Effective from 22/07/2020 (View previous versions)

These terms apply to the Kama mobile app (App).

Your attention is drawn in particular to the following terms:

• Use of the App by children
• Your health and safety when using the App
• Our liability to you

When you sign up for an account to access the App, you’ll be asked to confirm whether you agree to these terms. If you don’t agree to these terms, you shouldn’t confirm that you do and should delete the App from your device.

You should also read our Privacy Policy which, although not part of the contract between us, includes important information about what data, including personal data, we collect from and about you when you use the App.

If you’ve got any questions or concerns relating to these terms, please contact us at hi@kama.co.

Who we are

Kama is the trading name of Project 3000 Limited, a limited company registered in England and Wales under company number 12133721. Our registered office is at 42 Tournay Road, London SW6 7UF, United Kingdom.

Apple® and Google™ terms also apply

Your use of the App may also be subject to the rules and policies of the Apple® App Store® and Google Play™ Store, depending on the type of device you have installed the App on. Where there are any differences between those rules and policies and these terms, those rules and policies will apply instead.

Changes to these terms

We may make minor changes to these terms without notifying you, as long as those changes don’t materially affect your rights. If we make any changes to these terms which may materially affect your rights, we’ll try to give you reasonable notice in advance by email or by drawing your attention to such changes within the App. If you don’t agree any changes, you shouldn’t confirm your agreement to them and should delete the App and your account.

This doesn’t affect your legal rights as a consumer or rights to a refund in accordance with the rules and policies of the Apple® App Store® and Google Play™ Store (as appropriate).

Changes to the App

We may make changes to the App at any time to add functionality or improve performance, reflect changes to your device’s firmware, address security issues or comply with any applicable law or regulation. If you choose not to install any updates, you may not be able to continue using the App or the App may not perform as it should.

Use of the App by children

Given the mature nature of the content, we don’t direct the App towards children, nor do we knowingly collect personal data about children. For this purpose, a ‘child’ means anyone under the age of 18 or the age of majority in the place where our Website or App are being accessed.

We’ve assigned an age rating of 17+ to our App in the Apple® App Store®. This is equivalent to an ESRB ‘Mature’ rating and PEGI 16+ rating. To find out more about how to set parental controls on your child’s Apple device, please visit the Apple website.

If you hold parental responsibility for a child under the age of 18 and are concerned that we’ve collected personal data about your child, please contact us at hi@kama.co.

Your access to the App

We’re giving you personally the right to use the App. You may not transfer the App, including your subscription to the App, to anyone else. If you sell any device on which the App has been installed, you must delete the App from it.

If you install the App onto any device which isn’t owned by you, you must have the device owner’s permission to do so. You’ll be responsible for complying with these terms whether or not you own the device.

Your account

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person.

We reserve the right to disable your account at any time if you’ve notified us, or we’ve reason to believe, that your account has been compromised in any way.

Your health and safety when using the App

The App is provided for information purposes only. It does not create any relationship of physician or therapist and patient. If you’re concerned that your use of the App could pose a risk to your mental or physical health and safety, you should obtain professional or specialist advice before using the App.

Although we only work with reputable and experienced therapists to develop the content available through the App, we make no representation or warranty, or give any guarantee, that the App will benefit you or be fit for your particular purposes.

Your use of the App

You may only use the App for private and non-commercial purposes.

You agree that unless permitted by the laws of the country or territory in which you reside, you will not:

• rent, lease, sub-license, provide or otherwise make available, the App to any person
• copy the App, except as part of the normal use of the App
• translate or modify the App nor permit the App to be combined with, or become incorporated in, any other programs
• disassemble, de-compile, reverse engineer or create derivative works based on the App nor attempt to do any such things
• use any script or other automated process to interfere with or manipulate the App or the results generated from your use of the App
• not “crawl”, “scrape” or otherwise collect any data or information from the App using any automated process (including but not limited to bots, scrapers and spiders)
• not use the App to circumvent any geographic/territorial restrictions

We may suspend or terminate your access to the App (and your subscription) if we receive notice from any person that, or we have reason to believe that, you have breached these terms.

Ownership of the App

We and our licensors own all intellectual property and other rights in and to the App which are licensed, not sold, to you. We and our licensors retain ownership of all copies of the App, including those installed on your devices. Any third party software (for example, open source software libraries) included in the App are licensed to you under the relevant third party’s licence terms which can be accessed within the App.

Our liability to you

Without affecting your legal and other rights as a consumer or otherwise under the laws of the country or territory in which you reside, to the fullest extent permitted by law:

• the App is provided on an “as is” and “as available” basis and we make no representations or warranties as to satisfactory quality, merchantability, fitness for purpose or non-infringement
• we don’t represent or warrant that any content made available through the App will always be available or be uninterrupted or error-free
• in no event will we (or any person or company associated with us in any capacity) be liable to you for any business losses or for indirect or consequential losses (including exemplary or punitive damages), even if we’ve been advised of the possibility of those losses arising
• your sole remedy for any problems or dissatisfaction with the App will be to delete the App and cancel your subscription, subject to the rules and policies of the Apple® App Store® and Google® Play™ Store (as appropriate)
• our aggregate liability for all other claims will be limited to US$100 (or the equivalent amount in the official currency of the country or territory in which you reside)

Termination of your subscription

Subject to the rules and policies of the Apple® App Store® and Google Play™ Store, you may terminate your subscription at any time by emailing hi@kama.co.

The following terms will survive the termination of your subscription and agreement with us:

• Our liability to you
• Terms which apply if you downloaded the App from the Apple® App Store®
• Terms which apply if you downloaded the App from the Google® Play™ Store
• Other important terms

Terms which apply if you downloaded the App from the Apple® App Store®

If you’ve downloaded the App from the Apple® App Store®, you agree that:

• the agreement set out in these terms is between you and us, not with Apple® and that we are solely responsible for the App
• Apple® is not responsible for providing any maintenance and support with respect to the App
• we are solely responsible for any warranties made in respect of the App
• in the event of any failure of the App to comply with any warranty, you may notify Apple® and, where applicable, Apple® will refund the purchase price for the App to you; but to the maximum extent permitted by applicable law, Apple® will have no other warranty obligation with respect to the App and Apple® will not be responsible for addressing any claims relating to the App or your possession or use of the App, including (but not limited to), product liability claims; any claims that the App fails to comply with any applicable legal or regulatory requirement; and any claims arising under consumer protection or similar legislation
• Apple® is not responsible for the investigation, defence, settlement and discharge of any claim by another person that the App or your possession and use of the App, infringes that other person’s intellectual property rights
• Apple® and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple® will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary
• you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, nor are you listed on any U.S. Government list of prohibited or restricted parties

Terms which apply if you downloaded the App from the Google® Play™ Store

If you have downloaded the App from the Google® Play™ Store, you agree that the terms of the Google® Play™ Developer Distribution Agreement will override these terms to the extent that these terms conflict with the terms of such agreement and that each member of Google’s group of companies will be third party beneficiaries of these terms and may enforce these terms against you as a third party beneficiary.

Other important terms:

Promotional offers: We may offer special promotions on the content that you can access through the App, which may be subject to additional terms and conditions. We’ll draw your attention to any additional terms and conditions relating to such offers prior to sign-up.

We may transfer our agreement with you to someone else: We may transfer our rights and obligations under these terms to another organization. If you’re unhappy with the transfer, you may terminate your agreement with us as set out above.

If a court finds part of these terms illegal, the rest will continue in force: Each section of these terms operates separately. If any court or other relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

Even if we delay in enforcing these terms, we can still enforce them later: If we don’t insist immediately that you do anything that you’re required to do under these terms, or if we delay in taking steps against you in respect of your breach of these terms, that won’t mean that you don’t have to do those things and it won’t prevent us taking steps against you at a later date.

Waiver of class actions: Where permitted by the laws of the country or territory in which you reside, you and we agree that each of us may bring claims against the other only in an individual capacity and not as claimant/complainant/plaintiff in any purported class or representative action. Unless you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a class or representative action.

Which laws apply to these terms: Unless otherwise required by the laws of the country or territory in which you reside, any claim, dispute or controversy arising out of or in connection with these terms (including non-contractual claims or disputes) will be subject to the laws of England and Wales (without regard to choice or conflicts of law principles).

Where you may bring legal proceedings: Unless otherwise required by the laws of the country or territory in which you reside, in the event of any claim, dispute or controversy arising in connection with these terms (including non-contractual claims or disputes), the parties will try to reach an out-of-court settlement and if no settlement can be reached, such claim, dispute or controversy must be referred to the courts of England and Wales (meaning that no other country’s or territory’s courts can preside over the matter). We don’t accept any codes of conduct as mandatory in connection with these terms.