Impact Incubation
Belong
Terms and Conditions
Welcome to Belong! Belong is a mobile application that helps you maintain and improve relationships with your loved ones. These Terms and Conditions govern your use of the Belong mobile application available through Apple App Store and Google Play (hereinafter “the App” or “the Service”). The App is owned and operated by Impact Incubation LLC, a company formed and operating in accordance with the laws of the State of Nevada and federal laws of the United States of America (hereinafter “the Company,” “we,” “us,” or “our”).
1. Acceptance of Terms
The App is offered to you by the Company subject to your acceptance of these Terms and Conditions and our Privacy Policy (hereinafter collectively referred to as the “Agreement” or the “Terms”). By registering a user account or otherwise using the Service, you (“you,” “your,” or “user,”) are entering into a legally binding agreement with the Company. If you do not agree with any provision of this Agreement, please do not install the App or sign-up for a user account.
Some App features and functionality may require you to agree to additional terms and conditions than those stated hereunder. By using such App features and functionality, you expressly agree to abide by such additional terms, rules, and guidelines.
2. Eligibility
By proceeding with the user account registration, you represent and warrant that you are of legal age to enter into binding agreements in your state or country of residence. Please note that the App is personal in nature, and you may not create a user account or enter into this Agreement on behalf of another person or entity ("a third party").
WE DO NOT TARGET OUR SERVICES TO PERSONS UNDER THE AGE OF THIRTEEN YEARS (“CHILDREN”). CHILDREN ARE STRICTLY PROHIBITED FROM ACCESSING THE APP AND SUBMITTING ANY PERSONAL INFORMATION TO THE COMPANY.
3.Definitions
The following words shall have the meaning as defined hereunder:
“account holder”
refers to the individual who signs up for the user account on the App.
“user account”
refers to an account issued by the Company to an individual, enabling that individual to log into the App and make use of the features and functionality.
“user content”
refers to any content submitted by an account holder as outlined in Section 5.1 of this Agreement.
“user,” “you,” or “your”
refers to any user account holder on the App.
Interpretation: The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein. All pronouns shall be deemed masculine, feminine, neuter, singular, or plural, as the person or entity's identity may require. If this Agreement is made available in more than one language, the English language version shall prevail.
4. Amendments
We reserve the right to amend this Agreement at any time at our sole discretion and without providing any prior notice to you. Except where expressly specified otherwise, any changes to this Agreement shall be effective from the date the amended version of this Agreement is published on the App. The latest version of this Agreement shall override all previous versions. Please take the time to review this Agreement periodically to familiarise yourself with any material changes. We also reserve the right to introduce new features and functionality, remove or modify any existing features, as well as the right to discontinue the App at our sole discretion. We will not be liable to you for the consequences of any changes to this Agreement or our Service. By continuing to use the App after the updated Agreement is published on the App, you agree to be bound by the updated version of the Agreement.
5. The Service
Belong is a unique app that helps you maintain and improve your relationships with people who matter the most to you. The App requires users to sign-up for a user account in accordance with the provisions outlined in Section 6 of the Agreement.
Once you have registered your user account, you can start using the App by adding your contacts/relationships that you would like to maintain and/or improve. You can use the relationship meter functionality in the App to specify your relationship goal with each contact and add activities you would like to do with them. The App then sends you timely reminders to take action with your contacts based on your relationship goals and activities.
If your contacts are also users of the App, you can invite them to any events/activities you plan to do with them and share memories linked to those events by uploading photographs.
Please note that you will require access to the internet to make use of the App. In the absence of wifi, you will incur mobile data charges. Furthermore, when you make phone calls or send messages through the App, you will incur normal call and message charges set by your telecom service provider. The Company disclaims all liability for any charges paid by you during your use of the App.
5.1. User Content
5.1.1. All content you add/upload on the App, including but not limited to your contacts, activities/events description, and images on the App, is hereinafter referred to as your “user content”.
5.1.2. We do not claim any ownership of your user content. You own all ownership rights that you may have in your user content. However, by uploading, submitting, or transmitting your user content through the App, you grant us a non-exclusive, worldwide, transferable, and sub-licensable right to use, copy, modify, publish, distribute and process your user content for the purpose of delivering our Service to you and other users in accordance with this Agreement without any further notice, request for consent, or obligation to compensate you or another person.
5.1.3. Subject to your privacy settings and to the extent permitted by applicable law, we may use some of your personal data, such as your name and your profile image, for delivering and promoting our Services. You understand and accept that our use of your personal data as described hereunder is without any obligation to compensate you.
5.1.4. Please note that by default, all the content linked to an event, such as event details, participants, and photographs, is visible to users who are invited to that event through the App. If you do not wish to make all event-related content visible to all invitees, you should change your default privacy settings to your preferred visibility setting.
5.1.5. You can delete your user content from the App at any time. Please note that the delete function is permanent, and you will not be able to retrieve any user content after you delete it from the App.
5.1.6. You hereby release the Company from any claim or action, whether now known or unknown including, but not limited to, any defamation, copyright infringement, privacy, publicity or personality rights or other similar claims or actions, arising out of your user content in accordance with the provisions of this Agreement.
5.1.7. You understand and accept that the user who creates the event has the right to add or remove invitees from his/her event and/or delete or hide any event content at his/her sole discretion.
5.1.7. The Company disclaims all liability arising from or related to any deletion, loss, or modification of your user content on the App. You are solely responsible for maintaining backup files for all your user content.
5.1.8. The Company does not warrant or make any representations as to the accuracy of any user content on the App. The Company will not be liable for any inaccuracies in any user content on the App. It is solely your responsibility to verify and confirm the truthfulness, accuracy, and completeness of any user content with the person from whom such user content originated. Your reliance upon or use of any user content on the App is solely at your own risk.
5.2. GENERAL DISCLAIMER
THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING MONETARY OR PERSONAL LOSS) ARISING FROM OR CONNECTED WITH THE USE OF THE SERVICE. YOUR DECISION TO USE THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
Unless expressly specified otherwise, the Company’s responsibility is limited to facilitating the availability of the App functionality.
6. Account Registration and Safety
You can sign up for a user account using your personal phone number. Please note that we will send a verification code to the phone number provided by you during account registration; therefore, it is important that you provide us with your correct phone number. Once your phone number has been verified, you can create your user account by providing your full name. You agree to provide us with correct and complete information at the time of your user account registration. Please note that we provide all user accounts at our sole discretion, and we are not under any obligation to provide a user account to any user. We reserve the right to decline your request for a user account without providing any reasons for our decision.
Your Privacy
All your personal information is collected and processed by us in accordance with our Privacy Policy. Please carefully review our Privacy Policy before creating your user account, and please refrain from submitting any personal information if you do not agree with our privacy practices.
Account Security
You agree to maintain the confidentiality of your user account log-in credentials. You agree that you are solely responsible for any activity that occurs on your user account. The Company will not be liable for any loss, damage, or costs arising from or associated with any unauthorized use of your user account. If you suspect any unauthorized activity on your user account, please contact us at general@impactincubation.com.
7. Account Termination
Your user account shall remain in effect until terminated by you or the Company in accordance with the provisions of this Agreement.
7.1. Termination by the Company
We reserve the right to terminate your user account or restrict/suspend your access to the App at any time, at our sole discretion. If we terminate, restrict or suspend your user account, you are strictly forbidden from:
Creating a new user account;
Accessing the App through another user’s account;
Accessing the App through any other unauthorized mechanism.
7.2. Termination by a user
If you wish to terminate your user account, you may do so by accessing the delete account feature from within the App.
7.3. Consequences of Account Termination
After the Company terminates your user account, you will no longer be able to reactivate your user account or use the App. Please note that your user profile will be removed from the App.
Notwithstanding anything to the contrary, any provision of this Agreement that is intended to survive the termination of these Terms will survive.
8. Intellectual Property
Excluding your user content, all content/material/resources made available by the Company, including without limitation, any text, graphics, logos, trademarks, audio, video, interactive features, software, and the like (hereinafter “Company Content”) is either owned by or licensed to the Company. All Company Content is protected by applicable intellectual property laws of the United States of America as well as applicable international conventions.
You understand that the Company and its licensors reserve all rights, title, and interest in their respective intellectual property. Nothing in this Agreement transfers any rights, title, or interest in any Company Content to you except the limited right to access and use the App in accordance with the provisions of this Agreement. The Company grants you a revocable, non-exclusive, non-transferable, royalty-free license to use the Company Content solely in accordance with the provisions of this Agreement and for your personal use only.
The Company owns all rights in Belong trademarks, service marks, trade names, brand names, and logos (collectively “Belong Marks”). You shall not remove any copyright, trademarks, or other similar proprietary notices from any Company Content. Any trademark that appears on the App that is not owned by the Company is the intellectual property or such trademark owner.
Any license granted herein shall immediately terminate if you cease to be a user account holder. You acknowledge and agree that by submitting any feedback, suggestions, or ideas to the Company, you are granting the Company a perpetual right to use, in any manner, either by incorporating it into the App or introducing a new service, without any obligation to compensate you.
The Company reserves all rights that are not expressly granted to you herein.
9. Prohibited Activities
As a user account holder, you specifically agree not to:
9.1. Use the App for any illegal purposes;
9.2. Decipher, disassemble, or reverse engineer any portion of the App;
9.3. Disable, circumvent or in any way interfere with any security measures implemented by the Company to protect the App;
9.4. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
9.5. Cause harm or subvert the function of the App by introducing any viruses, trojan horses, time bombs, cancelbots, or other computer programming routines that may damage, modify, delete or interfere with any system, data, or information stored on our servers;
9.6. Use any alternative means to access the App other than the interface provided by the Company;
9.7. Post, upload or otherwise share any content on any third-party service that falsely suggests that such content is sponsored, approved, or otherwise endorsed by the Company;
9.8. Disparage, or harm, in our opinion, the Company or the App.
Any violation of the above may result in suspension/termination of your user account, and we may take any appropriate legal action we deem fit.
10.No Guarantees
Although the App contains features and functionality that are designed to help you maintain and improve your relationships, you acknowledge that the use of the App cannot guarantee any specific results or improvement in your relationships. You agree that the App is not a substitute for a professional relationship counsellor or therapist. You are advised to always seek the guidance of a professional relationship counsellor or therapist who is familiar with your unique circumstances before making any significant relationship decisions or action plans on improving your relationship.
For the avoidance of any doubt, the Company does not represent or warrant that a user will achieve any specific results from the use of the App. The Company, its employees, shareholders, agents, affiliates, and contractors disclaim all liability for any loss or damage arising from or associated with the use of the App. Accordingly, your decision to use the App is entirely at your own risk.
11. iOS and Android Disclaimer
11.1 By downloading and signing up for the App, you acknowledge and agree that the App is designed for use on a mobile device that uses the Android or Apple iOS operating system;
11.2. The App is only available through Google Play Store and Apple App Store;
11.3. Google Play Store and Apple App Store are owned and operated by Google Inc and Apple Inc, respectively. Google Inc and Apple Inc are hereinafter referred to as the "App Distributor".
11.4. By downloading the App on your mobile device, you further agree to abide by the App Distributor’s legal terms and conditions;
11.5. App Distributor is not a party to this Agreement and will not be responsible for the App;
11.6. The App Distributor does not offer any warranties for the App, and the App Distributor is not responsible for the maintenance of the App or provision of any support services for the App;
11.7. By downloading the App, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo or a country that has been designated as a “terrorist supporting” country by the U.S. government;
11.8. By downloading the App, you also represent that you are not listed on any U.S. government list of prohibited or restricted parties;
11.9. The App Distributor shall not be responsible for any other claims, losses, liabilities, damages, or expenses with respect to the App;
11.10. All claims, actions or disputes arising from or relating to the App must be brought against the Company only;
11.11. The App Distributor is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you.
12. Electronic Communication
All communication between you and the Company is through electronic means, including but not limited to: when you communicate with us from within the App or via email or when we send notices to you either through email or by posting them on the App. For the purposes of this Agreement, you consent to receive communications from us in electronic form, and you agree that electronic communication satisfies any legal requirement that such communication should be in writing.
13. Modifications
The Company reserves the right to modify or update any existing App features, add new features/functionality, and/or delete any feature or functionality at any time at its sole discretion and without incurring any liability or providing any prior notice to users. The Company also reserves the right to discontinue the App, at any time, without incurring any liability.
14. Maintenance
Your access/use of the App may be interrupted with or without prior notice to you for any system maintenance, upgrading, testing, repairs, or other related work. We hereby disclaim all liability for any loss, damage, cost, or expense that you may suffer due to any bugs, system malfunction, interruption, deactivation, downtime, and/or suspension of the Service. You understand and accept that there is no guarantee that the Company will resolve any issues within any specific time frame.
15. DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, AND AFFILIATES (COLLECTIVELY “COMPANY AND ITS OFFICERS”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES IN RESPECT OF THE SERVICE, ANY USER CONTENT, OR INTERACTION BETWEEN USERS, INCLUDING ANY REPRESENTATION OR WARRANTIES THAT THE SERVICE:
(A) WILL MEET YOUR REQUIREMENTS;
(B) WILL BE UNINTERRUPTED, ERROR-FREE AND SECURE;
(C) WILL BE ACCURATE, RELIABLE, COMPLETE OR SAFE; OR
(D) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
THE COMPANY AND ITS OFFICERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
THE COMPANY AND ITS OFFICERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS FROM THE USE OF THE APP OR ANY CONTENT MADE AVAILABLE THROUGH THE APP, INCLUDING BUT NOT LIMITED TO THE CORRECTNESS OR RELIABILITY THEREOF.
IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER RESULTING FROM THE USE OF THE SERVICE, ANY CONTENT AVAILABLE THROUGH THE SERVICE, OR ANY USER CONDUCT, WHETHER ONLINE OR OFFLINE.
ALL USER CONTENT ON THE APP IS THE RESPONSIBILITY OF THE USER FROM WHOM SUCH CONTENT ORIGINATED AND NOT THE RESPONSIBILITY OF THE COMPANY. YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK.
16.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS SHALL NOT BE LIABLE FOR ANY LOSS, COST, OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, RELIANCE UPON ANY USER CONTENT, DELETION OF YOUR USER CONTENT, ANY SUSPENSION OR TERMINATION OF YOUR USER ACCOUNT OR, ANY INTERRUPTION, CESSATION OR TRANSMISSION OF THE SERVICE. FURTHERMORE, THE COMPANY AND ITS OFFICERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, ARISING FROM OR ASSOCIATED WITH THE USE OF THE APP, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY, IN CONNECTION WITH THIS AGREEMENT, SHALL EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE CLAIM/ACTION FIRST AROSE, OR FIFTY U.S. DOLLARS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Indemnification
You hereby agree to indemnify and hold the Company and its officers harmless from and against all claims, losses, expenses, liabilities, damages, or demands (including attorneys’ fees and costs incurred) in connection with or resulting from, directly or indirectly:
Your breach of this Agreement;
Your interactions with other users;
Your violation of applicable law; or
Your user content.
18. Governing Law
This Agreement shall be construed and governed exclusively by the laws of the State of Nevada, without giving effect to any conflict of law principles.
19. Waiver of Class Action
To the maximum extent permitted by law, you and the Company agree to bring any actions, claims, or disputes on an individual basis only, and you will not consolidate or seek class treatment or collective action for any claim. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE COMPANY.
20. Severability
If any provision of this Agreement is held to be unlawful, void, or for any reason found to be unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
21. Force Majeure
The Company shall not be responsible for any damage or loss of any nature suffered by any user that is caused by events beyond the Company’s reasonable control, including any acts of God, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, any failure of electricity, server system, computer, internet or telephone service.