Terms and Conditions
1.1 The entirety of the relationship between you, the customer, and Self Esteem (also referred to as ‘us’, ‘the website’, or ‘Self esteem’) who delivers services through the website or mobile application, is controlled by this contract. You may reach us via email at [email protected]
1.2 Before finalizing the remote agreement, we will furnish the customer with the text of this contract, either electronically or in another enduring form. If presenting it in such a manner is not feasibly possible, we will, prior to the conclusion of the remote agreement, clarify how this contract can be accessed for review at our physical location. We will also assure that the contract is delivered to the customer at no cost and as soon as feasible upon their request.
1.3 It is obligatory for the customer to meticulously scrutinize this contract prior to endorsing it and availing our services. By using our services, the customer affirms that they have perused this contract, comprehended its contents, and consensually agreed to adhere to it.
1.4 This contract includes a compulsory arbitration clause which, as elaborated further in section 17 underneath, necessitates resorting to individualized arbitration to settle disputes. It excludes the use of jury trials, any other court proceedings, or class actions of any sort.
2.1 Certain terms are specified in the opening section of this contract. Unless otherwise dictated by this contract, the following definitions apply to capitalized terms throughout this contract, inclusive of the introductory portion:
(a) contract – refers to the online arrangement between the company and the client for the supply of services and/or items.
(b) client – signifies the user of the company’s services and/or purchaser of items as delineated in this contract.
(c) proposition – the invitation to enter into this contract of services and/or items rendered by the company to the client via the website or mobile application.
(d) privacy protocol – the privacy standards of the company as made public on the website or mobile application.
(e) services – digital content given by the company to the client along with access to the website or mobile application. This includes, but is not limited to, data, written material, and images displayed or provided therein.
(f) digital content – denotes individual digital plans or other forms of digital content occasionally sold online by the company.
(g) commodities – refers to nutritional supplements or other physical products sold online by the company.
(h) remote contract – an agreement established between the company and the client within the structure of a system intended for remote sales of digital content and/or commodities.
(j) website – the company’s website, accessible at www.selfesteem.app.
3.1 The company shall afford the client the opportunity to receive a proposal.
3.2 To receive the proposal, the client will be prompted to furnish certain information, either by selecting provided choices or inputting necessary details. It is mandatory for the client to supply current, accurate, and comprehensive information as requested.
3.3 Upon submission of the data mentioned in section 3.2 of this contract, a proposal will be provided to the client. The proposal will encompass details on the following:
3.3.1 The monetary sum required for the relevant services and/or commodities,
3.3.2 Available methods of payment, including credit card or other permissible payment forms,
3.3.3 Additional information the company deems significant to incorporate in the proposal.
3.4 Proposal Acceptance
3.4.1 The client accepts the proposal by selecting a payment plan/method for the services.
4.1 The remote agreement will be established the moment the client accepts the proposal as outlined in this contract.
4.2. Given that the client will accept the proposal electronically, the company will acknowledge the receipt of this acceptance electronically. If the client procures digital content, it will be delivered to the client’s email address given by them or through the mobile app.
4.3 If the accord between the company and the client comprises digital content not delivered on a physical medium, the client consents to forego his/her right to rescind the agreement.
4.4 The company strives to ensure services function as projected, but such services rely on internet and other services and providers outside the company’s control. By utilizing the company’s services, the client acknowledges that the company cannot assure uninterrupted, error-free services or that the information it contains will be completely free from viruses, hackers, unscheduled interruptions, or other failures. The client expressly assumes the risk associated with the use or downloading of such services.
4.5 Periodically, without prior notice to the client, we may modify, expand, and enhance the services. We may also decide to discontinue operating part or all of the services or selectively disable certain features of the services. Any alteration or termination of the services will be at our sole discretion and without ongoing obligation or liability to the client, and the client’s use of the services does not entitle the client to the continued provision or availability of the services.
4.6 The client additionally agrees that:
4.6.1 He/she will not access services (including for purchasing goods) if he/she is under 18 years old;
4.6.2 The client will prohibit children under the age of 18 from accessing the services. The client assumes full responsibility for any unauthorized use of the services by minors.
5.1 Throughout the validity period indicated in the proposal, the cost for the services and/or items will not increase, barring changes in VAT rates.
5.2 The client consents to:
5.2.1 Bear all additional expenses, fees, charges, relevant taxes, and other costs that may be incurred by the client. Be aware that for orders of goods, local charges (sales tax, customs duty) may apply, depending on your region and local customs duties. These charges are the client’s responsibility.
5.2.2 Procure services and/or goods by utilizing a valid credit card or other permitted payment form.
5.2 Supply the company with up-to-date, accurate, and complete information as detailed in the order form. If the company detects or suspects that the client’s provided information is not current, inaccurate, or incomplete, the company reserves the right to suspend the service and/or delivery of goods at its sole discretion, and the client forfeits any right to refund the paid amount.
5.3 After the client is redirected to the third-party payment service provider, the risk of loss or damage will transfer to the client and/or the third party. Online credit or debit card payments to the company will be managed and processed by a third-party payment service provider, and none of the sensitive data concerning your payment will be stored or used by the company. The company shall not be responsible for any payment issues or disputes that arise due to the third-party payment services. The company may change the third-party payment service provider occasionally.
5.4 All prices and costs are in US dollars unless otherwise indicated.
5.5 All goods remain the property of the company until full payment is made. The price applicable is that set on the date of your order placement. Shipping costs and payment fees are acknowledged before confirming the purchase.
5.6 For deliveries outside of the US, the client consents and acknowledges that the goods will be imported on their behalf. The client permits the company to import the goods on their behalf. Furthermore, the client agrees that the company may assign the obligation to import the goods on their behalf to a subcontractor. The client will pay any taxes and duties in addition to the purchase price of the goods, if applicable.
5.7 All transactions carried out through the company are managed and transacted through dedicated third-party gateways to ensure your protection. Card information is not stored, and all card information is processed over SSL encryption. Please review the terms and conditions for the payment gateway selected for the transaction as they are responsible for the transactions made.
5.8 To prevent any interruption or loss of services or delivery of goods, the services and goods are offered with automatic renewal.
5.8.1 Unless otherwise stated in this section, automatic renewal automatically extends the applicable service or delivery of goods upon expiration of the current term for a renewal period equal in duration to the most recent service or goods delivery period. For instance, if the client’s last service period is for one year, the renewal period will typically be for one year.
5.8.2 Unless the client cancels the subscription, the company will automatically renew the applicable service or delivery of goods when it is due for renewal and will charge the payment method associated with the client’s account.
5.8.3 If the client does not want the service or delivery of goods to automatically renew, they may choose to cancel the subscription at least 48 hours before the end of the current period, in which case, the services will be terminated upon expiration of the then current term, unless they manually renew the services before that date.
5.8.4 If the client has purchased the subscription on the company’s website, they will not be able to manage it through the Apple App Store or Google Play. Instead, the client can easily cancel the services subscription by logging in to their account on the company’s website or contacting the support team at [email protected]
5.8.5 If the client has purchased the subscription of services through the Apple App Store or Google Play, the client might cancel the subscription only through their Apple or Google account. The client understands that deleting the app does not cancel the subscriptions.
5.9 The company may occasionally offer special deals which may contain additional terms and conditions applicable in conjunction with this agreement.
5.9.1 The company may offer trials of paid subscriptions for a limited time without payment or at a special price (“trial”). The company will automatically start charging the client for the subscription on the first day following the end of the trial on a recurring monthly basis or another interval disclosed in the special deal. If the client doesn’t want to be charged, they must cancel the subscription before the end of the trial.
5.9.2 If the client has purchased or received a promo code, gift, a special discount, or other offer sold by the company for access to a paid subscription, separate terms and conditions presented to the client along with the special deal may also apply. The client agrees to comply with any such terms and conditions.
Refund & Return Policy
6.1 Owing to the digital intellectual property nature of Self Esteem plans, which are revealed upon purchase, we adhere to a no-refund policy and cannot provide any returns or refunds unless the product is faulty. If the services we provide are faulty, damaged, or defective, we will have no liability to you unless you inform us of the issue by email within 14 working days of the delivery of the services in question. If you do not receive the services ordered by you within 40 days from the date you ordered them, we will have no liability to you unless you inform us via email at our contact address of the problem within 47 days of the date you ordered the services. For purchases of physical goods, if you report an issue to us under this condition, our sole obligation will be, at your discretion, to correct any shortage or non-delivery or to replace any goods that are damaged or defective. Please contact [email protected] to replace an order that was damaged during transit. You will not hold us responsible for any indirect or consequential loss, damage, or expenses (including loss of profits, business, or goodwill) arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you as compensation other than to refund to you the amount paid by you for the services in question.
6.2 Any goods that you intend to return must be in their original packaging and unopened, suitable for resale. If the goods to be returned do not meet these criteria, we will not be able to provide a refund. If you decide to return the order, you must inform us at [email protected] before returning it to our warehouse. We will provide you with our return form, which must be completed and returned with the goods within 14 days after the delivered purchase.
6.3 Once the goods and the form have been received and verified by our staff, a refund will be authorised using the same method the payment was made. Please note that it may take up to 14 working days for the refund to appear in your bank account. If the client fails to adhere to the deadlines in our returns policy, we will not be able to offer a refund.
6.4 For orders outside the US: If the client refuses to accept the package with goods at customs, the company will not be responsible for refunding or reshipping the order via another carrier. The package will be abandoned at customs. If the client wishes for a refund on the order, they are responsible for paying the customs fee to ship the package back to the company. Therefore, once the package is received back at the company’s warehouse, the client will be credited for the cost of the order minus the original shipping charge.
Intellectual Property Rights
7.1 Between the company and the client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and other proprietary rights related to the services and service-related content, are owned by the company.
7.2 The client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, publish, or otherwise make available the services, including but not limited to digital content, in whole or in part, without the company’s prior written consent.
7.3 The client hereby grants the company a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze and exploit in any way now known or in the future discovered, his/her user content (except for user trademarks), as well as all modified and derivative works thereof. To the extent permitted by applicable laws, the client hereby waives any moral rights he/she may have in any user content. “User content” means any user trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information, that the client uploads, transmits, or submits through the services, or that other users upload or transmit. By uploading, transmitting or submitting any user content, the client affirms, represents, and warrants that such user content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third-party rights, and that the client has permission from any third party whose personal information or intellectual property is comprised or embodied in the user content; and (c) free of viruses, adware, spyware, worms, or other malicious code.
7.4 No part of this agreement is or should be interpreted as a transfer of intellectual property rights related to the services or service-related content, except as expressly set forth in section 8.1 below.
Use Of Digital Content
8.1 All intellectual property rights specified in article 7.1 and related to digital content are owned by the company. Digital content is licensed under this section 8 and is not sold. The client will only be granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license, subject to the terms and conditions of this agreement, to use (solely for the client’s individual use) any digital content provided by the company to the client.
8.2 The term of this license shall be for a term of 5 years from the date of the client receiving the applicable digital content, unless earlier suspended or terminated in accordance with this agreement.
8.3 Unless expressly otherwise provided, the client must not use any digital content except for personal, non-commercial purposes.
8.4 The client must not edit, reproduce, transmit, or lend the digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the license provided in this section 8 by the company.
8.5 The company may impose restrictions on the scope of the license or the number of devices or types of devices on which digital content can be used.
8.6 If the client violates this section 8, the company may suspend access to the relevant digital content, without limiting any of the company’s rights or remedies under this agreement or applicable law, including the company’s right to recover from the client the loss suffered as a result of or in connection with the infringement, including any expenses incurred.
Sale Of Digital Content Prohibited
9.1 The client is prohibited from selling, offering for sale, sharing, renting, or lending digital content, or copies of digital content.
11.1 The client will indemnify and hold the company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of the client’s breach of this agreement, the use of the services, or the client’s violation of any law or the rights of a third party in conjunction with the client’s breach of this agreement or use of the services.
12.1 Information provided may not be appropriate or satisfactory for the client’s use, and he/she should verify all information before relying on it. Any decisions made based on information contained in the website or mobile app, including information received through the client`s use of the services, are solely the client’s responsibility.
12.2 The client expressly understands and agrees that the company shall not be liable for any damages whatsoever (including, without limitation, direct, indirect, incidental, special, consequential, or exemplary damages, or those resulting from lost profits, lost data or business interruption, loss of goodwill, loss of use, or other losses whether based on warranty, contract, tort, or any other legal theory (even if the company has been advised of the possibility of such damages), arising out of: (I) the use or inability to use services, (ii) any link provided in connection with the services, (iii) the materials or information contained at any or all such linked websites or mobile apps, (iv) the client’s reliance on any of the services; (v) the interruption, suspension, termination of the services or any portion thereof, (vi) the timeliness, deletion, misdelivery, or failure to post or store any information, or (vii) any matter otherwise related to the client’s use of the services. In no event shall the company’s aggregate liability to the client relating to his/her use of the services exceed one hundred dollars ($100).
12.3 A party to the agreement shall be released from responsibility for non-fulfillment if it proves that this agreement was not fulfilled due to force majeure. The company shall not be liable for any losses caused by force majeure, riot, war, or natural events or due to other occurrences for which the company is not responsible (e.g. Strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The client must provide written notification of the occurrence of force majeure, which prevents the fulfillment of this agreement, within 30 calendar days from the date of the occurrence of these circumstances. The company shall inform the client about the occurrence of force majeure by e-mail or on the website or mobile app if possible.
12.4 The liability of the company is limited to direct losses, unless otherwise provided under applicable laws.
12.5 Due to the nature of the services and/or goods that the company provides and as the company cannot control the client’s adherence to the provided use instructions, the company provides no warranty as to any results or outcomes from using services and/or goods.
12.6 When using services the client may receive links to other websites or mobile apps that are not owned and/or controlled by the company. These are provided “as is”. The client acknowledges and agrees that the company is not responsible for the operation of such links. Furthermore, the company is not responsible or liable for any content, advertising, products, or other materials accessed through such links. Therefore, the client agrees that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, or services available on or through any such websites or mobile apps.
13.1 Clients are advised to consult with their healthcare provider before implementing any plans or using any goods offered by the company.
13.2 The company does not offer any medical advice or services. Anything within the company’s services should not be regarded as or substituted for professional medical advice. The client bears sole responsibility for managing their own health, which includes seeking necessary advice from a healthcare provider when needed.
Agreement Validity and Cessation
14.1 This agreement takes effect as soon as the client accepts and digitally consents to adhere to its terms. It will remain valid until it is terminated as described in the following section.
14.2 The company reserves the right to end its relationship with the client under the following conditions: (1) the client disagrees with the agreement; (2) the client violates any aspect of the agreement; (3) the client fails to provide requested information, or provides incorrect or incomplete information. This provision doesn’t affect any legally prescribed termination rights.
15.3 Clients are expected to agree to and abide by the updated agreement if they choose to continue using the services after any changes have been published. If clients do not consent to the revised agreement, they should discontinue their use of the services.
16.1 The company generally communicates through email. By accepting this agreement, clients agree to this mode of communication. Therefore, clients should provide a valid email address during the information submission process as outlined in section 3.2. The company might also disseminate information related to this agreement or services on its website or mobile app. Clients are encouraged to frequently check their emails and the provided online platforms. Emails might contain hyperlinks to additional information and documents.
16.2 If any law requires that information be provided on a permanent medium, the company will deliver this information to the client either through an email attachment or a notification with an option to download the information for permanent reference. The client is tasked with preserving copies of all correspondence from the company.
16.3 The client can request a copy of this agreement or any other contractual document by reaching out to [email protected]
16.4 All communications with the client will be conducted in English, unless an alternate language is agreed upon by the company and the client.
16.5 Clients can reach out to us at any time by sending an email to [email protected]
17.1 Clients are encouraged to resolve any disputes informally before initiating a formal claim against the company. Any grievances regarding the company or the services it offers should be forwarded to [email protected]
17.2 Complaints should clearly indicate their intent and provide details of the issue. The company will acknowledge receipt of the complaint through an email to the address from which it was sent. The company will address the complaint and respond to the client within 14 calendar days from when it was received. If the dispute is not resolved within 30 calendar days from its receipt, either the client or the company may lodge a formal claim.
17.3 All disputes, except those eligible for small claims court, will be settled via final, binding arbitration before a neutral arbitrator, instead of in court by a judge or jury. Both parties agree to waive their right to a jury trial. This includes disputes about the interpretation or application of this arbitration provision, including its enforceability, revocability, or validity.
17.4 Clients agree that all arbitrations under this agreement will be conducted individually; class arbitrations and class actions are not permitted, and the client agrees to waive their right to participate in a class action.
17.5 Clients may opt out of this arbitration agreement within thirty (30) days of accepting it by sending an email to [email protected] with their first and last names, and address, and a statement that they reject this arbitration agreement.
17.6 The arbitration will be managed by the American Arbitration Association under its Consumer Arbitration Rules, as modified by this agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will hold hearings, if needed, by teleconference or videoconference, unless they decide that an in-person hearing is necessary upon request by either the client or the company. If in-person hearings are needed, they will be held at a location that is reasonably accessible to both parties, taking into account their ability to travel and other relevant factors. If the parties cannot agree on a location, the AAA or the arbitrator will determine it. The arbitrator’s decision will be guided by the terms of this agreement and will be final and binding. The arbitrator will be empowered to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The arbitrator’s award can be confirmed and enforced in any court with the appropriate jurisdiction. Notwithstanding any of the above, nothing in this agreement will prevent the client from raising issues with federal, state, or local agencies, and if the law permits, they can seek relief against us on the client’s behalf.
18.1 This agreement grants rights exclusively to the client, with no third party having any entitlements under it.
18.2 Without the company’s previous approval, the client cannot transfer any rights from this agreement to a third party. The company reserves the right to fully or partially transfer its responsibilities and rights under this agreement to any third party, as it deems fit.
18.3 Should a legally competent court determine any section of this agreement to be invalid, illegal, or unenforceable, that section will be detached from the rest of the agreement. The remaining parts of the agreement will maintain their enforceability and validity to the maximum extent allowed by law.
18.4 The client assumes all risk when using the services. The company provides these services “as is” and “as available”, refusing all explicit or implicit guarantees related to the services. These include, but aren’t limited to, warranties of merchantability, suitability for a specific purpose, non-violation of intellectual property, or those arising from a dealing course, usage, or trade practice. The above exclusions may not apply to the client if their state doesn’t permit the exclusion of implicit warranties. The company provides no guarantee that the site or services will meet the client’s needs, or that they will be timely, secure, up-to-date, accurate, complete, or free from errors. The company also doesn’t guarantee the accuracy or reliability of any results that may be obtained by using the site or service. The client acknowledges that their sole and exclusive solution for any service or site defects or dissatisfaction is to stop using the services. The client’s rights may vary from state to state.
18.5 By using or accessing the services, the client confirms that they have read, understood, and agreed to comply with the terms and conditions of this agreement.