Baseline
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Terms of Service
Last Updated: December 8, 2024
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Baseline ("we," "us," or "our") concerning your access to and use of the Baseline mobile application (the "App").
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
Health Information Disclaimer
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY
The information provided in this App is for general informational and educational purposes only and is not intended as medical, psychological, or professional health advice.
Baseline is NOT:
A substitute for professional medical advice, diagnosis, or treatment
A mental health treatment service
A crisis intervention service
Operated by licensed healthcare providers
You should:
Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical or mental health condition
Never disregard professional medical advice or delay in seeking it because of information provided by this App
Contact emergency services or a crisis helpline immediately if you are experiencing a mental health crisis
We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any health information provided through the App. Any reliance you place on such information is strictly at your own risk.
Eligibility
You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
User Accounts
Account Creation
To use certain features of the App, you must create an account. You agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized access to your account
Account Responsibility
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
Acceptable Use
You agree not to:
Use the App for any unlawful purpose
Attempt to gain unauthorized access to the App or its systems
Interfere with or disrupt the App's functionality
Upload or transmit viruses or malicious code
Collect or harvest user information without consent
Use the App to harass, abuse, or harm others
Impersonate any person or entity
Use the App in any way that could damage our reputation
Reverse engineer, decompile, or disassemble the App
Intellectual Property Rights
Our Content
The App and its original content, features, and functionality are owned by Baseline and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent.
Your Content
You retain ownership of any content you create within the App (such as journal entries). By using the App, you grant us a limited license to store and process your content solely to provide the App's services to you.
Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.
Modifications to the App
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.
Termination
By You
You may stop using the App at any time and request deletion of your account by contacting us.
By Us
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Effect of Termination
Upon termination, your right to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR COMPLETENESS OF CONTENT
WE DO NOT WARRANT THAT:
THE APP WILL BE UNINTERRUPTED OR ERROR-FREE
DEFECTS WILL BE CORRECTED
THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
THE APP WILL MEET YOUR REQUIREMENTS
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
IN NO EVENT SHALL BASELINE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
LOSS OF PROFITS
LOSS OF DATA
LOSS OF GOODWILL
SERVICE INTERRUPTION
COMPUTER DAMAGE OR SYSTEM FAILURE
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Baseline and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of the App
Your violation of these Terms
Your violation of any rights of another party
Any content you submit to the App
Dispute Resolution
Informal Negotiations
Before initiating any formal dispute resolution, you agree to first contact us at alex@getbaseline.io to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days.
Binding Arbitration
If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the laws of Australia. The arbitration shall be conducted in Sydney, New South Wales, Australia.
Exceptions to Arbitration
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
Class Action Waiver
YOU AND BASELINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by:
Posting the updated Terms in the App
Updating the "Last Updated" date
Sending you a notification (for material changes)
Your continued use of the App after any changes constitutes acceptance of the new Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Baseline regarding the App and supersede all prior agreements and understandings.
Contact Us
If you have any questions about these Terms, please contact us at:
Email: alex@getbaseline.io