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 these Terms of Service:

"Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

"Account" means a unique account created for You to access our Service or parts of our Service.

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

"Country" refers to USA.

"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.

"Device" means any device that can access the Service such as a computer, a cell phone or a digital tablet.

"Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

"Service" refers to the Website and Mobile app.

"Terms of Service" (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.

"Third-party Social Media Service" means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

"Website" refers to Incumental.com accessible from Incumental.com.

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

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Non-Medical Disclaimer

The App provides self-help tools for gambling addiction recovery but is not a medical, psychological, or therapeutic service. It is not a licensed gambling treatment provider and does not offer:

Professional healthcare, diagnosis, or treatment.

Crisis intervention or emergency support.

Relapse prevention, compulsion management, or financial harm mitigation services.

Real-time monitoring, supervision, or alerts.

The Service is not crisis-monitored. Always consult a qualified healthcare provider for medical or mental health needs. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Subscriptions and Billing

Auto-Renewal: Paid subscriptions automatically renew at the end of each subscription period until you cancel. Your payment method will be charged the applicable renewal fee at the start of each renewal period.

Cancellation: You may cancel your subscription at any time through your account settings or the applicable third-party platform (e.g., Apple App Store, Google Play Store). Cancellation must be completed at least 24 hours before the next renewal date to avoid being charged for the next period. Refunds for unused portions of a subscription period are governed by our Refund Policy and the rules of the platform through which you made the purchase.

Platform Billing Supremacy: If you subscribed through a third-party platform (e.g., Apple, Google), all billing inquiries, payment processing, and cancellations are governed by that platform's terms and conditions. The Company does not manage billing or issue refunds for platform-mediated subscriptions.

Renewal Reminders: We will make reasonable efforts to send you a reminder before your subscription auto-renews, but you are ultimately responsible for managing your subscription and renewal dates.

Content

Your Right to Post Content 

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and distribute such Content solely for the purpose of operating, providing, and improving the Service. This license includes the right for Us to make Your Content available to other users of the Service as part of the Service's functionality (e.g., within support communities, if applicable), who may also use Your Content subject to these Terms.

Carve-Out for Sensitive Recovery Data: Content you designate as private recovery journals or personal reflections will not be publicly displayed or performed. Such sensitive content will only be used as necessary for Service operation, for anonymized and aggregated analytics, or for user-requested sharing features.

You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.

Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

Spam, machine -- or randomly -- generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation.

The promotion, facilitation, or instruction of any form of lottery, gambling, or illegal betting is strictly prohibited. However, discussion of personal gambling behavior, experiences, or challenges for the sole purpose of addiction recovery and support within the Service is explicitly permitted.

Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

Impersonating any person or entity including the Company and its employees or representatives.

Violating the privacy of any third person.

False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Data Usage for Service Improvement

AI Model Training: We may use anonymized, aggregated, and non-personally identifiable user Content and data to improve our Service, including for the training and development of artificial intelligence (AI) models. We will never sell your personal recovery data. Any such usage will be conducted in accordance with our Privacy Policy.

Prohibition on Scraping: You are prohibited from using any automated system (e.g., bots, scrapers) to access, collect, or mine data from the Service for any purpose, including for training AI models.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email team@incumental.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

Your address, telephone number, and email address.

A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email team@incumental.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Trademarks

Incumental's trademarks, including logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without Incumental's prior written permission. The absence of a trademark from this list does not constitute a waiver of Incumental's trademark or other intellectual property rights concerning that trademark. All third-party trademarks mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Incumental.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever except where prohibited by applicable mandatory consumer law, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

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 Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

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 Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), 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 do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service 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 Service, 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 Service 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 Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, 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.

Governing Law

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

Disputes Resolution

Any disputes or claims relating to these Terms or your use of the Service shall be resolved in accordance with the Dispute Resolution section of our End User License Agreement (EULA). Please refer to the EULA for details on informal negotiation, binding arbitration, and applicable dispute resolution procedures. By continuing to use Incumental, you agree to be bound by these dispute resolution terms.

Provisions for Users Outside the United States

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 their regions.

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 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.

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 this Agreement. Our services come with guarantees that cannot be excluded, including that they will be provided with due care and skill.

Dispute Resolution for Consumers

If you are a consumer, you may be required to first contact us to attempt to resolve a dispute informally. Any requirement for binding arbitration in our End User License Agreement (EULA) 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. Nothing in this Agreement waives your right to seek relief in a competent court.

Data Privacy Rights

If our processing of your personal data is subject to the EU GDPR or UK GDPR, you have specific rights (e.g., access, rectification, erasure). For users in Canada, we will handle your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial legislation. Please see our Privacy Policy for details on how to exercise these rights. For Australian users, we will handle your personal information in accordance with the Privacy Act 1988 (Cth).

Contact for International Users

For questions related to your rights under local law, you may contact us using the details in the "Contact Us" section. Users in the EEA may lodge a complaint with their local data protection authority. Canadian users may contact the Office of the Privacy Commissioner of Canada.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms 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 these Terms 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.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Data and Privacy

Your data is stored securely and used to personalize and improve your in-app experience. We handle your data in accordance with our Privacy Policy, which details how information may be shared 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 on how your data is collected, used, and shared, please refer to our Privacy Policy.

Contact Us

If you have any questions about these Terms of Service, You can contact us at team@incumental.com or visit our website at incumental.com.