Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

"Agreement" means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

"Application" means the software program provided by the Company downloaded by You through an Application Store's account to a Device, named Incumental.

"Application Store" means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.

"Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Incumental, Inc.

"Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

"Country" refers to: United States of America.

"Device" means any device that can access the Application such as a computer, a cellphone or a digital tablet.

"Family Sharing / Family Group" permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others' eligible Applications to their associated Devices.

"Third-Party Services" means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

"You" means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

Important Non-Medical Disclaimer

THE APPLICATION IS A SELF-HELP TOOL FOR GAMBLING ADDICTION RECOVERY AND IS NOT A MEDICAL DEVICE, HEALTHCARE SERVICE, OR LICENSED TREATMENT PROGRAM. INCUMENTAL IS NOT A MEDICAL PROVIDER, THERAPIST, OR CRISIS SERVICE.

No Medical Advice: The Application does not provide medical, psychological, or therapeutic advice, diagnosis, or treatment. It is not a substitute for professional healthcare.

No Clinical Care: We do not provide clinical care, relapse prevention, financial harm mitigation, or any form of regulated gambling treatment.

No Real-Time Monitoring: The Application does not monitor your behavior, location, or well-being in real-time. It provides no crisis intervention, emergency alerts, or supervision.

Not a Covered Entity: We are not regulated under the Health Insurance Portability and Accountability Act (HIPAA) in the United States or similar health data protection laws in other jurisdictions. Information you share is not considered Protected Health Information (PHI).

IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE FEELING SUICIDAL, OR ARE IN CRISIS, IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES (e.g., 911 in the US) OR A CRISIS HOTLINE (e.g., 988 Suicide & Crisis Lifeline).

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions. The Application is intended for users 18 years of age and older only. While Family Sharing may be enabled through the Application Store, you acknowledge that sharing the Application with minors is prohibited, and you are responsible for ensuring the Application is only accessed by adults.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

Copy, reproduce, modify, create derivative works from, or scrape any audio, video, text, or other proprietary content (e.g., guided sessions, courses) contained within the Application for any purpose, including for training artificial intelligence models.

Use any automated system (e.g., bots, scrapers) to access the Application or extract data.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets, audiovisual content, course materials, and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance, support, or real-time monitoring for the download and use of the Application. The Application is not a crisis response tool. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services, including analytics and advertising services that may use cookies and similar tracking technologies as described in our Privacy Policy. You may have options to manage your preferences for these services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice, except where such right is prohibited or limited by applicable mandatory consumer protection law (e.g., in the EEA, UK, Canada, or Australia).

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

1. Governing Law and Jurisdiction (Overriding Clause)

For consumers in the EEA, UK, Canada, or Australia: The laws of your country of residence (and, for Canadian users, your province of residence) will govern this Agreement and any disputes related to it. You also retain the right to bring proceedings in the courts of your country of residence. 

For all other users (e.g., business entities) in these regions: This Agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the courts located in New Castle County, Delaware.

2. Limitation of Liability

Nothing in this Agreement limits or excludes liability for:

Death or personal injury caused by our negligence.

Fraud or fraudulent misrepresentation.

Any liability which cannot be limited or excluded under applicable mandatory law, including under the Australian Consumer Law, the UK Consumer Rights Act 2015, EU Consumer Rights Directive, or Canadian provincial consumer protection and sale of goods legislation.

Where we are liable to you as a consumer under mandatory statutory guarantees, our liability is limited, at our option, to: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

3. Mandatory Consumer Rights

You have statutory guarantees under the Australian Consumer Law, certain rights under the UK Consumer Rights Act 2015 and EU consumer protection laws, and implied warranties under Canadian provincial sale of goods and consumer protection acts. These legal guarantees and rights are not excluded, restricted, or modified by the "No Warranties" or other sections of this Agreement. Our Application and services come with guarantees that cannot be excluded, including that they will be provided with due care and skill.

4. Dispute Resolution for Consumers

The "Dispute Resolution & Arbitration Agreement" section below does not apply to consumers in the EEA, UK, Canada, or Australia to the extent it would deprive you of the protection of the mandatory laws of your country of residence, including your right to bring an action in your local courts. Nothing in this Agreement waives your right to seek relief in a competent court.

5. Termination

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Dispute Resolution & Arbitration Agreement

Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting us at team@incumental.com with:

- A detailed description of the issue.

- Your proposed resolution.

We will respond within 30 days to negotiate in good faith.

Binding Arbitration

If unresolved, all claims or disputes (except those exempt below) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Key terms:

Single Arbitrator: A neutral third party, mutually agreed upon.

Location: Arbitration will occur via video conference or in [Your State/Country].

Costs: Each party covers its own fees, but we’ll pay the arbitrator’s costs unless the claim is

frivolous.

Award: The arbitrator’s decision is final and enforceable in court.

Exceptions to Arbitration

Either party may sue in court for:

Injunctive relief (e.g., to stop misuse of the app).

Small claims (if the claim qualifies for small claims court).

Class Action Waiver

Claims must be brought individually, not as a class, consolidated, or representative action.

Opt-Out Right

You may reject this arbitration clause by emailing team@incumental.com within 30 days of accepting the EULA, stating your name and intent to opt out.

Governing Law

This clause and all disputes are governed by the laws of the U.S.A excluding conflict-of-law principles.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven't purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Refunds

All refund requests are governed by our Refund Policy, which is incorporated into this Agreement by reference. However, purchases made through the Apple App Store or Google Play Store are subject to the respective store's refund policies and processes. For such purchases, you must seek any refund directly through Apple or Google. We reserve the right to modify our Refund Policy at our discretion, with changes effective upon posting.

Data and Privacy

We handle your data, including sensitive recovery information, in accordance with our Privacy Policy. Your data is used to operate and improve the Service. As detailed in our Privacy Policy, we may share data with service providers, for analytics, in business transfers, or for international processing. It is never used for diagnosis, treatment, or clinical decision-making. For complete details, please refer to our Privacy Policy.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If you have any questions, feedback, or concerns about this Disclaimer, you can contact us at team@incumental.com or visit our website at Incumental.com