Terms of Service for "Healingfriends"
1. Introduction: Welcome to "Healingfriends", a service provided by 넥스트던(Nextdawn). This application is designed to mimic the benefits of psychological counseling with the assistance of an AI chatbot and to present meditation resources for its users. The following document outlines the terms and conditions under which these services are provided. This Terms of Service only applies to international users excluding South Korea.
2. Acceptance of Terms: Upon completing the registration process through signing in with Apple ID or Google Account, and by accessing or utilizing the "Healingfriends" application across any device or platform, you explicitly consent to, and are bound by, the terms and conditions set forth herein. Should you find yourself in disagreement with any segment of these terms, we kindly advise discontinuing your use of this application.
3. Changes to Terms: 넥스트던(Nextdawn) reserves the right to modify, amend, or update these Terms of Service at any given time. When changes are made, users will be notified directly within the app upon login. This notification will be prominently displayed on the first page at least for three consecutive days following the introduction of the changes. It remains the responsibility of the user to review and acquaint themselves with any modifications. Continuation of app usage after the changes are made implies acceptance of the updated terms.
4. Account Registration: Most features of "Healingfriends" may require account registration. Users are obligated to maintain the confidentiality of their account details and will be held responsible for all activities that transpire under their account.
5. User Account Actions: 넥스트던(Nextdawn) reserves the right to suspend, terminate accounts, or restrict access to "Healingfriends" for any reason, especially in instances of terms violations or actions that may harm other users or the platform.
6. Modification and Termination of Service:
Service Modifications: 넥스트던(Nextdawn) reserves the right to add or modify services. Prior to any such additions or modifications, the content and provision date of the amended services will be communicated to members in accordance with the methods prescribed in Article 3.
Service Interruptions: While 넥스트던(Nextdawn) commits to providing the service with utmost reliability, there are instances where the service (in whole or in part) may be interrupted, limited, or halted:
For scheduled or emergency maintenance, or for other service-related infrastructure inspections.
In the event of power outages, equipment malfunctions, or excessive usage spikes that could compromise the stability of the service.
Due to unforeseen circumstances with service providers (including affiliates or third parties) like the termination of a contract, or as a result of government regulations or other external factors making it untenable for 넥스트던(Nextdawn) to continue the service in its entirety or in part.
If a user interferes with 넥스트던(Nextdawn)'s operations.
Based on 넥스트던(Nextdawn)'s managerial decisions, like changes in service policy, deteriorating profitability, or other business considerations that lead to a decision to cease or alter service provisions in whole or in part.
Due to unforeseeable events such as natural disasters, national emergencies, or other force majeure situations.
Service Interruption Notifications: In cases of service interruptions, limitations, or halts as mentioned in the previous clause, members will be informed or notified in advance in accordance with the methods set out in Article 3. However, in unforeseen or uncontrollable situations (such as non-attributable (and/or third party's) hardware or server failures, system shutdowns, etc.), where 넥스트던(Nextdawn) cannot give prior notice, this provision may not apply. Even in these situations, 넥스트던(Nextdawn) will strive to promptly assess and rectify the situation, aiming for the earliest possible restoration of services.
No Liability for Service Changes: 넥스트던(Nextdawn) shall not be held liable for any alterations, interruptions, limitations, or halts to the services, whether stemming from Clause 2 or Clause 3 in Article 6 (This Article).
7. Privacy Policy: At 넥스트던(Nextdawn), we prioritize your privacy. All our practices related to data collection, processing, and usage are outlined in our Privacy Policy.
8. User Conduct:
Users are expressly advised not to share any personal, sensitive, or confidential information when interacting with the AI chatbot (GPT-3).
Sending hateful, criminal, or discriminatory conversations is entirely your responsibility.
Any form of misuse, abusive behavior, or attempts to manipulate, exploit or compromise the AI's functionalities will be grounds for account suspension or other appropriate actions.
9. AI Interactions:
The AI chatbot operates using the OpenAI API, specifically the GPT-3 model.
While "Healingfriends" is fashioned for psychological counseling, it is not intended to replace professional medical advice, diagnosis, or treatment.
Users should exercise discretion and caution as the chatbot's responses may not always be accurate or contextually appropriate. 넥스트던(Nextdawn) does not assume responsibility for this.
10. Meditation Section: "Healingfriends" features a meditation section that provides users with music and instructions for meditation. Users should ensure they're in a safe environment when following meditation instructions. If there are any concerns regarding personal well-being, it's advisable to seek consultation from a professional before embarking on new meditation routines. We are not responsible for any injuries or adverse effects that may arise from the use of our meditation section.
11. In-app Purchases & Subscription
"Healingfriends" offers in-app purchases and subscription options. Subscriptions are available both on a monthly and quarterly (every three months) basis and will renew automatically. Charges will be processed and billed to your account upon confirming the purchase.
12. Return and Refund Policy
In the event that a purchased product has already been utilized, the return and refund may be ineligible.
For those using iOS devices like iPhones and iPads:
You can only refund through Apple Support (https://support.apple.com/en-us/HT204084)
You have 14 calendar days to return an item from the date you received it.
For those using devices that operate on the Android platform:
If it’s been less than 48 hours since you made an in-app or subscription purchase: You can request a refund through Google Play (https://support.google.com/googleplay/answer/2479637?hl=en).
If you want a refund and it’s been more than 48 hours since you made the purchase: The developer can help with purchase issues and can process refunds pursuant to its policies and applicable laws (https://support.google.com/googleplay/answer/113418?sjid=2538074349177694335-AP).
13. Limitation of Liability: "Healingfriends", brought to you by 넥스트던(Nextdawn), is furnished "as-is", devoid of any warranties. While we aspire to deliver value, we cannot guarantee that the application will cater to every user's needs or that its operation will be uninterrupted, timely, or devoid of errors.
14. Intellectual Property: All content within "Healingfriends", inclusive of text, graphics, logos, and AI-generated responses, remains the property of 넥스트던(Nextdawn) (and/or our affiliates and/or third parties) and is protected by international copyright laws. You acknowledge and agree that certain materials on or in "Healingfriends" are the property of third parties and, without prejudice to any and all other rights and remedies available, each such third party has the right to directly enforce relevant provisions.
15. Non-Waiver: Failure by 넥스트던(Nextdawn) to enforce any provision of these Terms of Service, or the failure of either party to exercise a right or to require performance of an obligation under this Agreement, shall not be deemed a waiver of such right, power, or provision. Neither any delay in exercising nor any single or partial exercise of any right or power under this Agreement shall operate as a waiver of that right or power. Any waiver of any provision of these Terms or any breach thereof shall only be effective if in writing and signed by an authorized representative of 넥스트던(Nextdawn) or the relevant party. In case of any discrepancies between this Agreement and any applicable purchase or other terms, the stipulations of this Agreement shall prevail.
16. Dispute Resolution:
Governing Law: These Terms of Service and any disputes arising out of or related to the "Healingfriends" application or these Terms shall be governed by the laws of South Korea, without regard to its conflict of law rules.
Agreement to Arbitrate: By using the "Healingfriends" application, you agree that any dispute, claim, or disagreement arising out of or related to your use of the app or these Terms will be resolved exclusively by arbitration in South Korea, following the South Korean commercial arbitration rules. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff in any purported class action or representative proceeding.
Exceptions to Arbitration: Despite the provisions above, both parties agree that any claims related to intellectual property rights infringement or cases where preliminary injunctive relief is sought shall not be subject to arbitration and may instead be litigated in court.
Opt-out of Agreement to Arbitrate: If you do not wish to be bound by the arbitration provision, you must notify 넥스트던(Nextdawn) in writing within 30 days of the date you first accept these Terms of Service (or within 30 days of any subsequent changes to these Terms). Your written notification must be sent to the address provided in these Terms and must include: your name, address, and a clear statement that you want to opt-out of the arbitration provision in these Terms.
17. Disclaimers: "Healingfriends" serves as a supplementary tool designed to assist in psychological well-being and meditation. HOWEVER, IT SHOULDN'T BE DEEMED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. For any psychological or medical concerns, users are strongly advised to seek consultation with qualified healthcare professionals. 넥스트던(Nextdawn) IS NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD OUR PRODUCTS BE CONSIDERED MEDICAL ADVICE.
18. Contact: Should you have any concerns, questions, or feedback regarding these terms or any aspect of "Healingfriends", please get in touch with 넥스트던(Nextdawn) through the app's contact section or the official channels provided on the website (https://www.next-dawn.com/support).
These Terms are effective and were last updated on August, 29, 2023.
넥스트던(Nextdawn) is located at Room 406, 4th floor, 1114, Gyeongui-ro, Paju-si, Gyeonggi-do, Republic of Korea.