Terms of Service

Last Updated: September 21, 2020

1. Introduction

The following Terms of Service (hereinafter also “TOS”) of No Guru LTD, 7, Dositheou Street, Para Building, Block B, Office B101, 1071 Nicosia, Cyprus 398069 (hereinafter also “No Guru” or “we” or “us”) govern the use of the No Guru App (hereinafter also “App”) and the contractual relationship between No Guru and you (hereinafter also “user” or “you”). Please read these TOS carefully before using our App. In order to use the App, you must first agree to these TOS.

The applicability of general terms and conditions of users or other contractual partners is excluded. Deviating, conflicting or supplementary terms and conditions of the user or other contractual partners shall only become part of the contract if and in as far as we have expressly agreed to their validity. In addition, the provisions of the terms and conditions of the respective App Stores (Apple App Store, Google Play Store, etc.) (“App Store”), which the user has consented to with the provider of the App Store, shall apply.

We expressly point out that the services offered via the App are no substitute for a diagnosis or medical or psychotherapeutic treatment. If you have suicidal thoughts or need medical help for other reasons, please consult a local doctor or therapist, or in urgent cases contact your local emergency hotline and/or services.

For users located outside of the European Union (“EU”), or the United Kingdom (“UK”), you must be over 13 years of age to use the App, and children under the age of 13 cannot use or register to use the App. EU and UK users younger than age 16 cannot use or register for the use of the App. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these TOS and agree to them for you before you use the App. If you are a parent or guardian and you provide your consent to your child’s registration to the App, you agree to be bound by these TOS with respect of your child’s use of the App.

You agree your purchases and/or use of the App are not contingent on the delivery of any future functionality or features.

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE APP OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT ACCEPT THESE TOS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE APP.

2. Subject Matter of the App and Scope of Services

The App is designed to give you access to a library of practical techniques to reach your psychological and mental well-being through a self-help system. The services are based on: (A) meditation and mindfulness techniques, CBT (Cognitive Behavioral Therapy), Hypnotherapy, Gestalt Therapy, Timeline Therapy and other forms of applied and practical therapy methods and (B) the works of known therapeutic professionals such as Milton H. Erickson, Virginia M. Satir, Gregory Bateson, Steve Andreas, John Grinder, and others, to help you cope with anxiety, stress, depression, migraines, smoking, drinking, negative thinking, grief, PTSD and other psychological or mental health issues. You acknowledge and agree that the services constitute, primarily, a personalized self-help system designed to help you improve your own mental health and well-being, and that if you choose to utilize the services you are solely responsible for deciding which of the suggested methods and techniques you put into practice and how to apply those techniques. The App offers both free and paid options.

Please note: The App cannot replace the diagnosis of a doctor or psychotherapist, it can only prepare and support the path to psychiatric or psychotherapeutic treatment. As such, you acknowledge that No Guru is not a health care provider, and does not provide you with any medical advice.

Any advice or other materials provided through the App are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the App.

If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the App then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through these Services. If you think you may have a medical emergency, call your doctor or local emergency hotline immediately.

3. Your Account

In the course of registering for or using the App, you may be required to provide No Guru with certain information, including your name, email address, a username, and a password (“Credentials”). You are responsible for maintaining and protecting your Credentials in connection with the App. If your contact information, or other information relating to your username or password changes, you must notify No Guru promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify No Guru of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify No Guru immediately.

4. Content and License from You

A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the App by No Guru or its certain selected third parties (the “Content”). While we strive to keep the Content accurate, complete, and up-to-date, we cannot guarantee, and are not responsible for the accuracy, completeness, or timeliness of any the Content.

You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the App. All such information is referred to below as “User Content.”

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which we may suffer) in connection with such User Content.

No Guru may refuse to store, provide, or otherwise maintain User Content for any or no reason and may remove User Content from the App at any time if you violate these TOS or if the services provided on the App are canceled or suspended. User Content that is deleted may be irretrievable. You agree that we have no responsibility or liability for the deletion or failure to store any User Content.

By submitting, posting or otherwise uploading User Content on or through the App, you provide us with a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the App, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose; and

5. Proprietary Rights

You acknowledge and agree that No Guru owns all legal right, title, and interest in and to App and that the App is protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6. License from No Guru and Restrictions on Use

No Guru gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the App and Content provided to you on a device that you personally own or control for your own personal non-commercial use. This license is for the sole purpose of allowing you to utilize the services as a personalized self-help system to help you improve your mental health and well-being and to address mental health issues, in the manner permitted by these TOS.

You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing (e.g., through an open-source software license); or (b) attempt to disable or circumvent any security mechanisms used by the App or any applications running on the App.

You may not engage in any activity that interferes with or disrupts the App (or the servers and networks which are connected to the App). You may not access the App in a manner intended to avoid incurring fees. You may not access the App for the purpose of bringing an intellectual property infringement claim against us or for the purpose of creating a product or service competitive with the App.

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the App in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or No Guru, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

You may not use the App if you are a person barred from doing so under the laws of the United States or other countries, including the country in which you are resident or from which you use the App. You affirm that you are over the age of 13, as use of the App is not intended for children under 13, or if you are located in the EU or the UK, you affirm you are 16 years of age or older.

Use of the App requires third party services and equipment such as a compatible mobile device, internet access, and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the App, including compliance with third-party terms and payment of third party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier) is your responsibility. We are not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third-party services or equipment.

7. Pricing Terms

Subject to the TOS, the use of the App is provided to you without charge up to certain usage limits, and usage over these limits may require purchase of additional resources and the payment of fees. Please see No Guru’s Pricing Terms at https://noguruapp.wixsite.com/noguruapp/pricing-terms for details regarding pricing for access to services on the App.

8. Privacy Policies

Access to the App and its services are provided in accordance with our Privacy Policy, which can be found at https://noguruapp.wixsite.com/noguruapp/privacy-policy. You agree to the use of User Content and personal information in accordance with these TOS and the Privacy Policy.

9. Modification of Services and Termination of Account

You acknowledge and agree that the form and nature of the services provided through the App may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the services will be effective with respect to all versions of the App. You may rescind your agreement to be subject to these TOS at any time by canceling your account on the App. You will not receive any refunds if you cancel your account.

You agree that No Guru, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the services or App may be without prior notice, and you agree that No Guru will not be liable to you or any third party for such termination.

Upon any termination of your account will terminate your obligations under these TOS, except that provisions of these TOS which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

10. Changes to the TOS

These TOS may be amended or updated from time to time without notice. You can determine when these TOS were last revised by referring to the “Last Updated” date at the top of these TOS. It is your responsibility to review these TOS for any changes. By continuing to access or use the App after revisions become effective, you agree to be bound by the revised TOS. If you do not agree to the new TOS, please stop using the App.

11. DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED THROUGH THE APP ARE “AS IS” AND “AS AVAILABLE.”

NO GURU, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO GURU, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR (C) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE.

NOTHING IN THESE TOS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT NO GURU’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

12. LIMITATION OF LIABILITY

SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO GURU, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NO GURU’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE USE OF THE APP IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

13. Indemnification

You agree to hold harmless and indemnify No Guru, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the TOS, (b) your use of the App, or (c) User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

14. Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the App if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent at info@noguru.com or Dositheou, 7, PARA BUILDING, BLOCK B, FLAT/Office B101, 1071, Nicosia, Cyprus.

15. Third-Party Content

The App may include hyperlinks to other websites, as well as content or resources or email content provided by companies or persons other than No Guru (“Third Party Content”). No Guru has no control over such Third Party Content. You acknowledge and agree that we are not responsible for the availability of any Third Party Content, and do not endorse any advertising, products or other materials on or made available through such Third Party Content.

You acknowledge and agree that No Guru is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third Party Content.

16. Third-Party Software

The App incorporates certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licenses for such Third Party Software. Nothing in these TOS limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

17. Miscellaneous

These TOS, as modified from time to time, together with our Privacy Policy and Pricing Terms, constitutes the entire agreement between us and you relating to the use of our App and all related activities. If any part of these TOS is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. These TOS and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these TOS will be the state and federal courts located in the State of New York, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

18. Third-Party Beneficiary

No Guru and you acknowledge that the App Platform Provider and the App Platform Provider’s subsidiaries are third-party beneficiaries to these TOS. Upon your acceptance of these TOS, the App Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third party beneficiary. Aside from the App Platform Provider, there are no third-party beneficiaries to this agreement.

19. Contact Us

If you have any questions about these TOS or if you wish to make any complaint or claim with respect to the App, please contact us at: info@noguru.com. Or Dositheou, 7, PARA BUILDING, BLOCK B, FLAT/Office B101, 1071, Nicosia, Cyprus

When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.