Terms of Service
Last Updated: July 9, 2023
1. Introduction
We are Tarmi (“
Company”, “
we”, “
our”, “
us”). These Terms of Service shall apply to the services that are accessible to you (the “
Services”) from our mobile application (“
Deeper Talks”, the “
App”) as well as any other related products and services that refer or link to these legal terms (the "Legal Terms").
Each time you access Deeper Talks you are agreeing that you will accept and will be bound by these terms as well as all other applicable laws and regulations relevant to the Services. Please read these terms carefully before accessing and using any of the Services. They form a legal agreement between you and Tarmi, a company registered in Canada.
Our
Privacy Policy also sets out some very important information that you need to be aware of. The policy describes how we will collect, process, and use your information.
Only continue to use our Services if you agree with these Terms of Service, and if you acknowledge and understand how we will use the information that you will provide to us.
We may revise these terms at any time and notify you of the updated version. We will notify you of any changes by posting the new Terms of Service on this page and updating the "Last updated" date at the top of this Terms of Service.
2. Accessing our Services You confirm that you are over the age of 17 and legally able to enter into a binding agreement with us. In any event, our Services are not directed to anyone under the age of 18. If you are under the age of 18, please do not use or access our Services.
You warrant that you are the owner of the device to which you have downloaded our App and accessed the Services, or that you have obtained permission from the owner of that device to download the App and access the Services. You accept responsibility in accordance with these terms for the use of the App on any device, whether that device is owned by you. You also agree that we shall have no liability for the access of any of your information that’s accessible from our App in the event your device is shared, or you otherwise make it accessible to another party.
3. Our Services Our Services comprise the provision of content in the form of questions, tips, challenges, and quotes, for you or you and your partner. We may change (amend, restrict, or delete) the content making up our Services at any time and we have no obligation to maintain a particular content offering regardless of you or your partners affinity, level of completion, or engagement with that content offering.
4. Fees and payment Some Services will be free, others will require payment. Some Services may be free for a period, but then require a payment which may be taken automatically by your chosen payment method. We will always make any payment terms clear to you before you sign up for a paid Service. Any such payment terms shall be incorporated into and form part of these Terms of Service. When purchasing services such as Deeper Talks Premium you may make your purchase from an app store provider such as the Google Play Store or Apple App Store. If from an app store provider, in addition to these terms, you will be subject to the terms of the app store provider.
At our discretion, we may change the price and nature of a paid Service, but if you are already paying for that Service, we will always give you notice should the price change. We accept no responsibility for any losses you may incur by failing to change or cancel a subscription after we have informed you of any changes to pricing of Services.
Where you have purchased a subscription, your subscription to our paid Service will be automatically renewed at the end of each subscription period unless you cancel it. If you do not cancel before the end of your current subscription period, you will be charged in advance for the next subscription period. Auto-renewing subscriptions can be modified or cancelled by changing your settings with the appropriate app store provider. If you cancel a subscription you cannot claim a refund for the period remaining until the end of the subscription period in which you cancelled.
If you think that you may be entitled to a refund for Services, contact the app store provider directly as we will be unable to process such refund requests.
5. Promotional and marketing offers We may offer promotional offers from time to time which may include discounts. These offers may be subject to expiration dates and may only be applicable to selected users of a Service. We reserve the right to end a promotion without notice if at our sole discretion we believe a user is not acting in good faith in relation to the terms of the promotion.
6. Our Ownership Rights We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Canada and around the world.
7. Acceptable Use Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services solely for your personal, non-commercial use.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: getdeepertalks@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
8. Termination of Services
We may terminate your access and use of the Services (or any of them) and these terms at our discretion if we have good reason to believe you have breached these terms. In such circumstances you are not entitled to the refund of any amounts you may have paid us for the Services. We may modify or discontinue, temporarily or permanently, the Services (or any part of them) at our discretion. We will give you notice of such modification or discontinuance wherever possible. You agree that Tarmi shall not be liable to you or to any third party for any modification or discontinuance of the Services.
You may discontinue your use of the Services (or any part of them) at any time.
On termination of these terms for any reason:
(a) all rights granted to you under these terms shall cease;
(b) you shall no longer have access to any Services;
(c) you must immediately cease all activities authorised by these terms; and you must immediately delete or remove Deeper Talks from your devices.
9. Links to and from other apps and websites
Any links to third party content, apps or websites are provided solely for your convenience. We have not reviewed all of these third party links and do not control and are not responsible for these third party links or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to from our Services, you do so entirely at your own risk.
13. Indemnity
You agree to indemnify and hold the Company, and its affiliates, and its and their officers, directors, agents and employees, harmless from any losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any breach by you of any of these terms or applicable law; your misuse of the Services; Contributions you provide or post; your infringement of intellectual property rights or any other third party rights; and/or your failure to provide accurate, up to date information.
14. Disclaimers
The Services are provided "as is", without any conditions, warranties or other terms of any kind (other than those required by applicable law and which cannot be excluded by contract) and are used by you at your own risk. Accordingly, to the maximum extent permitted by law, we provide you with the Services on the basis that we exclude all representations, warranties, conditions and other terms which, but for these terms, might have effect in relation to the Services.
15. Limitations and exclusions of liability
Nothing in these terms shall exclude or limit your liability or our liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; or under any indemnity you have agreed to provide in these terms. Subject to this, we shall not be liable in contract, tort (including, without limitation, negligence), for pre-contract or other representations, or otherwise arising out of or in connection with these terms for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential losses,
(d) in any case, whether or not such losses were within either of our contemplations at the date of acceptance of these terms.
Subject to the above, our aggregate liability to you in relation to all events or series of connected events occurring under these terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the total amount you have paid for the Services in the six month period immediately preceding the date of the first event allegedly giving rise to the liability.
Nothing in these terms excludes any statutory rights which may apply to your use of the Services which cannot be excluded, restricted or modified by contract.
16. General
These terms and the relationship between you and Tarmi shall be governed by the laws of Canada without regard to any conflict of law provisions of any jurisdiction. Both you and Tarmi agree to submit to the exclusive jurisdiction of the Canadian courts, except that Tarmi may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:our obligations under these terms shall be suspended for the duration of the Event Outside Our Control; andwe will use our reasonable endeavours to find a solution by which our obligations under these terms may be performed despite the Event Outside Our Control.
No person other than you and Tarmi shall have any rights under these terms in relation to your use of the Services. We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms if we agree in writing.
Any failure of or delay by Tarmi to exercise or enforce any right or provision of the terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect.
You agree that these terms represent the entire understanding between you and Tarmi in respect of your relationship with Tarmi. These terms supersede any previous agreements between you and Tarmi including any previous version of these terms.
17. Contact
If you have any questions about these terms, you can contact us by email at getdeepertalks@gmail.com.
