App Reference:
Any references to “the app” in this terms sheet pertain to “Cue Wellness-FZCO,” the company behind the platform. This designation encompasses all sections, features, and services provided through the Cue Platform, designed to support clients in their personal development journey.
Profile Reference (join as):
Client Entry: Individuals seeking personal development. Coach Entry: Individuals offering coaching and guidance. Event Organizer Entry: Individuals, groups or companies looking to promote their events. Product Company Entry: Individuals, groups or companies looking to display wellness products.
Definitions:
Clients: Users seeking personal growth and development. An individual user of this group is referred to as a "client." Coaches: Users offering guidance, support, and mentorship to clients on the app. A coach can also serve as a consultant, providing specialized advice and strategies tailored to individual needs. An individual user of this group is referred to as a "coach." Event Organizers: Users promoting their events, products, or services on the app. An individual user of this group is referred to as an "event organizer." Product Companies: Users promoting goods or products in the shop section on the app. An individual user of this group is referred to as a "product company." Users: A collective term encompassing all types of individuals or entities utilizing the app. An individual user of this group is referred to as a "user."
Features Reference:
Awareness Section: A self-discovery experience with questionnaires, meanings, and guides. Connection Section: Directory of coaches offering advice and tailored support. Reflection Section: Journey of meditation sessions and structured exercises. Journal Section: Tool for self-expression, self-reflection, and goal tracking. Events Section: Designed for promoting events. Shop Section: Recommendation of wellness products. Virtual Sessions: Coaching or consultation sessions (meetings) conducted online through calls, or chat services on the app, allowing for flexibility and convenience regardless of geographical location. In-Person Sessions: Face-to-face coaching or consultation sessions (meetings), providing direct interaction and a more personal connection. Chat Section: Communication tool between clients, coaches, event organizers, product companies, and app management. Enabling users to ask questions, share updates, and receive feedback.
Purpose of App:
The purpose of this app is to promote "personal development" by providing users with a comprehensive wellness platform.
Business Registration for Product Companies:
The app primarily features product companies, while clients, coaches and event organizers are welcome to showcase wellness products as well. However, it is important to note that all product companies represented must be registered entities within their respective countries of operation to ensure compliance with local laws and regulations and to possess all necessary certifications. Additionally, please be aware that the app does not engage in direct sales; it serves solely as a platform for recommendations.
Clients, Coaches, Event Organizers Signing into the Product Company Section:
When signing into the product company section, clients, coaches or event organizers should note that they will be classified as a product company, even if they do not own or possess a registered company. Consequently, they are expected to comply with the same rules and regulations that govern product companies as outlined in this terms sheet.
Account Protection:
The product company is responsible for maintaining the security of their account credentials, including username and password. They must ensure that their password is strong and unique, avoiding sharing their login information with anyone.
Password Management:
The product company is encouraged to change their password regularly. In the event of a suspected security breach, they should change their password immediately and notify the app management.
Unauthorized Access:
The product company must notify the app management immediately if they suspect any unauthorized use of their account or any other breach of security. The app management will take appropriate action to investigate and address any reported issues.
Account Recovery:
In cases where the product company forgets their password or is unable to access their account, they can email us at support@cuewellness.net
Security Measures:
The app employs various security measures to protect product company data, including encryption and secure server environments with firewalls. However, the product company acknowledges that no security system is completely foolproof, and they share responsibility for their account security.
Rating and Testimonials:
After a user buys a product from the recommended web page, users can provide a rating and submit a testimonial regarding their experience. Ratings follow a 5-point scale, with 5 points representing an excellent product experience and 1 point reflecting a poor experience.
Conduct:
Product companies must engage respectfully within the community and refrain from disruptive behavior. Violations may lead to corrective actions, including warnings, temporary suspension of features, or permanent removal from the app.
Engagement:
Product companies engagement within the app is vital for creating a dynamic and effective product experience. This includes actively participating in the event organizer section by hosting product events on the app, setting clear goals, being responsive to clients' needs, and maintaining open lines of communication. This is an added feature that the product companies should utilize to maximize their visibility.
Cultural Sensitivity:
Product companies are encouraged to acknowledge and respect the diverse backgrounds, beliefs, and practices of clients and other users within the app. Product companies are also reminded to be mindful of cultural differences that may influence communication styles, learning preferences, and personal values, especially in group settings. Understanding and embracing this diversity can enhance the shop experience, foster inclusivity, and promote a supportive environment for all users.
Time Commitment:
A committed time investment from product companies is vital for creating a successful experience. Product companies should set aside adequate time for posting events on the app and enhancing the shopping experience on their respective websites.
Commitment Level:
Product companies are required to host wellness products (links) on the app that resonate with its clients and users. This strategy helps focus on offering products that align with the lifestyles and preferences of the app users. Additionally, the app management will work closely with the product company to assist in selecting these products. By collaborating in this way, it enhances user satisfaction, drives engagement, and ultimately improves sales.
Emotional Impact:
Product companies should be aware that by offering their products to the app users, may trigger a range of emotional responses. While the app aims to foster personal growth and well-being, it is crucial to acknowledge that these emotional experiences are a natural part of the self-discovery and personal development journey. Users may encounter difficult feelings or insights along the way. Consequently, the app encourages its users to seek assistance from licensed health professionals or medical practitioners in such cases, ensuring they receive the appropriate care and guidance from the right authorities.
Addiction Warning:
Product companies are advised to be mindful of their usage patterns and to recognize the potential for over-reliance or addiction to the app's features and content. While the app is designed to promote personal growth and well-being, excessive use may lead to negative impacts on daily life, relationships, and overall mental health. Product companies are encouraged to maintain a balanced approach to their engagement with the app and to set healthy boundaries regarding screen time and usage frequency. If product companies feel that their engagement with the app is becoming compulsive or interfering with their daily responsibilities, it is recommended that they seek guidance from licensed health professionals or medical practitioners, ensuring they receive the appropriate care and guidance from the right authorities.
Product Company Agreement:
By accessing the product company section and utilizing the services provided by the app, the product company expressly acknowledges and agrees to be bound by the terms and services outlined herein. This agreement constitutes a legally binding contract between the product company and the app. Additionally, clients, coaches, or event organizers may access the product company section to promote their own goods or goods of other product companies. In these cases, they will be subject to the same terms and conditions outlined in this terms sheet.
Registration Process and Profile Building:
The app registration process for the product company consists of several key steps. First, the product company provides essential information: join as (product company), their brand name, account user name (who in the company will be handling this account), mobile number, email, and a secure password. Next, they review the terms and conditions and must click "agree". Following this, the product company is prompted to verify their mobile number by entering a confirmation code sent via SMS to validate their identity. After successfully confirming their identity, the product company must also click "agree" to confirm they possess the necessary certifications and licenses. Once this is completed, the verification process begins. If the verification is approved, the product company will be granted access to the shop section of the app. If they fail the verification, the product company will be informed and may receive advice on how to reapply. Note: if for any reason the product company does not agree to the terms and conditions and fails to click the acceptance box, they will be unable to complete the registration process and will not have access to the app.
Terms Acceptance:
By being granted access to be featured on the app, the product company agrees to comply with the established terms in this sheet and the guidelines page governing their professional conduct, responsibilities, and interactions with clients or users, and app management, ensuring a mutual understanding and commitment to a positive shop experience.
Shop Section Overview:
The "shop section" features the most recommended wellness product companies, providing clients and users with a curated selection of reputable products focused on health and well-being. Clients and users can explore various brands and directly purchase their favorite products by being redirected to the companies' websites through the app. The experience is designed to empower clients and users to make informed choices and invest in products that support their wellness goals.
Creating the Product Page:
Once a product company gains access to their dashboard, click on "create" which will prompt a form to appear. In this form, the product company must provide several details, including the product name, brand name, category selection, web page link, product description, and an image upload. It is essential that all fields are completed to ensure the product is properly listed.
Unique Code:
The product company will issue a "unique code" either to the app, client, coach, or event organizer which includes any available offers or discounts. This code can be applied on the product company's website during the purchasing process. Users should enter the code at checkout to receive the applicable discount on their order, if a discount offer is available, as there may be instances when no discount applies. The code will be prominently displayed on every page featured by the product company, client, coach or event organizer. Additionally, the product company is responsible for managing the duration of the offer or discount and must promptly communicate to the app, clients, or coaches when the offer period has expired.
Product Agreement Terms Page:
Every product company is required to fill in the "product agreement terms" page provided by the app, which outlines their terms and conditions (rules governing their services) and includes the following policies, for example: health and safety guidelines, intellectual property rights, liability waiver, dispute resolution procedures, emergency protocols, product cancellation or logistic issue policies, force majeure clause, any insurance requirements, confidentiality clause (ensuring the confidentiality of client information), a code of conduct (establishing expectations for behavior and professionalism), certifications and licenses (providing information about the product companies background, certifications, experience, and compliance with the relevant authorities), amendments clause (to state how changes to terms and conditions can be made and communicated), etc. Once the information is submitted, the product company will need to wait for the app management to complete a verification and vetting process. Following which, each client will receive this page upon clicking "chat with product company". This document is vital as it provides clear information from the start, reducing the need for extensive back-and-forth communication about common questions and concerns. Moreover, this document acts as a formal agreement between the product company and the client, serving as a reference point in the event of any conflicts.
Product Company Certifications, Licenses:
The app is committed to maintaining a high standard of product company shop experience delivery by implementing a vetting process for the product company. The product company is expected to possess the necessary certifications and licenses relevant to their specific industry and as per local laws and standards. Additionally, the product company is required to click "agree" during the enrollment process, confirming they hold all the required certifications and licenses before their enrollment is finalized. This ensures that clients and users receive guidance from product companies with the knowledge needed to effectively support their personal development.
Product Company Limitations:
Despite the emphasis on certifications and licensing, it is important to clarify that there are limitations to the product companies offerings. Clients and users should be made to understand by the product companies that while purchasing of their products from their respective websites may lead to substantial personal growth, specific outcomes cannot be guaranteed. Furthermore, while the product company may provide valuable support in various aspects of their experience, they should not be considered substitutes for licensed health professional products or medical practitioner products. The product company should encourage clients and users to seek professional assistance for any issues requiring specialized attention products, underscoring the importance of understanding their participation in such offerings.
Guideline Page:
The app includes a dedicated "guideline page" for each section, providing product companies, clients and users, with clear instructions and explanations on how to effectively utilize the available features. After the initial display, the page will vanish but remain accessible in the "product company profile section" for future reference. Additionally, the page will be updated as needed to reflect any significant changes or updates to features, ensuring that product companies have access to the most up-to-date information. It is the product companies responsibility to check the page from time to time for any updates.
Voluntary Participation:
This underscores that the product company engages with the apps shop section of their own free will. It affirms that participation in the product company section is entirely optional, granting the product company the right to choose whether or not to take part. This clause emphasizes the importance of informed consent, ensuring that the product company understands they are not obligated to participate in any aspect of the app if they do not wish to do so.
Responsibility:
The product company is accountable for their own actions and decisions based on the information outlined in this terms sheet and the guideline pages. The product company should also note that all content provided by the app is intended for informational purposes only and should be utilized at their own discretion.
Product Company Pricing:
The product company has the flexibility to set their own product pricing as displayed on their own website. While the app clients or users cannot purchase products directly through the app, they can do so through links provided by the product companies, ensuring that purchases are made directly on the product company's website.
Commission Fee Agreement:
The established commission structure is as follows: Product companies take 80%, while the app retains a 20% commission. This arrangement ensures a mutual understanding between the product companies and the app, fostering a fair and sustainable partnership. This commission structure will remain in effect until the app management decides otherwise, ensuring both parties are aware of their financial arrangements. The app charges this commission to cover various operational costs associated with maintaining the platform. These costs include hosting fees for the product companies, communication features such as calls and chat, providing exposure to potential clients, managing tax obligations, maintaining cloud hosting space, payment processing, and the ongoing development and maintenance of the app. Note: Since the app does not charge any entry fees or recurring management monthly or yearly fees, only implementing a commission solely based on the business generated, it’s important for the product companies to understand the implications of this structure. This approach supports the product companies' growth as well as the app's growth, ensuring a fair framework for both to succeed.
Payment Terms:
Since the apps clients or users purchase products from the product company's website, the product company must maintain accurate records with the respective unique codes and issue payments for the agreed-upon commission to the app on a monthly basis. Before any transfer occurs, the app management will first review the transactions with the product company to ensure everything is in order. If all is satisfactory, the payment will be processed. However, if there are discrepancies, the team will investigate the issue and may temporarily disable the product company's feature on the app until the matter is resolved. Note: In the event there are consistent issues with payments, or improper recording of transactions and codes by the product companies, the app reserves the right to temporarily disable the product company's feature on the app, or permanently remove the product company from the platform. Ultimately, the specific consequences of actions taken in response to such issues will be assessed on a case-by-case basis by the app management, ensuring a fair and comprehensive review of each situation.
Client Refund Policy:
Since the app does not allow its clients or users to make purchases directly through the app, the app is not responsible for issuing refunds. This policy is determined by the product company; therefore, it is essential that this policy is clearly stated in the "product agreement terms" page so that clients or users are made aware of it.
Client Cancellation Policy:
Since the app does not allow its clients or users to make purchases directly through the app, the app is not responsible for product cancellations. This policy is established by the product company; therefore, it is essential that this policy is clearly stated in the "product agreement terms" page to ensure that clients or users are made aware of it.
Logistics Policy:
Since the app does not allow its clients or users to make purchases directly through the app, the app is not responsible for product logistics. This policy is established by the product company; therefore, it is essential that this policy is clearly stated in the "product agreement terms" page to ensure that clients or users are made aware of it.
Content Accuracy:
Product companies are advised to critically assess the information provided by the app, as the app does not guarantee the completeness or accuracy of its content. The app may update content periodically and product companies should verify the information independently.
Content Moderation:
The app reserves the right to monitor, filter, and, if deemed necessary, remove any content that is considered inappropriate, offensive, or in violation of the guidelines or agreements provided. Product companies acknowledge that while the app endeavors to implement robust moderation mechanisms to uphold community standards, the vastness of user-generated content may pose inherent challenges in identifying and addressing every instance of non-compliance. Consequently, product companies and users are encouraged to report any content they believe contravenes these guidelines. The app is committed to taking prompt and appropriate action in response to such reports, thereby fostering a safe and respectful community.
Community Standards:
Respectful Communication: Product companies are expected to engage in respectful and constructive dialogue, avoiding hate speech, harassment, or personal attacks. Inclusivity: The community should be welcoming and inclusive, embracing diversity in backgrounds, perspectives, and experiences. Privacy and Confidentiality: Product companies must respect the privacy of clients and refrain from sharing personal information without consent. Constructive Feedback: Encourage sharing feedback in a positive and constructive manner, aimed at fostering growth and improvement. Relevance to the Community: Contributions should be relevant to the community's purpose and goals, ensuring discussions remain focused and valuable. No Spam or Self-Promotion: Product companies should refrain from posting spam, irrelevant links, or excessive self-promotion that detracts from meaningful interactions. Compliance with Laws: Product companies must adhere to the applicable laws and regulations of the location where they are registered in, ensuring that their conduct is legal and ethical. Reporting Violations: The app encourages product companies to report any behavior that violates community standards, helping to maintain a safe and respectful environment. Accountability: Product companies should take responsibility for their actions and contributions, promoting a culture of accountability within the community.
User-Generated Content:
Product companies have the right to create and share their own content through the app, including messages, comments, and any materials presented during virtual meetings or within the chat feature. By submitting or sharing user-generated content, product companies grant the app a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute their content to provide and improve the service. Product companies are responsible for ensuring that their content does not violate any third-party rights, including intellectual property rights, privacy rights, or any applicable laws. The app reserves the right to review, monitor, and remove any user-generated content from both virtual meetings and the chat that is deemed inappropriate, offensive, or in violation of these terms. While product companies retain ownership of their content, they acknowledge that the app may use it to enhance user experience, conduct analyses, and promote the app. This includes the analysis of chat content for trends and improvements.
Service Level Agreement (SLA):
This service level agreement delineates the commitments and standards of service that the app endeavors to uphold in the provision of its features and services. The app aims to provide high-quality features and services in a timely and efficient manner; however, it makes no guarantees regarding the achievement of specific levels of performance or uptime. Service Availability: The app will strive to maintain service availability of 99% during standard operational hours, excluding scheduled maintenance and circumstances beyond the apps control, such as force majeure events, technical failures, or disruptions in third-party services. Response Times: The app will endeavor to respond via the chat feature to product company inquiries and support requests within a reasonable timeframe, typically within 24 to 48 hours. However, response times may vary based on the volume of requests and the nature of the inquiry. Maintenance and Downtime: The app reserves the right to perform scheduled maintenance and updates to the features and services. Product companies will be notified in advance of such maintenance, whenever feasible. The app shall not be liable for any disruptions or service unavailability resulting from maintenance activities or unforeseen technical issues. Product Company Responsibilities: Product companies are expected to maintain their account information accurately and to communicate any issues or concerns promptly. Failure to do so may impact the app's ability to provide timely support or resolution of issues. Limitations: This SLA does not constitute a warranty or guarantee of service performance. The app shall not be held liable for any direct, indirect, incidental, or consequential damages arising from the failure to meet the specified service levels.
Product Company Support:
The app is committed to providing exceptional support to all product companies. If you encounter any issues, have questions, or require assistance, our support team is readily available to help. Addtionally, each section within the app includes its own guideline page, offering information on effectively using and navigating those functionalities to enhance your experience. Product companies can contact management anytime through the management chat feature for direct communication, ensuring that both inquiries and urgent matters are addressed promptly. We value your feedback and appreciate any thoughts you wish to share, as your input helps us improve our services to better meet your needs.
Notification Policy:
The app may send notifications to product companies to enhance their experience and keep them informed about important updates, features, promotions, and other relevant information. Notifications may be delivered through various channels, including push notifications, chat, or email. By using the app, product companies acknowledge and consent to receive notifications as described in this policy. We encourage product companies to periodically review their notification settings to ensure they align with their preferences. Your engagement is important to us, and we aim to provide timely and relevant information to enhance your experience.
Service Interruptions:
The app may experience occasional service interruptions due to factors beyond its control, including but not limited to technical issues, maintenance, or internet connectivity problems. Product companies acknowledge that the app is not liable for any disruptions in service, and it does not guarantee continuous availability or uninterrupted access to its features. Product companies are encouraged to be patient during such interruptions and to check for updates or notifications regarding service status.
Technical Issues:
Reporting Issues: Product companies are encouraged to report any technical issues they encounter while using the app. Reports can be submitted through the management chat support provided within the app. Response Time: The app management will make reasonable efforts to address reported technical issues in a timely manner. However, the app management does not guarantee the resolution of all issues, nor does it warrant that the app will be free from interruptions or errors. Limitation of Liability: To the fullest extent permitted by law, the app management shall not be liable for any direct or indirect damages resulting from technical issues, including but not limited to loss of data, loss of access to the app, or any other losses that may arise from such issues. Maintenance and Updates: The app management reserves the right to perform scheduled maintenance, updates, or modifications to the app, which may temporarily affect its availability. Product companies will be notified in advance of any scheduled downtime whenever possible. Product Company Responsibility: Product companies are responsible for ensuring that their devices and internet connections are compatible with the app and that they maintain appropriate security measures to protect against technical issues that may arise from their own systems. Acknowledgment of Technical Issues: Product companies acknowledge that the app may experience technical issues, including but not limited to server outages, software bugs, or connectivity problems that may affect the availability or functionality of the app. By using the app, product companies agree to this technical issues policy and acknowledge the inherent risks associated with technology-based services.
App Suspension of Account:
The app reserves the right to suspend services at any time and for any reason, including but not limited to violations of community guidelines, terms of service, or applicable laws. This right may be exercised without prior notice, ensuring that the app can take immediate action to protect its users and maintain the integrity of its platform. In the event of account suspension, product companies will lose access to their accounts, features, and any content associated with their use of the app. Product companies are encouraged to review and adhere to all community guidelines and terms of service to avoid potential disruptions. Additionally, the app is not obligated to retain any data or provide any backup following account suspension.
App Termination of Account:
The app reserves the right to terminate a product companies account at any time, with or without cause, and without prior notice. Account termination may occur for reasons including, but not limited to, violations of community guidelines, terms of service, or any behavior deemed harmful to the app or its users. In the event of account termination, product companies will lose access to their accounts, features, and any content associated with their use of the app. Any pending payments may be held back and may be forfeited depending on the severity of the issue or damage caused to the app or its users. Product companies are encouraged to review and adhere to all community guidelines and terms of service to avoid potential disruptions. Additionally, the app is not obligated to retain any data following account termination.
Product Companies' Right to Uninstall:
Product companies have the right to uninstall the app at any time and for any reason. This voluntary action allows product companies to temporarily discontinue their participation from the platform. To initiate the uninstall process, product companies are advised to first reach out to management through the management chat for assistance. This communication is essential to address any outstanding issues, such as any payments or existing commitments. Neglecting to consult with management prior to withdrawing their account may lead to the forfeiture of any outstanding payments or refunds. Upon uninstallation, product companies will not lose access to all features and services provided by the app, as well as any content, data or information associated with their account.
Product Companies' Deletion of Account:
Product companies have the right to delete their account at any time and for any reason. This voluntary action allows product companies to permanently remove their profile and all associated data from the app. To initiate the account deletion process, product companies are strongly advised to first reach out to management through the management chat for assistance. This communication is essential to address any outstanding issues, such as pending payments or refunds or existing coach or event commitments. Neglecting to consult with management prior to deleting their account may lead to the forfeiture of any outstanding payments or refunds. Additionally, the app may need to withhold payments or refunds due to unresolved coach or event commitments or concerns regarding the client's accountability to their coaches or event organziers. Clients may also be required to confirm their decision to delete their account to ensure that the action is intentional and secure. Upon account deletion, clients will lose access to all features and services provided by the app, as well as any content, data, or information associated with their account. However, clients will be able to backup their journal content by dowloading it, a popup will appear when the client deletes the app and the client can use this opportunity to download their journal.
Intellectual Property Rights:
All design, content, materials, trademarks, logos, and intellectual property associated with the features and services provided by the app, including but not limited to text, graphics, software, and audio elements, are the exclusive property of the app company or its licensors. These materials are intended to be protected by applicable intellectual property laws, including copyright, trademark, and patent laws, from the moment of their creation, regardless of whether formal applications are pending. Product companies are granted a limited, non-exclusive, non-transferable license to access and use the features and services solely for their personal and professional purposes. This license does not confer any ownership rights or interests in the app's intellectual property, and product companies agree not to reproduce, distribute, modify, create derivative works of, publicly display, or exploit any such intellectual property without the express written consent of the app management. Any feedback, suggestions, or ideas submitted by product companies regarding the services shall be deemed the property of the app. The app shall have the right to use, reproduce, modify, and distribute such feedback without any obligation or compensation to the product company. By utilizing the services, product companies acknowledge the importance of protecting the app's intellectual property rights and agree to respect and uphold these rights. The app reserves the right to take legal action and seek damages against those who infringe upon these rights, violate the terms outlined herein, or engage in any unauthorized use of the app's intellectual property, ensuring the protection of its assets and the integrity of its services.
Feedback Ownership:
Any feedback, suggestions, ideas, or recommendations ("feedback") provided by product companies to the app regarding the features or services shall be deemed the exclusive property of the app. By submitting such feedback, product companies irrevocably assign all rights, title, and interest in and to the feedback to the app, including any and all intellectual property rights associated therewith. The app shall have the perpetual, royalty-free, worldwide right to use, reproduce, modify, adapt, publish, distribute, and exploit the feedback for any purpose, including but not limited to the enhancement of the features or services, marketing, and promotional activities, without any obligation to the product company for compensation or acknowledgement. Product companies acknowledge that any feedback provided is non-confidential and that the app shall not be liable for any use or disclosure of such feedback. This provision encourages product companies to share their insights, knowing that the app values their input while simultaneously protecting its interests in utilizing such contributions for the advancement of its features or services.
Feedback Suggestions:
The app values product companies feedback and encourages users to share their thoughts, suggestions, and experiences. Your insights are crucial in helping us enhance our services and optimize user experience. Product companies can submit their feedback via management chat. All suggestions are reviewed and considered seriously, as they play an integral role in our commitment to continuous improvement and innovation. By contributing feedback, product companies acknowledge that their ideas may be used to further develop and refine the app's features and services. The app is dedicated to fostering an open dialogue with its product companies, ensuring that their voices are heard and incorporated into future updates and enhancements. Thank you for helping us create a better experience for everyone!
Feedback Limitations:
While the app values product companies feedback and encourages contributions to enhance the quality of its services, it imposes certain limitations on the nature and scope of such feedback. Product companies agree that any feedback provided shall be constructive, relevant, and compliant with applicable laws and regulations. Prohibited Content: Product companies shall not submit feedback that contains defamatory, abusive, obscene, or otherwise objectionable content. Feedback that infringes upon the intellectual property rights of third parties, violates privacy rights, or constitutes unauthorized advertising or solicitation is strictly prohibited. No Guarantee of Implementation: The app acknowledges receipt of feedback but makes no guarantees regarding the implementation, acknowledgement, or response to any suggestions or ideas submitted by product companies. The decision to act upon feedback rests solely with the app, which may choose to accept, modify, or disregard such contributions as its discretion. Anonymity of Feedback: Product companies understand that any feedback submitted may be utilized by the app without acknowledgement or compensation, and that such feedback may be aggregated or anonymized for the purposes of analysis and improvement of features or services. Limitation of Liability: The app shall not be liable for any claims, damages, or losses arising from the use or non-use of feedback provided by product companies. By submitting feedback, product companies waive any rights or claims against the app related to the consideration or lack thereof of such feedback.
Confidentiality Limitations:
While the app strives to maintain the confidentiality of user information and communications, product companies acknowledge that no method of transmission over the internet or method of electronic storage is completely secure. As such, the app cannot guarantee the absolute security of any confidential information shared within the platform. Product companies are advised to exercise caution when sharing personal or sensitive information. Additionally, product companies understand that certain circumstances may require the app to disclose confidential information, such as compliance with legal obligations, protection of rights and property, or the safety of its users. By using the app, product companies agree that the app is not liable for any unauthorized access to or use of their confidential information and that the app's confidentiality obligations are limited by these circumstances.
Governing Law:
These terms and conditions shall be governed by and construed in accordance with the laws of Dubai, United Arab Emirates, without regard to its conflict of law principles. By using the app, product companies agree to submit to the exclusive jurisdiction of the courts located in Dubai for the resolution of any disputes arising out of or relating to this terms sheet. All product companies on the app acknowledge that they have read, understood, and agree to be bound by this governing law provision. Any claims or disputes must be brought within one year from the date the claim arose, or such claims shall be forever barred. This provision is intended to protect the rights and responsibilities of all users and entities involved and to ensure a fair and efficient resolution of any legal matters that may arise.
Regulatory Compliance:
Given that the app operates on an international scale across various fields and activities, it is important to note that the app cannot feasibly verify the certifications and licensing requirements of all product companies in every country. Given the significant variations in regulations that may also change over time, each product company is responsible for ensuring they possess the necessary certifications and licenses required by the jurisdictions in which they operate. While the app strives to comply with data privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), it remains the responsibility of the product companies to adhere to applicable regulations concerning the collection and handling of personal information. This includes obtaining the necessary consent from clients for data processing and ensuring the secure storage and transfer of personal data. Product companies and clients are encouraged to understand and fulfill their own responsibilities in complying with relevant laws and regulations in their respective jurisdictions when participating in product recommendations, and its the clients responsibility to ensure they check all and any credentials before deciding to move forward. By acknowledging these limitations and responsibilities, product companies and clients can foster a more informed and responsible experience.
Monitoring Compliance:
The app company reserves the right to monitor product companies accounts for security purposes and to enforce compliance with these security terms. Any suspicious activity may result in account suspension pending further investigation. By using the app, product companies agree to adhere to these security terms and understand their role in maintaining the safety and integrity of their accounts.
Changes to Terms and Conditions:
The app reserves the right to amend, modify, or update these terms and conditions at any time, at its sole discretion, to effectively respond to the evolving nature of its services and user expectations. Product companies are encouraged to periodically review these terms to remain informed of any modifications. Continued use of the services following any changes will be deemed acceptance of the revised terms, thereby binding product companies to the updated conditions. To keep product companies informed, the app may also send notifications regarding important updates or changes to these terms. The app is committed to maintaining transparency and fostering product company engagement throughout this process. By utilizing the features and services, product companies and users acknowledge the importance of flexibility in these terms to reflect the dynamic landscape of digital interaction and the app's ongoing commitment to enhancement and improvement.
Non-Acceptance of Terms:
If a product company is unhappy with the terms and conditions provided in this terms sheet, they are not obligated to join or use the app. Product company participation is entirely voluntary, and they may choose not to engage with the app services.
Protection Policy:
Prohibition of Client, Coach, and Event Organizer Solicitation: Product companies are strictly prohibited from soliciting or attempting to take clients, coaches, or event organizers from the app for personal gain, both during and after their association with the app. Client, Coach or Event Organizer Ownership: Clients, coaches, or event organizers using the app are considered to be the property of the app, and product companies must respect this relationship by refraining from direct outreach or engagement outside the app’s platform. Consequences for Violation: Any product company or user found to be in violation of this policy may face disciplinary action, which can include: Termination of their account on the app or temporary disabling. Monetary fines as determined by the severity of the violation. Claims for damages incurred by the app due to the breach of this policy. Potential legal action to enforce this policy and protect the app's interests. Note: The app does not impose any entry fee or recurring monthly or yearly management fees; instead, it generates revenue solely through a commission from business generated by featuring product companies. This structure underscores the importance of maintaining the integrity of client relationships as product companies benefit from the app's client base without incurring upfront costs.
Non-Solicitation Policy:
Non-Solicitation of Clients, Coaches, and Event Organizers: Product companies agree not to directly or indirectly solicit, engage, or attempt to conduct business with any clients, coaches, event organizers, including any potential users of the app, during their engagement and after the termination of their relationship with the app. This includes any clients, coaches or event organizers with whom the product company had direct contact or knowledge through their work with the app. Non-Solicitation of Personnel: Product companies also agree not to solicit or attempt to hire any employees, contractors, or representatives of the app during their engagement and following the termination of their relationship with the app. Acknowledgement: Product companies acknowledge that any breach of this policy may result in harm to the app and that the app may pursue appropriate legal remedies, including injunctive relief and damages. Enforcement: The app reserves the right to enforce this policy through legal means should any violations occur, and product companies agree to cooperate fully in any investigations regarding potential breaches. Modification: The app reserves the right to modify this policy at any time. While the app may notify coaches of significant changes, it is the responsibility of the product companies to periodically review the policy to stay informed of any updates.
Disclaimer:
The content and opinions expressed within the features of the app, including questionnaires, meanings, guides, journals, coaching sessions, consultation sessions, exercises, pre-recorded audio sessions, events, and product recommendations, are solely those of the app and do not necessarily reflect the views of any other individuals, organizations, or entities. All features are aimed at enhancing personal growth and well-being. While the app strives to deliver accurate and beneficial information, these services are not substitutes for professional medical, psychological, or emergency services, nor do they guarantee user safety or success. Product companies and users are encouraged to seek immediate assistance from licensed healthcare or medical professionals in case of emergencies or serious concerns. We recommend that all product companies and users familiarize themselves with local emergency services and procedures and conduct their own research before engaging with any products or services promoted within the app. By using this app, product companies and users acknowledge and accept these terms and recognize that personal growth is a journey that requires individual effort and commitment.
No Guarantees:
The app expressly disclaims any and all warranties, representations, or guarantees, whether express or implied, regarding the services provided, including but not limited to the accuracy, reliability, completeness, or suitability of the content, the performance of the services, or any outcomes resulting from the use of the features and services. Product companies and users acknowledge and agree that their use of the features and services is at their own risk, and the app makes no representations that the services will meet their specific requirements or expectations. The app does not guarantee uninterrupted, timely, secure, or error-free access to the features and services, nor does it warrant that any defects or errors will be connected. Product companies and users understand that external factors, including but not limited to internet connectivity issues, technological limitations, and force majeure events, may impact the availability and performance of the services.
Limitation of Liability:
To the fullest extent, the app and its owners, shareholders, directors, employees, agents, affiliates, officers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of the app, including but not limited to loss of profits, data, or goodwill, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the app has been advised of the possibility of such damages. In no event shall the total liability of the app for any claims arising out of or relating to these terms or the services exceed the amount paid by the product company for the specific service giving rise to the claim, or, if no such amount has been paid, the sum of one hundred dollars ($100). This limitation of liability applies regardless of the form of action, whether in contract, tort, or otherwise, and shall survive the termination of these terms as the product company's use of the app and its features. Product companies and users acknowledge that this limitation is a fundamental aspect of the agreement between the app and the product company or users, and that the app company would not provide the services without such limitations. By agreeing to these terms, product companies and users accept the inherent risks associated with using the services while understanding the extent to which the app's liability is limited. This limitation is in place largely because the cost of using the app is moderate, allowing for broad accessibility while managing potential risks.
Indemnification:
Product companies hereby agree to indemnify, defend, and hold the app harmless, including its owners, shareholders, directors, employees, agents, affiliates, officers, and licensors, from and against any and all claims or expenses, including reasonable attorney fees, arising from or related to their use of the app's features and services, violations of these terms, or infringement of any third-party rights. This indemnification obligation includes, but is not limited to, claims arising from app content, actions taken by the product company that contravene applicable laws or regulations, or any breach of the representations and warranties made herein. Product companies acknowledge that their obligation to indemnify the app is a critical component of their engagement with the services and is intended to protect the app from the repercussions of conduct that may adversely affect the platform or its community. Since the app does not charge an entry or recurring management fees and only charges a commission on business generated, this indemnification provision is designed to ensure that the app can continue to operate effectively and provide valuable services to all users. By protecting the app from potential liabilities, product companies contribute to the sustainability and accessibility of the platform. The app reserves the right to assume the exclusive defense and control of any matter for which product companies are required to indemnify, and product companies agree to cooperate fully in the defense of any such claims. This indemnification provision will remain in effect even after the termination of this agreement and the product companies use of the app's features and services.
Force Majeure:
The app shall not be held liable for any failure to perform its obligations under these terms, or for any delay in performance, when such failure or delay is due to causes beyond its control. These causes may include, but are not limited to, acts of God, natural disasters, war, terrorism, strikes, labor disputes, government actions, pandemics, technological failures, or any other events comparable in nature, and the app shall neither be obligated to provide with any compensation or remedy for any loss or damage incurred by users as a result of such force majeure events. Product companies acknowledge that while the app will endeavor to maintain uninterrupted service, external factors may impede its ability to do so, and the app shall not be held accountable for any resultant inconvenience or disruption. This clause serves to protect the app from liability and ensures that product companies and users understand the limitations of service provision in the face of unforeseen and uncontrollable circumstances.
Dispute Resolution:
In the event of any dispute, controversy, or claim arising out of or relating to these terms, the features and services provided, or the product companies' relationship with the app, the parties agree to engage in good faith negotiations to resolve the matter amicably prior to pursuing any formal legal recourse. If such negotiations do not yield a satisfactory resolution within a reasonable timeframe, product companies agree to submit the dispute to binding arbitration, conducted in accordance with the rules of a recognized arbitration organization selected by the app company. The arbitration shall take place in Dubai, United Arab Emirates. Product companies acknowledge that by agreeing to arbitration, they are waiving their right to a trial by jury and to participate in class action lawsuits. This dispute resolution process is intended to provide a streamlined, efficient, and cost-effective means of resolving conflicts while minimizing the burden on the court system. The app reserves the right to seek injunctive relief in a court of competent jurisdiction to protect its intellectual property rights or to address any violations of these terms that may cause irreparable harm. Product companies agree that any disputes shall not be consolidated with any other disputes or claims and that each party shall bear its own costs and attorney fees. Note: The app does not charge any entry fee or recurring monthly or yearly management fees; it only charges a commission on business generated. Therefore, it is important to establish a clear and efficient process for resolving disputes.
Advisory Nature:
The app offers a diverse range of features, including questionnaires, meanings, guides, journal, exercises, pre-recorded audio sessions, coaching sessions, consultancy sessions, events, and products recommendations for informational and educational purposes only. Users acknowledge that the app does not guarantee specific outcomes or results from the use of its features and services. The advice and guidance provided through the app are intended to support clients in their personal development but should not be viewed as a substitute for professional advice or services. Product companies and users are encouraged to seek independent professional advice from licensed health or medical professionals regarding health and mental well-being, as well as from qualified experts in legal and financial planning tailored to their individual circumstances. The app is not responsible for any decisions made or actions taken based on the information provided through the app. By using the services, product companies and users agree to take full responsibility for their choices and actions and recognize that the app's support is advisory in nature.
Product Endorsements:
The app may feature products or services from third-party providers. While we strive to present accurate and reliable information, the app does not endorse, guarantee, or assume responsibility for the quality, safety, or efficacy of any third-party products. These endorsements are solely recommendations. Product companies and users are encouraged to conduct their own research and due diligence before making any purchases or decisions based on these third-party endorsements. The app is not liable for any issues or disputes arising from the use of third-party products.
Partnerships and Affiliations:
The app may engage in various partnerships, sponsorships, and affiliate relationships with third parties, which may lead to compensation, commissions, or other benefits from user interactions with promoted products or services. While the presence of such affiliations does not compromise the integrity of the content provided, Product companies and users are encouraged to conduct their own research before making decisions based on these promotions. Product companies and users acknowledge that any interaction with third-party products, features, or services facilitated through links or advertisements from the app is done at their own risk. The app shall not be held liable for any claims, losses, or damages arising from such transactions. Furthermore, the app reserves the right to modify its affiliations at any time without prior notice, product companies and users are encouraged to stay informed about these changes by periodically reviewing this terms sheet and the guideline pages.
Third-Party Services:
Any external services linked to the app of third-party providers are not endorsed by the app and are used at the product companies own risk. The app does not assume responsibility for the quality, reliability, or safety of these third-party services. Product companies must exercise caution and discretion when engaging with such providers, as the app cannot guarantee their practices, security measures, or compliance with relevant regulations.
Feedback:
If you have any clarifications or feedback regarding this terms sheet, please contact us via support@cuewellness.net
Feedback:
If you have any clarifications or feedback regarding this terms sheet, please contact us via support@cuewellness.net