Terms of Service
Terms of Service
Holstee, Inc. (“Holstee,” “we,” “us,” or “our”) operates the Reflection.app application and related websites (each, an “App”, “Software” or a “Site”, respectively) and several related services (all such services, “Services”).
1. Your Acceptance
1.1 This is an agreement between Holstee, Inc. (“Holstee”) registered at 4023 Kennett Pike #58196, Wilmington, DE 19807 USA the owner and operator of Reflection.app (“Reflection.app”, the “App", “Site”, “Software”, or “Service”) and you, a user of the Service.
1.3 You affirm that you are over 13 years of age. If you are under 13 years of age, you are not permitted to use the Holstee Service.
2. Reflection.app Service
2.1 These apply to all users of the Reflection.app Service.
2.2 Subject to your compliance with these Terms, Holstee hereby grants you permission to use the Service, provided that:
(i) your use of the Service as permitted is solely for your personal, non-commercial use;(ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Holstee’s prior written consent;(iii) you will not attempt to alter or modify any part of the Service; and(iv) you will comply with all applicable laws and regulations.
2.3 You acknowledge that from time to time the Service may be unavailable whilst we conduct maintenance and updates of the Application and the Service. We will endeavour to minimize such disruption. We do not guarantee that the Service will be available 24 hours a day, 7 days a week.
2.4 The Service may host information containing links to third party websites that are not owned or controlled by Holstee. Holstee has no control over and no responsibility for any third party websites. By using the Service, you expressly acknowledge and agree that Holstee shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Holstee reserves the right to charge fees for future updates and improvements to the Service. We will notify you of any charges and seek your agreement to them before they are applied.
4. Intellectual Property Rights
You acknowledge and agree that Holstee own or are licensors of all the legal rights and interests in and to the Application, except all User Content (as defined below), subject to copyright and other intellectual property rights under English and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution of any of the Application other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Service for any commercial purposes.
5. User Content
5.1 The Service permits the creation of information, including but not limited to text, images, videos, location and other data submitted by you and other users ("User Content").
5.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing the content.
5.3 You retain all of your ownership rights in your User Content.
5.5 In connection with User Content, you further agree that you will not:(i) submit material that is copyrighted or subject to third party rights, including privacy rights;(ii) publish falsehoods or misrepresentations that could damage Holstee or any third party;(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive;(iv) impersonate another person;(v) send or store material containing software viruses or other malware;(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or(vii) attempt to gain unauthorized access to the Service or its related systems or networks.
5.6 Holstee reserves the right to discontinue any aspect of the Service at any time, for example, due to a security breach or your breach of these Terms.
6. Warranty Disclaimer
Use of the Holstee service shall be at your own risk. To the fullest extent permitted by law, Holstee, its officers, directors, employees, and agents make no express warranties and disclaim all implied warranties, in connection with the service and your use thereof. Holstee makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption of transmission to or from our service, (iv) any viruses or malware which may be transmitted to or through our service through the actions of any third party, or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service. Holstee does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party through the service.
7. Limitation of Liability
In no event shall Holstee, its officers, directors, employees, and agents, be liable to you for any direct, indirect, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, or any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (ii) any interruption of transmission to or from our servers, (iii) any viruses or malware which may be transmitted to or through our service by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available.
You agree to indemnify Holstee, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Holstee without restriction.
10. Governing Law
This Agreement and your use of the Service shall be governed and construed in accordance with the laws of the state of Delaware and the federal laws of the United States applicable therein, excluding the application of any rule or principal of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction.
Any dispute arising under this Agreement shall be resolved exclusively by the courts located in the United States in the state of Delaware. You agree not to bring any legal action against Holstee in any jurisdiction except the state of Delaware and you shall submit and consent to such jurisdiction.
12. Changes in Terms and Conditions
We reserve the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, the Account of any other User or any third party. We reserve the right to modify this Agreement from time to time without notice. Please review this Agreement from time to time so that you will be apprised of any changes.
This Policy was last revised: Aug 1, 2019.
Site Information Collection and Use. When you enter the Site, we collect information with respect to your browser type and IP address. Additionally, Holstee also stores certain information from your browser using cookies (all information collected automatically through interaction with the Site is hereafter referred to as "Site Information"). Cookies are pieces of data stored on the User's computer and contain information about that User. Many major browsers are initially set up to accept cookies. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on the Site.Site Information is collected for statistical purposes and to better serve our users. Our cookies are used to store session data and to help with the usability of our Site. We monitor the Site and analyze traffic patterns to help us with our research and development and create a better experience for you on the Site. Holstee may also keep track of whether external links presented on the Site are followed. We do not link IP addresses to Personal Information nor do we distribute or share IP information with any third party.
Personal Information Collection and Use. Holstee collects and uses your Personal Information primarily for the purpose of providing you with the Service. Your Personal Information is also used to communicate with you about your Account and to provide you with information related to other products and services. Users can update their email preferences directly from the Site on their Account page. Holstee may also contact you from time to time to conduct market research and surveys in an effort to continually improve our product and service offerings.
We do not sell or rent any personally identifiable Registration Data to third parties without your explicit consent. Unless you specifically authorize us to release such information, or release is required or permitted by law, we will not exchange, sell, lease, trade or otherwise give away such information to other third parties.
Personal Information of Children Under 13. Our Site and Services is not directed to children and does not knowingly collect any personally identifiable information from children under 13 years of age. If you are under 13 years of age, please do not submit any personal information on our Site. If Holstee learns that personal information has been submitted on the Site by someone less than 13 years of age, we will delete that information from our records.
Opting Out or Updating Personal Information. You may opt-out of specific communication, inform us of your preferences, or update your personal information through the Site. If you want us to delete your Personal Information and your Account, please contact us at firstname.lastname@example.org with your request. We will start the process to delete your information in a reasonable time.
Third-Party Payment Processing. We may sell subscriptions or merchandise through our Services. When you make purchases through the Services, we may process your payments through a third party application, including the Apple App Store, Google Play App Store, Amazon App Store (together with any similar applications, “App Stores”), and other third-party payment processors, including Stripe. The third party application may collect certain financial information from you to process a payment on behalf of Holstee, including your name, email address, address and other billing information.
Disclosure of Personal Information As Required By Law. We will disclose personal information when required by law, or if we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.
Business Transitions. In the event Holstee goes through a business transition, such as a merger, acquisition by another company or sale of a portion of its assets, our users' personal information may be part of the assets transferred. Users will be notified of a change of ownership or control of their personal information via notice on the Site. If, as a result of the business transition, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with the section of this Policy on Opting Out.
This Policy was last revised: Aug 1, 2019.