Detache, Inc. ("Detache") provides our website located at https://detache.app (the "Site") and our breakup recovery and personal growth services accessible via our Site and our mobile device application ("App"). To make these Terms easier to read, the Site, our services and App are collectively called the "Services." Please read these Terms of Service (the "Terms") carefully because they govern your use of our Services.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Arbitration Notice
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the "Arbitration" section below, and except for certain types of disputes described in the "Arbitration" section below, you agree that disputes between you and Detache will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Who May Use the Services
Eligibility
You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled "Purchases" below), you must be 18 years or older and capable of forming a binding contract.
Registration and Your Information
If you want to use certain features of the Services you'll have to create an account ("Account"). You can do this via the App or the Site or through your account with certain third-party social networking services such as Facebook (each, an "SNS Account"). If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services
Via the Services, users can track their healing progress and emotional recovery, and use a variety of tools and resources to transform their breakup into personal growth. Users can also use the upgraded paid functionality of the Services to obtain guidance and support from AI-powered coaching features. The enhanced functionality of the Services or purchase items that are offered for sale through the Services (the "Products"), as described in further detail under the Section titled "Purchases" below.
You understand and agree that the Services, Products and any other information you learn from Detache are not intended, designed, or implied to diagnose, prevent, or treat any mental health condition or disease, to ascertain the state of your mental health, or to be a substitute for professional medical or psychological care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
Purchases
Fees
Detache offers certain enhanced features of the Services which you can purchase as a monthly or yearly subscription ("Subscription"). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a "Transaction"), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Detache may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an "App Provider"), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.
You'll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Detache until accepted and confirmed by Detache. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Detache.
Detache reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Detache deems appropriate in its sole discretion. Detache also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Detache will either not charge you or refund the charges for orders that we do not process or cancel.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged: For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at support@detache.app. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscriptions
Detache reserves the right to change its pricing terms for Subscriptions at any time and Detache will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Detache's pricing terms then you may choose not to renew your Subscription in accordance with the section "Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription."
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Detache Content and Marks
The Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. We do not sell, license or share any Content controlled or owned by Detache unless specifically agreed to by us in writing or as specifically permitted in these Terms. All right, title and interest in and to the Content and marks that appear on the Service are owned by us or the applicable third party that provided the Content and marks to us. Such Content and marks are protected by copyright, trademark, patent, trade secret and other laws and all such rights are reserved by the respective owners. You acknowledge and agree that the Services and Content, including all associated intellectual property rights, are the exclusive property of Detache and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
User Content
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Content Restrictions
You may not create, upload, submit, post, display, transmit or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party's consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files; and
- Is, in our sole judgment, objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Detache or its users to any harm or liability of any type.
Enforcement of Content Restrictions
We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Detache shall not be liable for any damages you allege to incur as a result of User Content.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at support@detache.app. You acknowledge and agree that all Feedback will be the sole and exclusive property of Detache and you hereby irrevocably assign to Detache and agree to irrevocably assign to Detache all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Detache's request and expense, you will execute documents and take such further acts as Detache may reasonably request to assist Detache to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Indemnification
You agree to defend, indemnify and hold harmless Detache and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password, b) a breach of these Terms, or c) Content posted on the Services.
No Warranty
The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Detache and/or its suppliers may make improvements and/or changes in the Services at any time. Detache and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Detache and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Detache and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Detache or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Services.
Termination
These Terms shall remain in full force and effect while you use the Services. YOU MAY TERMINATE YOUR USE OR PARTICIPATION AT ANY TIME, FOR ANY REASON, BY FOLLOWING THE INSTRUCTIONS FOR TERMINATING USER ACCOUNTS IN YOUR ACCOUNT SETTINGS (IF AVAILABLE) OR BY CONTACTING US AT support@detache.app. Detache may terminate or suspend your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if Detache reasonably believes: (a) you have violated these Terms or our Community Guidelines, (b) you create risk or possible legal exposure for Detache; or (c) our provision of the Services to you is no longer commercially viable. Detache will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Detache Content and Marks, User Content, Content Restrictions, Enforcement of Content Restrictions, Feedback, Indemnification, No Warranty, Limitation of Liability, Termination, and General Terms.
Dispute Resolution
Generally
In the interest of resolving disputes between you and Detache in the most expedient and cost effective manner, you and Detache agree that any and every dispute arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DETACHE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions
Notwithstanding the above, this Dispute Resolution section shall not apply to the following types of claims or disputes, which you or Detache may bring in any court with competent jurisdiction: (i) claims related to or arising from any alleged unauthorized use of the Services, infringement or violation of Detache's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) claims related to or arising from any alleged theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. For any such excepted claim or dispute, you agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in San Francisco, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Arbitration Agreement
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between Detache and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Detache and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Detache's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Detache may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Detache under these Terms, including those regarding modifications to these Terms, will be given: (i) by Detache via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Detache's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Detache. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact Detache at support@detache.app.