Terms of Use Agreement
Date of last revision: September 4, 2024
This terms of use agreement (“Agreement”) is between weLeap Labs, LLC dba humanStreams, a Colorado limited liability company (“we,” “us,” “our,” or “ourselves”) and the person or entity (“you” or “your”) that has decided to use our services; any of our websites or apps; or any features, products, graphics, text, images, photos, audio, video, location data, computer code, and all other forms of data and communications (collectively, “Services”).
By using the Services in any way, you agree to be bound by this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, posted at https://www.humanstreams.com/privacy and incorporated by reference herein, do not use the Services.
The terms of this Agreement are subject to change at any time. It is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of any changes.
I. Description of the Services
We aim to help you improve your emotional and mental wellbeing through a space and tools that promote self-reflection, expression, and enable support from your confidant network. This includes providing a space for you to reflect and express yourself, through writing, drawing, audio recording, pictures, videos, etc., and the ability to share those expressions for support and growth.
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II. Your Use of the Services
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Your Representations and Eligibility to Use Services
By registering and using the Services, you represent and warrant you: (i) have the authority and capacity to enter this Agreement; (ii) are either 18 years old or older, or you are 13 years or older if you are located in the U.S. or 16 years or older if located in the European Union and have the express permission of your parent or guardian to use the Services; and, (iii) are not precluded or restricted in any way from using the Services, either by law or due to previous suspension from the Services.
Truthfulness of Information
You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.
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Limited Use of Services
The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.
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You agree that our Services contain proprietary information and material that we own and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws.
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Our ownership extends to all content, features, and functionality on the website or app, and in our communications, that is protected or protectable under the law.
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You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement.
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In no way should your use of the Services be construed to diminish our intellectual property rights or be construed as a license or the ability to use the Services in any context other than as expressly permitted under this Agreement.
Permitted Activities
You may engage in the following activities:
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Express yourself: We provide spaces and tools for reflection and expression, including through the written word, drawings, photos, web links, audio and video recordings, etc.;
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Share and support: Share and receive reflections and expressions (what we call “streams”) with and from your confidants, and support each other; and,
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Read and engage with our content, including our curated stories, prompts and practices created to facilitate reflection, inspire thought, and promote social health.
Prohibited Activities
You shall not engage in the following activities:
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Reproduce any portion of the Services in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by our authorized agent;
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Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way;
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Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same;
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Use the Services to harass or denigrate other users;
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Use the Services to propagate any false or misleading information;
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Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
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Access another’s account without the permission of us or that person;
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Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
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Spam any comments section with offers of goods and services, or inappropriate messages;
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Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services;
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Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; and,
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Solicit passwords or personal identifying information for commercial or unlawful purposes from others or disseminate another person’s personal information without that person’s permission.
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III. Licenses and Subscriptions
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This section provides terms related to the Services that are only available with a paid subscription (“humanStreams Premium”), which include additional, premium features of the humanStreams app.
Free Trial
You can access a free trial period of humanStreams Premium (“Free Trial”). You are only allowed one Free Trial and we reserve the right to determine eligibility for Free Trials, which may vary based on factors including whether you have redeemed a Free Trial previously.
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Automatically Renewing Subscriptions
You may access humanStreams Premium via a subscription, fee-based program (“Recurring Subscription”). Recurring Subscriptions may be available via monthly, multi-month or annual options (“Subscription Term”). Recurring Subscriptions will automatically renew for another Subscription Term unless canceled. If you cancel your Recurring Subscription during the Subscription Term, you will continue to have access to humanStreams Premium until the end of the Subscription Term. You authorize us to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, until cancelled.
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Refunds
Purchases are final and we will not provide refunds. Cancellations made during a Subscription Term will not result in any partial refund. Purchases made through the Apple App Store, Google Play or any other third-party provider will be subject to the policies of those providers.
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IV. Disclaimers, Waivers, and Indemnification
Appropriateness of Use/Content
Our services are to be used to improve emotional and mental wellbeing through free expression and utilization of a support network. Our services, including but not limited to, text, graphics, images and other material contained within the Services are for informational purposes only. No material on this site is intended to be a substitute for professional therapy or medical advice, diagnosis, or treatment. You agree here that you will not use or rely on our Services for that purpose. Always seek the advice of a professional with any questions you may have regarding mental health questions, issues, or treatment. Never disregard professional medical advice or delay in seeking it based upon any information you obtain through our Services. You agree not to hold us liable for, and waive any claim based upon, your use or misuse of the Services.
No Guarantees, Endorsements, or Investigation
We do not provide any guarantees or endorsements of any third-party or user, or their content or links, provided through the Services. We do not investigate or otherwise review any user or third-party or their content. You accept all risks associated with user and third-party content. You agree not to hold us liable for any conduct or content of third parties or other user.
Disclaimer of Warranties
All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not make any warranty that access to the Services will be uninterrupted, secure, complete, error free, or meet your particular requirements.
Waiver of Liability
You waive any liability of or claims against us for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of or associated with using the Services. You waive any claim or liability stemming from our negligence.
Where our Services incorporate or utilize any information, software, or content of a third party, you waive any liability or claim against us based upon that information, software, or content—including based upon the negligence of that third party.
Scope of Waiver
You understand and agree the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed.
California-Specific Waiver and Notices
You understand and agree the above waiver includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The following notice is for California users: Pursuant to California Civil Code Section 1789.3: If you have a question or complaint about us, our products, or our Services please contact us at support@humanstreams.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
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Indemnification
If we are subject to a complaint, a demand, mediation, arbitration, litigation, or other pursuit based upon your conduct relating to or from use of our Services, you agree to defend, indemnify, and hold us harmless for all costs, expenses, and fees (including attorneys’ fees by the attorneys of our choice) we expend in defending ourselves against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, your violation of this Agreement; your use of the Services and any consequence that produces; your use of intellectual property on or through the Services; and, any such actions performed by your agent or representative, or at your direction. You agree to indemnify us as soon as we incur the costs, expenses, and fees, whether those are billed by event, or in week, month, or some other interval.
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V. Limitation of Services and Termination
Right to Remove Content
We reserve an unrestricted right to remove content at any time without advanced notice. Nonetheless, we are not responsible for any third-party content and make no commitment or assurances that we will remove, monitor, or assess any specific third-party content, regardless of its content or character.
Right and Grounds to Terminate Access
To protect us and our users, we reserve an unrestricted right to refuse, terminate, block, or cancel your application to, account with, or access to the Services at any time, with or without cause. You acknowledge here that you have no right: to use of the Services should we terminate or suspend your account. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):
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You violating any of the provisions of this Agreement;
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You hindering or interfering with us in providing our Services;
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You making misrepresentations, lying, or deceiving us; and,
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You using the Services in violation of: any international, federal, state, or local law; or applicable regulation, rule, or order by any regulatory, governing, or private authority, or a court of competent jurisdiction.
No Right to Services or Content
You neither possess nor retain any ownership of or rights to the Services, regardless of who generated the content. Upon termination, you have no right to access, retain, or have returned any such information.
Grant of License to User-Generated Content
You hereby grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, publish, translate and distribute any content that you submit in any form through our Services to other users. You grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. If you choose to terminate your use of the Services, your submitted content as contained through your account will be deleted.
By submitting content, you understand that other users could use, copy, repost, or otherwise disseminate your content and you waive any claim against us for such actions of another user or third party.
Survival
After termination, we retain all rights to content as specified in this Agreement. Sections II, V, and VI of this Agreement survive after termination.
VI. General Provisions
DMCA Violations
If you believe any of our content infringes on your copyright, you may request removal by contacting the following address: support@humanstreams.com. We will respond to all requests promptly and to the best of our ability.
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Successors and Assignees
We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement.
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You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with us. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.
Arbitration
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. You understand and accept that, by agreeing to arbitration, you are foregoing your access to a trial by jury.
Limitation of Liability
To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages. In no event shall our liability under this Agreement exceed the total amount of money paid to us by you under any subscription or fees for our Services.
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Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. You agree to waive the following defenses to any action brought in Colorado: and lack of personal jurisdiction.
Waiver
If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.
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Severability
If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, you agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.
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Understanding of Agreement
You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.
Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between us, and supersedes all prior agreements, representations, and understandings, oral or written, between us.