Terms of service
Last modified 13 September 2021
Welcome to myala
myala is a website (the “Website”) and a mobile application (the “App”), collectively referred to as the “Services” in this document. The Services are provided by Flourish Labs LLC (“Flourish Labs”, “we” or “us”), a technology company whose mission is flourishing minds for all. You can read more about Flourish Labs at https://flourishlabs.net/.
This is a contract between you (the “User”) and Flourish Labs. Our Terms of Service (“Terms”) govern your use of our Services. Please read them carefully before using our Services.
Agreement to Terms
By clicking on the “Agree” button in the App and/or using our Services, you have read and understood these Terms and agree to be bound by them. If you don’t agree to be bound by these Terms, you may not use the Services.
Privacy Policy
Our Privacy Policy explains how we collect information about you when you use our Services, when you contact our customer service team, engage with us on social media, or otherwise interact with us. It also explains how we use and process your information, how we may share it, and how you can update and delete your information.
You can view our Privacy Policy at: https://myala.app/privacy
By clicking a button marked “Agree” in the App and/or using our Services, you acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to the Terms
We may modify the Terms from time to time, at our discretion. If we do so, we’ll let you know by posting the modified Terms on the Website or through other commercially reasonable efforts to communicate the modifications, including by updating the ‘last modified’ date at the top of this page. If you continue to use the Services after we have posted modified Terms on the Website, 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 continue to use the Services.
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 Agreement” section below, and except for certain types of disputes described in the “Arbitration Agreement” section below, you agree that disputes between you and Flourish Labs 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.
Using the Services
Eligibility
You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. You may not use the Services if you have been removed from the Services by Flourish Labs.
Limited license to use the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the Services for your own personal, non-commercial purposes only. Some of our Services include downloadable software, e.g. our App. We give you permission to use that software as part of the Services. This includes downloading and installing a copy of the App on a mobile device that you own or control and to run the App under the “Terms for Apps” specified below. We reserve all rights in our Services and our Content (as defined in the “Content” section below) not expressly granted to you under these Terms. We may terminate this license at any time, for any reason or no reason.
User account and your information
Your user account on the Services (“Account”) gives you access to the Services and functionality that we may change from time to time and in our sole discretion. You can set up your Account via the App. 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’re responsible for all activities that occur under your Account, whether or not you know about them. You must notify us immediately of any breach of security or unauthorized use of your Account. You may not use another User’s Account without permission.
Flourish Labs will not be liable for any losses caused by any unauthorized use of your User Account.
You can update your User profile and how you interact with the Service by changing the settings in the Your Settings section.
Service-related Communications
To provide you with our Services, we sometimes send you notifications, service announcements and other information via the App, by SMS or email. To learn more about how we communicate with you, see our Privacy Policy at https://myala.app/privacy/.
Not medical care.
The Services are wellness products that are intended to help you track, maintain and encourage a state of good mental health and flourishing. You understand and agree that the Services are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health as it would be assessed by a medical professional, or to be a substitute for professional medical care. You understand and agree that you are solely responsible for your use of the Services.
Third party resources.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for any of the third party content, products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. You understand that our Terms and our Privacy Policy do not apply to your use of such third-party websites or resources. You expressly release us from any and all liability arising from your use of linked third-party websites or resources.
Changes to the Services
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. We may create usage limits. We may permanently or temporarily terminate or suspend your access to the Service for no reason or any reason, including if we determine that you violate any provision of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Location
The Services are controlled and operated from facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback via the Feedback form in the App, or at https://myala.app/contact/
If you choose to give us Feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. By submitting any Feedback, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon the Feedback, and otherwise exploit the Feedback for any purpose.
Content
For purposes of these Terms, “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. “User Content” means any Content that users (including you) provide to be made available through the Services, such as things that you write, upload, submit, store, send, receive, or share with us using our Services.
Your User Content and permission for us to use your User Content
You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. Your content remains yours, which means that you retain any intellectual property rights that you have in your content. We take no responsibility and assume no liability for any User Content that you or any other User or third party makes available over the Services.
By providing or sharing your User Content through the Services, you give us permission to use your User Content. You grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, and distribute your User Content.
This license is for the limited purpose of operating and providing the Services and Content to you and to other Users, and developing new technologies and Services. This includes using automated systems and algorithms to analyze your User Content.
Certain portions of the Service may allow other Users to view or otherwise interact with your User Content or derivatives of it, with your explicit permission. When you give your permission via the App settings to share your User Content with other Users, you agree to allow other Users to view and/or interact with your User Content in accordance with your settings and these Terms.
Flourish Labs Content and permission for you to use our Content
Except for your User Content, all Content belongs to Flourish Labs. You may use our Content as allowed by these Terms, but we retain any intellectual property rights that we have in our content. You agree not to remove, obscure, or alter any of our branding, logos, or legal notices.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free and freely revocable license to download, view, copy and display our Content solely in connection with your permitted use of the Services, and for your personal and non-commercial purposes only.
Prohibitions
You agree not to do any of the following:
Copy, distribute, modify, sell or lease any part of our Services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so.
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Access any content on the Services through any technology or means other than those provided or authorized by the Service;
Bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Content;
Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Flourish Labs or other generally available third party web browsers; except that Flourish Labs grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
Use any meta tags or other hidden text or metadata utilizing a Flourish Labs trademark, logo URL or product name without our express written consent;
Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services or attempting to probe, scan, or test the vulnerability of any Flourish Labs system or network or breach any security or authentication measures;
Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Interfere with, or attempt to interfere with, the proper working of the Services, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other Users of the Services without their consent;
Impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
Violate any applicable law or regulation.
Monitoring and Content removal
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right (but not the obligation) to remove any User Content that is shared via the Services.
We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.
Terms for Apps
Some of our Services include downloadable software, e.g. our App. To use our App you must have a mobile device that is compatible with the App. Flourish Labs does not warrant that the Apps will be compatible with your mobile device. You may use mobile data in connection with the Apps and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. We reserve all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
You acknowledge that we may from time to time release updated versions of the App and may automatically electronically update the version of the App that you are using on your mobile device. You consent to automatic updates on your mobile device, and agree that these Terms will apply to all such upgrades. If you wish to disable automatic updates, you can change your settings in the Google Play or Apple App Store.
Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Services.
Apps from Apple App Store
The following applies to any Apps you acquire from the Apple App Store (“Apple-Sourced Software”):
You acknowledge and agree that this Agreement is solely between you and Flourish Labs, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Flourish Labs as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Flourish Labs as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Flourish Labs, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Flourish Labs acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Apps from Google Play Store
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Flourish Labs only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Flourish Labs, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Flourish Labs’ Google-Sourced Software.
Warranty disclaimer, indemnity and limitation of liability
The Services are provided on an “as is” and “as available” basis, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Use of the Services is at your own risk.
To the extent allowed by applicable law, you’ll indemnify Flourish Labs and its affiliates, and its and their respective officers, directors, employees, contractors and agents for any third-party legal proceedings arising from: (i) your use of and access to the Services or Content, or (ii) your violation of these Terms.
This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. We won’t be responsible for the following liabilities: loss of profits, revenues, business opportunities, goodwill, or anticipated savings, indirect or consequential loss, punitive damages. Our total liability arising out of or relating to these terms is limited to US$50. The limitation of liability under this section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Flourish Labs has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from place to place. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
Dispute Resolution
Governing Law
California law will govern all disputes arising out of or relating to these terms, regardless of conflict of laws rules.
You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 10.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration Agreement
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Flourish Labs.
This Section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Flourish Labs that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Flourish Labs, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
If you are a new myala User, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Flourish Labs at https://myala.app/contact/ with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at https://myala.app/contact/ and attempt to resolve the dispute with us informally. In the unlikely event that Flourish Labs has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless you and Flourish Labs agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Flourish Labs agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Flourish Labs from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used the services the services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. you and flourish labs agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other Flourish Labs Users. You and Flourish Labs further agree that, by entering into this agreement, you and Flourish Labs are each waiving the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member.
Contact information
If you have any questions or comments about these Terms or the Services, please contact us via this form: https://myala.app/contact/
Change log/updates to this document
13 September 2021: Made small changes to indemnity clause to include affiliates/contractors, clarified what limitation of liability applies to.
24 August 2021: Posted Terms of Service
