Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING OUR PLATFORM. THE USAGE OF OUR PLATFORM INDICATED THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU ACCEPT THAT YOU ARE BOUND TO THEM. 

Welcome to Bravely (our “Platform”). Our Platform is intended to act as a tool to support Professionals in their work with clients, as well as providing a source of information related to mental wellbeing, and in recording, tracking and evaluating data on life habits and psychological well-being.

These Terms of Use (this “Agreement”) constitute a legal agreement between you and BRAVELY TECH PTE. LTD. (“us” or “we”) governing the use of our Platform, our services and/or products offered via our Platform or otherwise by us and any other software provided by us in connection with any of the foregoing (collectively, the “Services”). Throughout this Agreement, the term “Professional” is used to describe a Clinical Psychologist, Psychologist, Counsellor, Therapist, Coach or a other person, group of people or entity which provides therapy, counselling, coaching or otherwise to clients, to support, encourage or improve aspects of their physical, emotional and/or mental wellbeing.

We license use of our Platform to you on the basis of this Agreement. We do not sell our Platform to you and we remain the owner of our Platform at all times.

IMPORTANT NOTICE TO ALL USERS: 

• THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN PARAGRAPHS 6 AND INDEMNITY IN PARAGRAPH 7.

• IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE USE OF OUR PORTAL TO YOU AND YOU MUST NOT USE OUR PORTAL.

You should print a copy of this Agreement for future reference.

1. Terms of use

1.1 The provisions set out in this Agreement govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use our Platform

1.2 Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use our Platform on the terms of this Agreement.

1.3 By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using our Platform, you confirm that:

• (a) you have read the terms set out in this Agreement and agree to be bound by and comply with them; and

• (b) you are 18 years old and above. We may ask for proof of age before you can register for an account with us. If we learn that any account has been created directly by a minor under 18 years of age, we may terminate or suspend access to that account.

  • any account used by a minor under the age of 18 years, must be created by a parent or guardian. In these circumstances the agreement is made between us and that parent or guardian, and any usage of our services by that minor is considered the responsibility of that parent or guardian

1.4 You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.

1.5 We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your account at any time, or remove or edit content (including content submitted or posted by you) on our Platform or on any of our affiliated websites (including social media pages).

1.6 We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

1.7 Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

1.8 Any Professional using our Platform assumes full responsibility for the outcome of their clients. We provide no oversight, direction or recommendation on the best course of treatment, management or direction. Any resources, readings, exercises or outcome measures are provided on an as-is basis, and usage, referral or recommendation of these is done based on the Professional's decision.

1.9 The following additional terms also apply to your use of our Platform and form part of this Agreement:

• (c) Our Privacy Policy (see [Schedule 1]) sets out our policy concerning the collection, use and disclosure of your personal data (“Data”) in compliance with the Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”). By using our Platform, you consent to our collection, use and disclosure of your Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact our Data Protection Officer via email to privacy@bravely.io.

• (d) Our Acceptable Use Policy (see [Schedule 2]) sets out the permitted uses and prohibited uses of our Platform. When using our Platform, you must comply with this Acceptable Use Policy.

2. Payments

2.1 Some Services may require payment of fees before you can access or use them (such as but not limited to in-app purchases to unlock content or features of our Platform). These fees will be notified to you through our Platform and may be amended from time to time at our discretion.

• (a) Payments may be in the form of recurring subscription payments or one-off payments, as defined by us.

2.2 Payment of all fees must be made in the required currency through the payment portals provided by Apple on the App store, and Google in the Play Store, or by any payment method listed on our Platform. We must receive payment in full in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever before we can provide the relevant Service(s) to you.

2.3 You shall be responsible for any applicable taxes (including any goods and services tax) under this Agreement.

2.4 By submitting each payment, you authorise us to transmit information about you from and to third parties from time to time, including but not limited to verification checks that we may be required to make involving payment in order to authenticate your identity, validate such payment, and enable us to make delivery of the purchased service or product to you. We will not be liable for any unauthorised disclosure or use of your information by third parties.

2.5 We will not process any payments that attempt to use an expired, incorrect or otherwise non-functioning credit or debit card (including but not limited to cards that have exceeded their limit). In the event that any such payment is processed, we reserve the right to collect any unpaid sums from you through an alternate payment method and to charge an administrative fee at our prevailing rates then in force for the same.

2.6 If you fail to make timely payment of any fees due to us, we may suspend or terminate your access to your account, our Platform and/or any of the Services.

2.7 Termination of your account for any whatever reason shall not entitle you to any refund of any fees paid to us.

3. Uploading content to our Platform

   3.1 You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform (including any content posted by you on our community groups) complies with our Privacy Policy, Acceptable Use Policy and the PDPA.

   3.2 You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:

   • (a) the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or

   • (b) the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.

   3.3 As part of the Services, you may use the “Track” feature, which provides an overview and evaluation of your psychological needs based solely and strictly on the responses provided to us by you (whether manually or automatically through the activity tracker). All submission of data for the purposes of the "Track" feature shall be subject to our Privacy Policy and Acceptable Use Policy.

   3.4 We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

   3.5 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.

   3.6 We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.

4. Restrictions

• Except as expressly set out in this Agreement or as permitted by any local law, you undertake:

  (a) not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;

  (b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;

  (c) not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;

  (d) to include our copyright notice on all entire and partial copies you make of our Platform on any medium;

  (e) to comply with all applicable technology control or export laws and regulations; and

  (f) not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

5. Intellectual property rights

   5.1 You acknowledge that all intellectual property rights in or relating to our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with the terms of this Agreement.

   5.2 You acknowledge that, where we do not own any of the intellectual property rights in any content on our Platform (such as but not including any content on the Platform), your use of such content is conditional on us obtaining a written licence or sub-licence from the relevant licensor(s) on such terms as will entitle us to license such rights to you.

   5.3 We reserve the right to remove any content from the Platform at any time without liability or notice to you.

   5.4 Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes and internal purposes.

   5.5 You acknowledge that you have no right to have access to our Platform in source code form.

   5.6 You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text (including any disclaimers, warnings, watermarks, copyright notices or trade names that we may attach to such materials).

   5.7 Our status (and that of any identified contributors) as the authors of content on or downloaded from our Platform must always be acknowledged.

   5.8 You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

   5.9 If you print off, copy, download or use any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Disputes

   6.1 We are not obliged to assist with dispute resolution between any users or to adjudicate on any such matter. In the event of any dispute, you are responsible for contacting the relevant parties involved in the dispute directly.

   6.2 If you would like to raise any dispute with any Service, please contact us through our Platform with all relevant details of the dispute. We will endeavour to respond to your submission as soon as reasonably practicable. We may require you to furnish supporting evidence and documentation before we can process your submission.

   6.3 We will review each submission on a case-by-case basis. We are not obliged at any time to review or respond to your submissions. We do not guarantee and/or warrant any return or replacement of a product, any refund of your fees or other resolution of a dispute in your favour. Our decision regarding each dispute shall be final.

   6.4 Any dispute relating to a payment made through a third party payment vendor (such as but not limited to Google Pay or Apple Pay) may be referred to the appropriate third party for resolution. In such a case, we cannot guarantee a successful outcome for you or a refund of your purchase.

7. Termination

   7.1 If you wish to delete your account on our Platform, kindly submit a request for termination of the account through our Platform via the “Contact” page on our website.

   7.2 We reserve the right to suspend or deactivate your account or your access to our Platform or any Services at any time and without notice or liability to you. Upon such suspension or deactivation, we may delete your account and any information relating to or stored on such account. We will not be liable for any loss of data resulting from such deletion.

8. Warranty

   8.1 While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services, our Platform and the Related Content is at your sole risk.

   8.2 To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services or Related Content, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

9. Limitation of Liability

   9.1 You acknowledge that:

   • (a) the content on The Platform is based on publicly available information, and personal experiences of individuals. We are only responsible for collating and curating such content; and

   • (b) the "Track" feature of the platform is only intended to be used as a way to record and track aspects of your life and, using such data, evaluate your mental well-being; and

   • (c) any content, tools, techniques, messages, or wording shown to you in response to the information you enter into the Platform is not a diagnostic feature, and we are not responsible for your interaction, the way you choose to use it or the resulting outcomes.

   9.2 We are not a medical organisation and are not responsible for providing any medical advice or diagnosis. The Platform should not be used as a replacement for a qualified medical profession, and you are responsible for seeking Professional advice for any medical condition you may have.

   9.3 We are not responsible for any death, personal injury or other condition resulting from your reliance on the Platform, save where this results from our negligence. We also do not guarantee or warrant that you will recover from any medical (including psychological) condition, or that any such condition shall improve, as a result of the use of our Platform.

   9.4 We only supply our Platform for use by individuals or Professionals. You agree not to use the Services, our Platform and the Related Content for any commercial, business or re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), under statute, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, Related Content, our Platform or any other website or software) for:

   • (a) loss of profits, sales, business, or revenue;

   • (b) business interruption;

   • (c) loss of anticipated savings;

   • (d) loss or corruption of data or information;

   • (e) loss of business opportunity, goodwill or reputation; or

   • (f) any other indirect or consequential loss or damage.

   9.5 Nothing in this Agreement shall limit or exclude our liability for:

   • (a) death or personal injury resulting from our negligence;

   • (b) fraud; or

   • (c) any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

   9.6 This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

10. Indemnity

    You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, Related Content and/or any websites or software in relation thereto or otherwise, and whether under this Agreement, any laws or regulations or otherwise.

11. Other important terms

    11.1 We may transfer our rights and obligations under this Agreement to another person or entity, but this will not affect your rights or obligations under this Agreement.

    11.2 You may only transfer your rights or your obligations under this Agreement to another person if we agree first in writing.

    11.3 No joint venture, partnership or agency or employment relationship has arisen by reason of this Agreement.

    11.4 This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.

    11.5 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    11.6 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    11.7 This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this Agreement, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Singapore.