Terms of Use
16 November, 2022
Welcome to Unforged! Our legal name is 'Kidz About Network Ltd'. We are called "we", "us", "our", or "Unforged" in these Terms of Use.
We talk about our website (https://unforged.net) (the "Site") and our mobile application (the "App") (and anything we might provide in the future) together as Unforged or as our "Platform".
These Terms of Use ("Terms") govern your use of our website (https://unforged.net) (the "Site") and our mobile application Unforged (the "App"), and the software, content, and services (and anything we might provide in the future) (collectively, "Services").
Please read these Terms carefully before you start using the Platform.
Unforged provides digital life and mental wellness coaching support in the form of automated evidence-based support, advice and tools, and other curated content to assist people (“Customers” or “you”) with developing life-coping and stress-management skills, build positive mental habits, i.e. resilience, self-confidence and self-esteem, provide support in the moment of concern or worry, relieve symptoms of stress, and improve mental health.
When you sign up for any of the Services or otherwise use or access them, you confirm that you have read, understood, and agreed to these Terms of Use and to the collection and use of your Information as set forth in the Privacy Policy, and any other policies as may be applicable to you whether or not you are a registered User. These Terms of Use, Privacy Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”. For further Information regarding the use of your data, please read Our Privacy Policy.
If you do not agree to these Terms, please refrain from using the Platform.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND UNFORGED AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND UNFORGED WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
What is Unforged App?
Unforged provides digital life and mental wellness coaching in the form of automated evidence-based support, advice and tools, and other curated content to assist with developing life-coping and stress-management skills, build positive mental habits, i.e. resilience, self-confidence and self-esteem, provide support in the moment of concern or worry, relieve symptoms of stress, and improve mental health.
Unforged offers self-help support and assistance to manage emotional wellbeing via a virtual AI-based system (“Unforged Journal”), which is executed via question-answer communication.
Your Interaction with Unforged Journal is with an artificial intelligence system and not a human. Artificial Intelligence is restricted in the means of response, and the intended usage of the app is for providing support via evidence-based tools and techniques to manage emotions and encourage mental wellness, as an early intervention tool in a self-help or self-monitoring context.
You make the choice of using the Journal, based on Your own estimate of need, and agree that it is only suitable for basic self-help. It is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability. The Journal cannot and will not offer advice on issues it does not recognize. The App helps you learn how to understand and manage your thoughts and emotions and learn context-sensitive evidence-based techniques that can help You feel better.
The Platform is not intended for use in crises such as abuse or complex or severe mental health conditions, or for any medical emergencies; Unforged cannot and will not offer medical or clinical advice. It can only suggest that the user seeks advanced (medical) help.
The App is not suitable for children under 13 years old, or for users with severe mental conditions or disorders.
Unforged is not approved as a medical device and is not intended to diagnose, treat, cure or prevent any disease or condition. Accordingly, we do not provide any warranty or representation with respect to the suitability of the Platform for treating any medical condition. Unforged has not sought or received any rulings from the UK Medicines and Healthcare products Regulatory Agency ("MHRA") as to the safety or effectiveness of the Application for medical purposes.
If you are having suicidal thoughts or planning to act on suicidal thoughts, or if You feel that You may be a danger to Yourself or to others, or if You otherwise have any medical or mental health emergency or severe mental health condition, or if You are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in Your country and notify the police or emergency medical Services. If you ever feel unwell while using the Services, consult a doctor as soon as possible.
The App is available for iOS mobile system.
Use of the Platform does not create a physician-patient relationship.
When and if you use the Platform, you do so voluntarily and at your own risk. You acknowledge that we may share tools and suggestions with you. These suggestions provide life coaching support and are rooted in evidence based psychological practices, they are not intended as direct advice.
While there is third party scientific evidence that certain conversation techniques implemented in Unforged can assist for a wide array of conditions, Unforged makes no claims, representations or guarantees that the Services provide a therapeutic benefit.
Medical Disclaimer
Unforged is a provider of software and content, designed to assist with managing daily stress and improve emotional wellbeing. Unforged is not a healthcare or medical device provider, and should not be considered medical care, mental health service or other professional service. Unforged is not designed to assist with crises such as abuse, severe mental health conditions, or any other medical emergencies. Unforged cannot and will not offer medical or clinical advice. It can only suggest that users seek professional medical help. Pease reach out to your region-specific hotline in case of emergency.
You must be at least 18 years old to create an Unforged account. If you are between 13 and 18 years old, please read these Terms of Use and Privacy Policy together with your parents or a legal guardian to understand eligibility before use. Unforged is not designed to be used by children under 13.
Emergencies
Unforged is not designed to handle emergency situations, medical or otherwise. It is not designed to assist with crises such as abuse, (severe) mental health conditions, or any other events which require professional support and/or may cause feelings of suicide, self-harm.
If you are experiencing a mental health emergency, please immediately call your local emergency number (Samaritans)
If you feel you are in danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.
Minimum Eligibility Criteria for Using Unforged
If you are under 13 years of age, you are not authorized to use the Services, with or without registering. You must be at least 18 years of age to create an account on our Platform. If you are under 18, please read the Privacy Policy and the Terms of Use with your parent or legal guardian or check with your organization to understand eligibility before use. In addition, if you over 13 but under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian.
By using our Platform, you are confirming that you meet this requirement. If it is reported to us, or we find out, that a child is using the Services, we will close the account and notify that the Services not available to children at present. Additional eligibility criteria may apply to parts of our Platform. You must ensure you satisfy the minimum eligibility criteria before registering with the Platform. If you register, you confirm to us that you do meet the minimum eligibility criteria.
Use by Organisations
An organisation, school, university, company or other public or private organisation (“Organisation(s)”) may offer Unforged to their employees and members. These Organisations may also replace certain Service(s) or integrate their own Services within the App or request Unforged Journal outside the App. In such a case, the employees and members are also User(s) of the Platform. In case where the terms of an Organisation(s) and their Privacy Policy apply to the use of the Platform, and in the event of any conflict with such additional Terms and Privacy Policy, this Agreement shall prevail.
Accessing the Platform
To use our Platform, you must download the App and set up an account by completing an Account registration process on our App ("Account") or on one of registration pages. You need to provide us with accurate, complete and up-to-date information, like Your month and year of birth and email address. Registration data is governed by our Privacy Policy.
Please refrain from using Your real name and register with a nickname or an alias instead.
If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if we have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You only need to register once.
We want members of the Unforged community to feel safe expressing themselves. One way we do this is by restricting access to the platform and its hosted content. Registrations and log-ins to the Platform require multi-factor authentication using a randomly generated code provided via email. In addition to these temporary codes, You are required to specify a private, 5-digit PIN at the time of registration, which will be used in addition to the multi-factor authentication code to verify You within the platform. Note that You are not allowed to access the Platform using an account that does not belong to You. You are responsible for maintaining the security of Your account credentials. If you have reason to believe Your account credentials have been compromised, please contact Unforged immediately.
At this time, only individuals who are older than 13 years of age and younger than 25 years of age may access the App. During registration, you will be required to provide Your age and allow us to verify it using third-party face recognition technology. Any image provided for purposes of age-verification will be deleted immediately upon verification.
Your Account will give You access to the Services and functionality that we may establish, maintain and modify from time to time and in our sole discretion.
You acknowledge and agree that You are solely responsible for all use You make of the Services and for the activity on Your Account. You must keep Your Account and Account pin secure, You must notify us immediately of any breach of security, unauthorised access to Your Account or Journal records, or any other data. Unforged will not be liable for any losses caused by any unauthorized use of Your Account.
You may never use another User's Account.
You may not access the Platform if you have been suspended or permanently banned due to a violation of this Agreement or other inappropriate uses of the Platform.
You are prohibited from creating multiple accounts. A suspension or ban from the Unforged platform may not be circumvented by creating a new Account.
You may not access the Platform if it is prohibited to do so by law in your country of residence.
Prior to gaining access to the Platform, you must read and accept our Privacy Policy and Terms of Use. You must also acknowledge our Medical Disclosure.
User Content Policy
Unforged provides users the opportunity to share hobbies and interests and express themselves in a number of ways via the Platform. The Platform may, either now or later, allow Users to post content such as profile Information, videos, photos, comments, and other content or information a User may submit, post, display, or otherwise make available ("User Content" or “Content”). While we support freedom of expression, we also have a responsibility to keep our Users and any individuals associated with them safe from harm, both intentional and unintentional.
You are solely responsible for all information, video, images, data, text, music, sound, photographs, graphics, messages or other Content that You upload, post, publish, display or otherwise share via the Platform. By sharing Content through the Platform, You agree to allow others, in accordance with this Agreement, to view, save, and/or share Your User Content. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the content from the Platform, suspending or terminating the accounts of the violators and reporting them to the law enforcement authorities.
You agree not to display or share any User Content that:
- contains personally identifying information of yourself or other individuals, whether they are users of the platform or not;
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness;
- attempts to impersonate any individual or organization;
- contains nudity or sexualization;
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, or invasive towards humans, animals, and/or any individual or a group;
- contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or may be deemed as such;
- seeks to harm or exploit children, exposing them to inappropriate content, displaying or asking for personally identifiable details or otherwise;
- is distributed for commercial purposes without explicit prior approval and/ or constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- you do not have sole ownership of or permission to distribute and/or do not have a right to upload under any law or under contractual or fiduciary relationships of any country;
- directs a user outside of the platform (e.g., links, QR codes, obfuscated text).
- infringes any, including Our own, Intellectual Property Rights or other proprietary rights of any party;
- is shared for the purpose of violating or facilitating the violation of academic integrity/ethics (e.g., solution manuals, unreleased education syllabi).
- or in the sole judgment of Unforged, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose Unforged or its users to any harm or liability of any type;
In connection with your User Content, You affirm, represent and warrant the following:
- You have the consent of each and every identifiable natural person in the User Content to use such a person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
- Your User Content and its use by Unforged as outlined by this Agreement will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy rights.
Unforged takes no responsibility and assumes no liability for any User Content that You or any other User or third-party posts. 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 online publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Unforged shall not be liable for any damages or injury or losses You might incur as a result.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
User Conduct
To preserve the platform’s integrity, functionality, and overall accessibility, We explicitly prohibit certain interactions with the Platform. Below is a non-exhaustive list of what You cannot do when interacting with the Platform:
- You may not attempt to access another User’s Account or any private aspect of the Platform or its associated computing and networking systems.
- You may not attempt to interfere with the functionality and/or service of the Platform. For example, via a DoS attack or by hacking the platform’s computing and networking infrastructure.
- You may not attempt to upload or distribute worms, viruses, or malicious code intended to interfere with the platform or its security features.
- You may not scrape, crawl, and/or cache information hosted on or served by the Platform.
- You may not commercially exploit the Platform without prior written approval.
- You may not copy, alter, or reverse engineer any part of the Platform or its associated computing infrastructure.
- You may not access the Platform for the purpose of building a similar or competitive product or service.
- You may not distribute content on our Platform that violates our User Content Policy (see above).
- You may not use the Platform to replace and/or supplement licensed medical care. You must acknowledge our medical disclosure prior to using the Platform.
Additionally, You agree to not use the Platform to:
- Violate any applicable local, state, national or international law, or any regulations having the force of law;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Solicit personal information from anyone under the age of 18;
- Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- interfere or disrupt content by other User(s);
- to copy, share, or use personal identifying or business contact Information about other Users without their express permission.
You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Unforged reserves the right, but is not obligated, to reject and/or remove any User Content that Unforged believes, in its sole discretion, violates these provisions.
As a rule of thumb when deciding whether content will violate this policy, we encourage you to ask yourself whether the content you are proposing to distribute on the Platform would be appropriate to share with a close friend, teacher, or family member.
Please note that content found to be in violation of this policy is subject to removal from the platform. All violations will be considered on an individual basis when determining whether subsequent action (e.g., suspension, account deletion) is warranted.
We have a zero-tolerance policy for abuse.
We reserve the right to disable your Account, at any time, if we think you have not complied with any part of these Terms.
User Content License Grant
By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant to Unforged a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.
You maintain ownership and personal liability of all content posted to the platform. However, You grant Unforged a perpetual, transferable, royalty free license to collect, host, display, transmit, modify, and otherwise use your content posted to the platform. In accordance with Our Privacy Policy, Your content will not be shared with individuals whom you do not explicitly grant access. Unforged unequivocally does not endorse the views or content shared by users on the platform.
Unforged does not guarantee the accuracy, completeness, or adequacy of the content hosted on the Platform, whether contributed by users or by the platform itself. Users are solely responsible for exercising any and all decisions made using information provided by the platform.
Use of User Content
Unforged conducts research on the Platform. All data including User Content if any is anonymized before use for research purposes. This research looks at how some activities on the Platform (Unforged Journal) impact mental well-being measures. Unforged may use User Content and other data collected from the User in accordance with the Agreement for the purpose of this research. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.
Storage of Your User Content
You agree that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that content will be retained by the Services and the maximum storage space you may be allocated. You agree that Unforged has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded onto the Services.
You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that We reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
About Unforged Journal:
- Unforged Journal is a Subscription Service provided by the Platform;
- Unforged Journal uses text-based messaging, based on various evidence-based psychological and lifestyle coaching techniques, to assist Users with managing daily stress, strengthen their resilience and self-esteem, and improve life satisfaction. It is not a replacement for human support or face-to-face therapy, and/or does not provide a diagnosis, prognosis, treatment or a cure for a disease/condition/disorder or disability, and/or does not provide any type of state-regulated mental health services in Your country of residence. The underlying principle of Unforged Journal is that we all have inner ability to make changes in our lives.
- Based upon the Information that You provide, Your personal circumstances or a situation, Unforged Journal will provide recommendations on how to manage the situation, including mindfulness tools, techniques and exercises, all drawn from evidence-based practices. However, such Information is for Informational purposes only and should not be construed as professional advice. You have the right to agree or disagree with Unforged Journal recommendations;
- Unforged does not provide any medical, psychiatric, or other professional health care advice. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.
- Unforged is not a crisis or emergency Service. If at any time You experience an emergency, medical or otherwise, please immediately reach out to the emergency contact in Your local region.
- We urge You not to share any personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or any medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when You use Unforged Diary;
- We urge You to provide an alias or a non-personally identifiable nickname, or User name when registering for the Platform.
- Your Journal entries are available for Your reference within the Platform. You can always delete this data via the “Delete my account” option in the App settings at any time.
- The monthly fee for the Platform will be indicated in the App at the time of purchase (“Fees”). We may revise and change the Fees at our discretion. We reserve the right to discontinue the Services upon non-payment of Fees. Fees are payable through Apple iTunes , or other payment mechanisms as we may introduce in our discretion from time to time, prior to the time the Services are rendered;
- Your Subscription will be automatically renewed until it is cancelled. It is solely Your responsibility to cancel, which can be done at any time via Apple iTunes ;
- The App may offer in-app promotions from time to time such as free trials, discounts or upgrades for a limited time period.
- We use anonymized data for research and statistical purposes to improve Our Product and Services and contribute to the development of user-centered best practices for mental wellbeing globally. Please refer to Privacy Policy on how we handle Your data;
We reserve the right to modify, discontinue or terminate, temporarily or permanently, any Services we provide via the Platform, with or without notice. You agree that We shall not be liable for any losses or damages or injury that may result from using and/or discontinuing to use the Service.
Platform Services depend on various factors such as software, hardware and communications networks, its contractors and sub-processors. We do not guarantee that the Service will be uninterrupted or that it will be timely, secure or error-free;
All conversations and data obtained during the course of the Service is confidential. The storage, use, security of the Information is governed by the Unforged Privacy Policy and Terms of Use;
You understand that the use of technology is not always secure and You accept the technology risks during use of Your mobile device. You will follow good security practices during digital use including but not limited to setting a PIN to protect access, not sharing this with anyone, and not leaving your phone or chats unlocked for others to see. You understand and agree that safe use is Your responsibility, and Unforged will not be responsible in any event arising out of unauthorized access to Your chats or other data;
You agree and authorize Us to collect and process Your data in accordance with the terms of our Privacy Policy;
If You have any questions, concerns or complaints, please contact Us at yourfriends@unforged.net We may ask additional information from You to accommodate Your request. Please note that We may require to verify You before responding to any requests to exercise Your rights;
WE OR UNFORGED MAY DISCLOSE YOUR DATA IF WE REASONABLY BELIEVE THAT DISCLOSURE IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENT AND/OR AUTHORITY;
Our Proprietary Rights
Except for Your User Content, the Services and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (“Unforged Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Unforged. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license.
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Unforged Content. Use of Unforged Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The Service is for your personal use only. Unless otherwise expressly authorised herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
You may choose or We may invite You to submit comments or ideas about the Services, including without limitation about how to improve the Services or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Unforged under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Unforged does not waive any rights to use similar or related ideas previously known to Unforged, or developed by its employees, or obtained from sources other than You.
Warranty, Indemnity and Liability
Indemnity and Release
You agree to release, indemnify and hold Unforged and its affiliates, officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including any attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Services, any User Content, Your connection to the Services, Your violation of these Terms of Use or Your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNFORGED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO:
DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
- OR ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL UNFORGED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED BRITISH POUNDS (£ 100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE TO USE THE SERVICES.
Warranty Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
UNFORGED MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Arbitration Clause
Dispute Resolution by Binding Arbitration
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Clause." You agree that any and all disputes or claims that have arisen or may arise between You and Unforged, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Clause, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms of Use, You and Unforged are each waiving the right to any trial and/or action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
The Arbitration Act governs the interpretation and enforcement of this Arbitration Clause.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND UNFORGED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND UNFORGED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM (S).
Pre-Arbitration Dispute Resolution
Unforged is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at yourfriends@unforged.net
If such efforts prove unsuccessful, a party, intending to seek arbitration must first send, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Unforged should be sent to yourfriends@unforged.net ("Notice Address"). The Notice must:
- describe the nature and basis of the claim or dispute and
- set forth the specific relief sought.
If the parties do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Unforged may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Unforged or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Unforged is entitled.
Arbitration Procedure
Arbitration will be conducted by a neutral arbitrator in accordance with the London Court of International Arbitration ("LCIA") rules and procedures, For information on the LCIA, please visit its website www.lcia.org.
If there is any inconsistency between any term of the LCIA Rules and any term of this Arbitration Clause, the applicable terms of this Arbitration Clause will prevail, unless the arbitrator determines that the application of the inconsistent Arbitration Clause terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would.
All issues are for the arbitrator to decide, including, but not limited to:
- issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Unforged and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the LCIA.
Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written statement to explain the essential findings and conclusions, on which the award is based.
Arbitration Fees
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the LCIA Rules, unless otherwise provided in this Arbitration Clause. Each party will pay their portion of the Arbitration Fees.
Any payment of attorneys' fees will be governed by the LCIA Rules.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Unforged Journal is provided on an "as is" and "as available" basis. You understand and agree that the use of Unforged Journal is based on Your own best judgment and at Your own risk. To the maximum extent permitted by applicable law, Unforged Journal is provided without warranties of any kind, whether express or implied.
Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with Our obligations under this Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Unforged, in whole or in part, without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices on the Platform.
Notification Procedures and Changes to the Agreement
Unforged may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email, text, written notice, or through posting of such notice on Our website, as per our sole discretion. Unforged reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Unforged is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Unforged may, in its sole discretion, modify or update this Agreement from time-to-time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new Terms of Use. If You do not agree to any of these Terms or any future Terms of Use, do not use or access (or continue to access) the Services.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
By using the Platform, you expressly agree not to disclose or communicate any proprietary Information about the Platform, its practice, materials, or methods to any third parties.
Privacy, Security, and Cookie Policy
Unforged may use your data to improve the platform’s user experience (e.g., enhance personalized recommendations, identify and address stability issues). All data is securely stored and processed within the European Economic Area (EEA). In the unlikely event of a data breach, you will be promptly notified of the nature of the breach and provided any relevant recommendations for mitigating personal harm.
At no time will your data be shared with unauthorized third parties for the purpose of tracking, profiling, or advertising. Furthermore, your data will not be shared with any law enforcement agencies except in the most extenuating circumstances (e.g., your physical safety or the physical safety of other individuals is at risk). If your information is shared externally or Unforged transfers the license of your data to another stakeholder, you will be notified as such.
In accordance with laws set forth by GDPR, at any time you may:
- Request a copy of any data collected regarding your use of the Platform;
- Delete your account and all data associated with your use of the Platform.
For a complete description of how we may use your data, please refer to our privacy policy and cookie policy. By using the Services, you consent to our collection and use of personal data as outlined therein.
General Conditions
Termination
You agree that Unforged, in its sole discretion, may suspend or terminate Your Account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Unforged believes that You have violated or acted inconsistently under these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities.
Unforged may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Unforged may immediately deactivate or delete Your Account and all related information and files in your Account and/or bar any further access to such files or the Service.
Further, you agree that Unforged will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with other users in connection with the Service. Unforged will have no liability or responsibility with respect thereto. Unforged reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Violations to the Terms of Use
Failure to abide by any part of this Agreement may result in either a suspension or permanent ban from the Platform. In any circumstance, you will be provided a reasonable opportunity to appeal judgements which revoke access to the Platform. If you waive your appeal or are still found after appeal to be in violation of the terms, you are not entitled to any monetary compensation for loss of access to the Platform. A record of all violations will be maintained in perpetuity, regardless of any request to delete one’s account.
Furthermore, if you registered for the Platform through one of our partner organisations and are found to be in violation of this Agreement, please be aware that the partner organisation will be notified of the nature of your violation and the response taken by Unforged
Modifications to the Platform
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Unforged will not be liable to you or to any third party for any modification, suspension or discontinuance of any of the Services.
Governing Law
These Terms of Service will be governed by the laws of England and Wales without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Unforged agree to submit to the personal and exclusive jurisdiction of the state courts located in England and Wales. Failure of Unforged to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a courtof competent jurisdiction to be invalid, the remaining provisions of these Terms of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Entire Agreement/Severability
This Terms of Use, together with any amendments, policies and any additional agreements between You and Unforged govern You use of the Services, supersede any prior agreement between you and Unforged, and constitute the entire agreement between You and Unforged concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.
Do You Have Any Additional Questions, Comments or Concerns?
If You have any questions, comments, or concerns about this Agreement or practices, please contact us at yourfriends@unforged.net