Terms of Use

Last updated: 4/8/2024

PLEASE READ THESE TERMS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO MEDICAL AND WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, SUBSCRIPTION TO AND PURCHASE OF PRODUCTS, GOVERNING LAW, AND THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Welcome to the BetterPlay (the “App”), which is owned and operated by BetterPlay Studios, Inc. (“BetterPlay,” “we,” “our,” or “us”). The following terms and conditions of use as well as the corresponding Privacy Policy which is incorporated herein by reference and available here by link or otherwise available through the App (collectively the “Terms”) govern your access to and use of: the App; pages within the App and any information, material, or content made available on or through the App; and all other communications provided by BetterPlay. These Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under the age of 18, you may only use the App with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. If you are a parent or legal guardian of a user under the age of 18, you are subject to these Terms and responsible for your child’s activity on the App. YOUR USE OF THIS APP CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, WE KINDLY ASK YOU NOT TO USE THIS APP.

1. Health Related Information Disclaimer
The trainings, techniques, and other information offered on the App are designed to help users reduce stress and improve their overall well-being. However, they are not intended to be a substitute for the advice, diagnosis, or treatment provided by a qualified medical practitioner. You should not use the information available on or through the App for diagnosing or treating a health problem or disease. If you have any history of medical illness or are currently under medical treatment, we recommend that you consult with your doctor or other qualified healthcare provider before using the App. Not all activities described as part of our App are suitable for everyone. Do not use the App while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the App. Additionally, if you experience any pain or discomfort while using this App, please stop immediately and seek medical attention if necessary.

2. Changes to the App
BetterPlay reserves the right to change, modify, or discontinue the App or any portion of the App, including any and all content, at any time, without notice to you. BetterPlay reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage. Your continued use of the App following the posting of changes to these Terms will mean you accept those changes.

3. Your Use of the App
You are granted a limited, non-exclusive, revocable right to access and use the App solely for personal, non-commercial use to receive BetterPlay services. This right does not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to):

• Modify, reproduce, or resell any part of the App’s content or data (excluding your personal information), or otherwise commercially exploit any of the App’s content or data (even if that content or data is provided by a third party);
• Access, tamper with, or use non-public areas of the App or BetterPlay’s computer systems;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• Access or search or attempt to access or search the App by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by BetterPlay;
• Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the App, or otherwise collect, gather, extract, scrape, or obtain any data or content from the App for any commercial purpose other than obtaining products and services from BetterPlay or your own personal, non-commercial use;
• Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the App;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or App;
• Attempt to hide or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms, including without limitation, if any IP address you have been assigned or used is blocked or dropped by BetterPlay, you are hiding or switching your IP address to scrape or collect data and content from this App, or you have received a cease and desist or other correspondence from BetterPlay related to any activity in violation of these Terms that requires you to cease accessing or using the App;
• Use the App or any of its content in any manner other than the manner in which it is intended to be used, or in any way that interferes with its normal operations or with any other user’s use and enjoyment of this App, unless you first obtain BetterPlay’s express written consent;
• Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; or
• Use the App or its content for any purpose prohibited or restricted by law.

Except for the limited right expressly granted to you in these Terms, BetterPlay and its licensors expressly reserve all other rights and licenses.

4. Your User Account
If you register for an online account with BetterPlay on the App, you are solely responsible for maintaining the confidentiality and security of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify BetterPlay of any unauthorized use of your password or account or any other breach of security. If you provide information on the App, you agree to (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete to the extent the App facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or BetterPlay has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, BetterPlay has the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the App (or any portion thereof) by you.

5. Use Outside of the United States
BetterPlay makes no representation that the materials contained on the App or services described or offered on the App are appropriate or available for use in every jurisdiction outside the United States, or that this Agreement complies with the laws of every country outside of the United States. Visitors who use the App do so on their own initiative and are responsible for ensuring compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the App from any territory where its contents are illegal, and that you, and not BetterPlay, are responsible for compliance with applicable local laws.

6. User Content
You may have the option to post content, where applicable, on the App ("User Content"). All User Content, regardless of method posted, is your sole responsibility. BetterPlay cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the App.

By posting any User Content on the App, you hereby grant BetterPlay a royalty-free, fully paid up, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You represent and warrant that: you own the User Content posted by you on or through the App or otherwise have the right to grant the license set forth above; and the posting of your User Content on or through the App does not violate the privacy rights, intellectual property rights, publicity rights, contract rights or any other rights of any person. BetterPlay shall not be liable for any use or disclosure of any User Content you post to or through the App.

BETTERPLAY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE APP, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU.

You understand that by using the App, you may be exposed to User Content created by others that is offensive, indecent, or objectionable. BetterPlay does not endorse or have control over the User Content. We make no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the App. We assume no responsibility for monitoring any the App for inappropriate submissions or conduct. We have no obligation to modify or remove any inappropriate User Content. Notwithstanding the foregoing, BetterPlay and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.

7. Termination / Suspension
You agree that BetterPlay may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the App, including any online account hereon, without notice, for any reason in BetterPlay’s sole discretion, including, without limitation, violation of these Terms or BetterPlay’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, BetterPlay, another user, or any third party.

8. Privacy
By accessing and using the App, you agree to the terms of BetterPlay’s Privacy Policy, which are incorporated into these Terms by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

9. Trademarks
BetterPlay, or third parties from whom BetterPlay has permission, own the trademarks and service marks that are used on the App. All rights are reserved by BetterPlay and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of BetterPlay and its licensors may not be used without prior written consent of BetterPlay or its licensor. Without limiting the foregoing, no BetterPlay trademark or trade dress may be used in connection with any product or service that is not BetterPlay’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits BetterPlay.

10. Copyright and Other Proprietary Rights
BetterPlay, or third parties from whom BetterPlay has permission, own the App and all content that is used on the App. All proprietary content and materials on the App including, without limitation, the App’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights.

11. Children’sPrivacy
Individuals under the age of 18 (“Minors”) are not permitted to use the App without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our App without parental consent.

12. Third-Party Sites
The App may contain links to other unrelated websites on the Internet. BetterPlay is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms do not apply to such unrelated websites, and you should review the privacy policy and terms of use for any website that you visit. BetterPlay makes no representations or warranties regarding the security of any information you make available to such websites. BetterPlay is not liable for any losses or damages incurred as the result of your business dealings with such third parties.

13. Disclaimer of Warranties
OUR APP, OUR CONTENT AND OUR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. BETTERPLAY DOES NOT WARRANT THAT ANY PART OF THE APP WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE APP AND ACCESS TO THE APP WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. BETTERPLAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY RELIANCE ON APP CONTENT IS AT YOUR OWN RISK.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, BETTERPLAY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SERVICES. BETTERPLAY CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES BETTERPLAY MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY WEBSITES.

14. Limitation of Liability
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL BETTERPLAY, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE "BETTERPLAY PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BETTERPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BETTERPLAY PARTIES SHALL NOT EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO BETTERPLAY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, IF ANY, OR ONE HUNDRED DOLLARS (US $100).
YOU AGREE TO PROMPTLY NOTIFY BETTERPLAY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE BETTERPLAY PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

15. Indemnification
You agree to indemnify, defend, and hold harmless BetterPlay, its officers, representatives, directors, employees, consultants, third party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the App, your use of any material, information, data downloaded or otherwise obtained from the App, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of BetterPlay or any other person or entity.

16. Notice
BetterPlay may deliver notice to you by means of e-mail, a general notice on the App, or by other reliable method to the address you have provided to BetterPlay.

17. Interpretation and Disputes
These Terms are governed by the laws of the State of Michigan, without regard to any conflict of laws provisions.

If we have not been able to resolve the dispute informally within thirty (30) days after both parties received notice of the dispute, we both agree to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms by binding arbitration conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”). Unless we both agree otherwise, the arbitration will be conducted in the same county as our offices. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the JAMS Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration, along with all filings and decisions, will be confidential except as necessary to enforce the award.

If any provision of these Terms is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed, and the remaining terms of these Terms shall be interpreted and read to give them maximum enforceability.

ARBITRATION MEANS THAT YOU AND BETTERPLAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BETTERPLAY ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

Notwithstanding the foregoing provisions, each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property.

18. Entire Agreement
These Terms constitute the entire agreement between you and BetterPlay relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

19. Waiver and Severability
Furthermore, no delay or omission by BetterPlay to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by BetterPlay. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

20. Electronic Communications
You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices, or communications between you and BetterPlay may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

21. Mobile Devices
Some mobile devices may not be capable of accessing the App in its entirety. BetterPlay is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the App using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.

22. Force Majeure
BetterPlay shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control.

23. Patches and Updates
BetterPlay may apply patches, updates and modifications to the App and associated software at any time, and features may change after the application of an update. BetterPlay may change, modify, suspend, or discontinue any aspect of any feature or service on the App at any time. BetterPlay may also impose limits on certain features or restrict your access to parts or all of the App and associated software without notice or liability. BetterPlay makes no representation that a feature, the App and/or associated software will work on a particular web browser, version of a web browser or device.

24. Contact
To ask questions or comment about these Terms, we may be contacted at: kozee@betterplaystudios.com.