These terms and conditions ("Terms", "Agreement") are an agreement between EQally ("EQally", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the EQally mobile application and any of its products or services (collectively, "Mobile Application" or "Services").Read further...
Creating an account in the EQally application is not compulsory. However, if you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Some Services are offered on a free demo basis, others require an immediate payment or a promotion code. Sensitive and private data exchange between the Mobile Application and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application, which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.
This Agreement does not transfer to you any intellectual property owned by EQally or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with EQally. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of EQally or EQally licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any EQally or third-party trademarks.
Any attempt to copy or extract App assets including test images will result in permanent blocking of access to the services with no refunds right and may be followed by legal actions.
The Paul Ekman Group or Paul Ekman International is not affiliated, associated or connected with this app nor has it endorsed or sponsored this app. Further, the Paul Ekman Group or Paul Ekman International has not licensed any of its intellectual property to the owners of this app.
You agree to indemnify and hold EQally and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Netherlands without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Netherlands. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the Netherlands, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to firstname.lastname@example.org
This document was last updated on October 22, 2019
We are the experts aiming to bring behavioral science, technology and fun together. EQally is the starting point to help people to expand and master communication tools nature and evolution provided us with.
In the world of overflow of unreliable information, we guarantee that all we offer is based on time-proven scientific research.
Our goal is to make science intelligible, easy to use through technology and to experience joyful learning. We aim to make this behavior knowledge to be globally available through our tools because the language of our emotional expressions is Universal.
EQally helps everyone to develop emotional awareness in conversations and the ability to take another person's perspective and learn from them.