account being suspended or terminated and the revocation of the License granted to you pursuant to this agreement.

Services and Content Use Restrictions

You agree that you will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to us, the Services, including any specific functionalities of our products and/or services, or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right; (ii) You and Student shall not disparage Company’s performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Company or Company’s employees. (iii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, including any specific functionalities of our products and/or services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so; (iv) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services; (v) access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders); (vi) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vii) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services, any specific functionalities of our products and/or services, or its Content; (viii) use the Services for commercial or political purposes; (ix) disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or (x) otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so.

Content You Submit

We may allow the posting, submission, or distribution of artwork or other content created by users (“User-Generated Content”) on or through the Services. All rights to User-Generated Content, including all intellectual property rights, shall remain the exclusive property of the user. By posting, submitting, or distributing User-Generated Content on or through the Services, you grant us a limited, non-exclusive license to use, copy, distribute, display, transmit, and publish such User-Generated Content for the purposes specified in these Terms, the posted Privacy Policy, and any Additional Terms, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised. You consent to our publication of User-Generated Content generated through your account by any Child Users so long as the publication cannot be used to particularly identify such Child Users. In addition, if you are an Adult, you consent to the publication of information that can be used to identify you in conjunction with User-Generated Content. For example, we may display User-Generated Content submitted in response to contests and sweepstakes or publish any testimonials you send to us along with your name and other information you submit.

Company shall have full, exclusive and complete intellectual property rights to all of the recorded videos. Company agrees to strictly keep your and your Student’s information confidential. Without your clear written consent in prior, the Company shall not make commercial or marketing use of the information including the portraits of you or your Student or the information indicating the identity of you or your Student. Only if any of the following events occurs, Company can reasonably make use of your information including portraits, name or other personal information without prior consent of you or payment to you (1) The portrait right, name right and other civil legal rights of you and your Student have been clearly waived; (2) the information is used for the purpose of internal use subject to your consent to Company Privacy Policy.

Passwords and Payments

Passwords and Account Access. Every Account has one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree (a) that you will provide complete and accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up-to-date, (b) that you are solely responsible for all activities that occur under your Account, (c) to notify us immediately of any unauthorized Account use, (d) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password, and (e) that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible user has created an Account, we may seek confirmation of the user’s status or deactivate the Account.

Account Fees. For certain types of Accounts, we may charge a fee, such as an Account fee or subscription fee. For existing subscribers, we may change your fee at the end of your subscription period. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.

Subscription Renewal. By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the “Subscription Cancellation” section below. We will charge your credit card each year, month, or other applicable period for the applicable price.

Subscription Cancellation. Unless you purchased your subscription through Apple’s iTunes App Store, to cancel your subscription and avoid future billing, you may cancel your Account prior to its renewal date through the My Account section or by contacting us. If you do so, please know that we endeavor to have customer requests handled within 24 hours; however, we cannot guarantee that your cancellation will be registered within that time period. We will honor all cancellations received before the renewal date, outside of iTunes App Store subscriptions. If you downloaded our app through Apple’s iTunes App Store, you must follow the cancellation instructions provided in the iTunes App Store. For all Accounts, you will continue to have access to your Account for the period that has already been prepaid. If you activated a paid Account at a discounted or promotional rate, chose to pay in installments, and then canceled that Account prior to all the installments having been paid, the period of time after the cancellation that your Account will continue to be accessible will be calculated based on the non-promotional/non-discounted rate in effect at the time of cancellation. After you cancel your Account, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid.

Disclaimer of Warranty

APPY THERAPY LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE OR BE AVIALABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICES OR ANY SERVERS USED BY THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, YOU ARE SOLELY RESPONSIBLE FOR SUCH COSTS AND APPY THERAPY LLC SHALL NOT BE LIABLE FOR SUCH COSTS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. APPY THERAPY LLC MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE SERVICES OR WITH REGARD TO THE PRODUCTS. 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL APPY THERAPY LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APPY THERAPY LLC  IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL APPY THERAPY LLC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO APPY THERAPY LLC FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APPY THERAPY LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 Indemnity

You agree to defend, indemnify, and hold harmless Appy Therapy, its officers, directors, employees, successors, and service providers from and against all third party claims, actions, fines, losses, expenses, damages, and costs, fines or proceedings including, without limitation, reasonable legal fees, arising or resulting from your intentional and willful breach of this Agreement or your unauthorized use or misuse of the Service, including infringement of a third party’s intellectual property rights.  

Each Educational Institution shall also indemnify and hold Appy Therapy LLC harmless from any and all claims that arise from (i) failure to use our Services as intended or (ii) failure to comply with the Child Online Privacy Protection Act of 1998 (COPPA), the Family Educational Rights and Privacy Act (FERPA) or any applicable law.

Access, Change, or Delete Personal Information
Users can review account information via the “My Account” page on the Service. You may change your password. If you would like to change any other account information, or would like to delete your account, please contact us at [email protected] Please remember that if we delete your account, you will lose access to all content associated with your account. We may still store user personal information in our records if our retention policies require it, we need to retain information for internal business purposes, or deletion is technically infeasible.

Dispute resolution
We believe that any disputes we may have can be resolved between us. However, if we cannot resolve a dispute amicably, both parties agree to have the dispute resolved by final and binding arbitration. Arbitration will be subject to the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) and conducted by one arbitrator. The arbitration will be governed by the Commercial Arbitration Rules, as modified by this Agreement and by the Supplementary Procedures for Consumer Related Disputes, if applicable. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.

Please note: You are waiving your right to sue Appy Therapy in court. The dispute will be resolved by a neutral arbitrator and not by a judge or a jury. The arbitration process is simpler than a court proceeding.  An award in arbitration is as enforceable as a court order and is subject to very limited review. 
This arbitration provision applies to all disputes, including all claims arising out of or relating to any aspect of this Agreement, our Privacy Policy or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If you can demonstrate that the costs or arbitration will be prohibitive as compared to costs of litigation, Appy Therapy will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Appy Therapy also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration.
You and Appy Therapy agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both we both agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If these arbitration provisions are deemed unenforceable, then the entirety of this section shall be null and void and the parties agree that the exclusive jurisdiction and venue in Rockville, Maryland shall govern any action arising out of or related to these Terms. If the class proceeding waiver is deemed unenforceable, then the arbitration provisions as whole shall be deemed unenforceable.

General Provisions

Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts, Downloads and Content, at any time, without notice, for any reason and without any obligation to you or any third party. If we have reasonable grounds to suspect that you are in violation of these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.

International Issues. The Service is operated in the U.S.A. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. 

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Appy Therapy LLC’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Appy Therapy LLC may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

No Waiver. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Appy Therapy LLC.

Updates to Terms. We reserve the right to revise these Terms at any time, at its sole discretion and with or without notice. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions.

Survival. In the event of any termination of these Terms, whether by you or the Company, the following Sections will continue in full force and effect: Content You Submit, including but not limited to the Company’s right to use Your Content, Services and Content Use Restrictions, Linking to and from Our Services, Governing Law; including Arbitration and Dispute Resolution, Disclaimer of Representations and Warranties, Limitations of Liability, Indemnity, Infringement Policy and Reporting Procedure, Submission of Feedback, and General Provisions.

Entire Agreement. These Terms constitute the entire agreement and understanding between Company concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by using any other document(s), unless otherwise agreed to in a written agreement signed by you and Company. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, these Terms shall take precedence.

Contact Us. If you have any questions or concerns with respect to these Terms or the Services, you may email Cheryl Bregman ([email protected]).

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