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Application Terms and Conditions of Use and Privacy Policy

Application Terms and Conditions of Use and Privacy Policy

These Terms and Conditions govern the download, access, and use of the various mobile applications (hereinafter, the "APPS") owned by C4F. These APPS are freely available to users on Google Play (Android) and the Apple Store (iOS), and access is provided through the links on our website (thegratefulapp.com).

By downloading and using any of our applications, you signify your agreement to and acceptance of these terms of use and our privacy policy. Coding4Fitness LLC (hereinafter C4F) with registered office at 83 Lori Dr Niskayuna, NY 12309-3139, United States. is the owner and responsible for the APPS.

Objective

The APPS provide users with an option of journaling digitally and access to a diverse selection of engaging content aimed at motivation and self-improvement. This includes motivational phrases, daily affirmations, interesting trivia, and more. Users can access this content through their mobile devices whenever they need a boost.

Compatible Devices

Our applications are freely available on both Google Play (Android) and the Apple Store (iOS). By downloading and using our apps, you agree to comply with the terms and conditions set by these respective app stores.

Getting Started

When you first open one of our APPS, you'll have the option to answer questions related to your preferences for the type of content you want to receive.

You can also choose how often you'd like to receive reminders on your mobile device. These settings can be easily changed at any time through the configuration panel within the APP.

After completing the initial setup, you'll have access to a free version of the APP with a limited selection of content. This lets you try out the APP and see if it's a good fit for you. To unlock the full range of content, you'll need to subscribe to the Premium version. We offer flexible payment plans (monthly, annual, or lifetime) that can be processed through the GOOGLE PLAY STORE or APPLE STORE, depending on where you downloaded the APP.

For the terms of use associated with these app stores, please visit:

Usage Methodology

When you open the app, you'll land on the main screen. Here, you'll find the content you've selected: the option to start writing a journal entry, motivational phrases, daily affirmations, jokes, vocabulary, fun facts, and more. You can easily share your favorites or mark them for easy access later.

The app will send reminders or notifications to your mobile device containing your chosen content. You set the frequency and amount of content in the settings.

General Settings

Tap the icon in the home screen to access settings. Here, you can update your initial preferences, manage your subscription, and read the terms of use, privacy policy, and FAQs.

Categories

Tap the icon in the bottom right corner to open the "Affirmations" menu. Here, you can refine the types of content you receive, view your favorites, and access any content you've created yourself.

Journals

Also accessible from the home screen, the "Home" section lets you read through your past journal entries. You can even accept challenges that build a habit of journaling on a regular basis.

Intellectual Property Rights

C4F holds all intellectual and industrial property rights related to the APPS. This includes exclusive rights to reproduce, distribute, publicly communicate, and transform the applications. Third-party content within the APPS, such as photos, logos, and other elements, are used with express permission from their respective owners. Any unauthorized reproduction, modification, distribution, commercialization, decompilation, disassembly, reverse engineering, or attempts to obtain the source code of the APPS constitutes an infringement of C4F's intellectual property rights.

User Content

The APPS allow you to create and share your own motivational content (phrases, affirmations, jokes, etc.). Remember, you are fully responsible for the legality, reliability, and appropriateness of any user content you share.

When you post user content through the APPS, you confirm:

  • You own the content or have the necessary rights and permissions to share it.
  • Sharing your content does not violate anyone else's privacy, publicity, copyright, contract, or any other rights. C4F reserves the right to remove accounts that infringe copyright.

While you retain ownership of your user content, you grant C4F a license to use, modify, publicly perform, display, reproduce, and distribute your content within the APPS. This license also allows other users of the APPS to engage with your content in accordance with these Terms.

Privacy Policy

Personal Data Protection

In accordance with applicable data protection regulations, please be advised that any personal data you provide to us through our APPS, emails, or other communication channels will be processed by C4F as the Data Controller.

What is personal data and what data is processed?

Personal data refers to any information that identifies or could identify a natural person (name, image, voice, address, email, phone number, official ID, etc.). It can also include information related to a person, such as their tastes, preferences, habits, behavior, products/services they use, etc.).

C4F will process the data necessary for its intended purposes. This data may be requested as needed depending on the specific circumstances and the selected application. We collect only the following data:

  • Name (optional)
  • Email Address (optional)
  • Mood (optional)

Automatic Data Collection

We automatically collect certain information when you visit, use, or browse the APPS. This information does not directly reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, information about how and when you use our APPS, and other technical information. This information is primarily needed to maintain the security and operation of our APPS, as well as for our internal analysis and reporting.

This information includes:

  • Log and Usage Data: Diagnostic, usage, and performance information our servers gather when you access or use our APPS. This may include your IP address, device information, browser type and settings, and information about your activity on the APPS (associated date/time stamps, pages and files viewed, searches, and other actions you take).
  • Device Data: Information about your computer, phone, tablet, or other device used to access the APPS (IP address, device and APPS identification numbers, browser type, Internet service provider and/or mobile operator, hardware model, operating system, and system configuration information). How much information we collect depends on the device you use to access the APP. You may opt-out of allowing us to collect this information by denying access within your device settings.
  • Specific APP-Related Information: If you use our APPS, we may also request access or permission to certain features of your mobile device (reminders, social media accounts, etc.). You may change your settings to modify these permissions. We may also automatically collect device information (identifiers, model, manufacturer), operating system, system version and configuration information, device and APPS identification numbers, browser type and version, hardware model, internet service provider and/or mobile operator, and IP address. We always ask to send you push notifications. You can disable these through your device's settings.

Data Controller

C4F will process your personal data.

Purposes, Method, Legal Basis for Processing Personal Data, and Storage Periods

C4F will only process your personal data in ways that align with a valid legal basis and will always fulfill its duty to inform you and uphold essential data protection obligations. Processing will occur as follows:

  • Provision of Services: To provide, answer requests, maintain an established professional/contractual relationship, perform customer service, manage invoicing/collection of contracted services, carry out statistics/studies, and to maintain the correct provision of service. The legal basis is the performance of the contracted/requested services. We will retain your data only as long as necessary to maintain the purpose of the processing.
  • Legitimate Interest in Research, Information, and Improvement of Services: C4F will process your data for research, information, and to improve our services. We may send you information, promotions, and/or activities related to the services provided. The legal basis is the express consent given for this. You may unsubscribe at any time.
  • Sending of Information and Commercial Communications: If C4F wishes to send commercial communications from third parties related to our services, we will inform and obtain your prior consent.

To Whom Do We Provide Your Personal Data?

Your information will be treated confidentially with all necessary security measures. C4F may share your personal data only with companies essential to fulfilling products/services. We might also share data with public administrations and other private entities to comply with our legal obligations.

Minors

Our APPS are intended for adults. C4F is not responsible for the use of the APPS by minors. Downloading and using the APPS remains the sole responsibility of the user.

We do not deliberately collect information from minors without express written authorization from their parents/guardians. We will use appropriate technical means to prevent minors from accessing our services without parental/guardian consent.

If C4F detects that a minor is using any of its APPS, it will cancel the information sent and communicate the situation to the competent authority. We request cooperation from all users – if anyone detects disclosure or use of this data, please communicate it through the provided email to proceed accordingly.

International Transfers

C4F APPS are available globally. C4F treats user data with adequate guarantees and always upholds the security of your data in accordance with the data protection regulations of the user's country of residence.

Exercise of Rights

C4F informs you that you have the following rights:

  • Access: The right to know if C4F is processing your data, and if so, obtaining information about it.
  • Rectification: The right to correct errors and modify inaccurate or incomplete data.
  • Deletion: The right to have data deleted, unless there is a legal obligation or other legitimate reasons for C4F to retain it.
  • Limitation: The right to restrict processing while data accuracy or legitimacy is verified, or to prevent modification/erasure to preserve it as evidence.
  • Opposition: The right, based on your situation, to object to the processing of your data. C4F will cease processing except for overriding legitimate reasons, or for the exercise/defense of potential claims.
  • Portability: The right to receive your data for transmission to another controller in a structured, commonly-used, and machine-readable format.

You can exercise your rights (access, rectification, deletion, limitation, opposition, portability), or revoke consent, by written communication with a copy of your ID document addressed to C4F at the following email: [email protected]

Security

C4F undertakes to adopt the technical and organizational security measures established by regulation to guarantee the security of your personal data and prevent its alteration, loss, unauthorized processing, or access. We consider the state of the technology, the nature of the data stored, and the risks to which it's exposed – all in accordance with the applicable regulations.

All information transfers that our APPS carry out with our own or third-party cloud servers are encrypted and secured through a secure hypertext transfer protocol (HTTPS). This guarantees that the information cannot be intercepted.

Transfer of Data of Third Parties to C4F

If you provide C4F with personal data of third parties necessary for the provision of services, you declare that you have previously obtained their express consent to transfer that data to C4F.

Changes to the Privacy Policy

C4F may update this PRIVACY POLICY at any time. An updated version will always be available on the APPS. If these changes affect purposes not outlined in this policy, we will inform you sufficiently in advance of any further processing via the contact information you provided. This way, if appropriate, you can exercise the rights you deem necessary.

Service Quality and Disclaimer

  • Best Efforts: C4F aims to provide the highest quality service. However, we cannot be held liable for damages caused by system failures, malware, interference, disruptions, or service malfunctions.
  • Third-Party Actions: C4F is not responsible for damages caused by the improper use of our APPS or actions of third parties. We are also not liable for external actions or negligence that might affect your computer equipment or that of others.
  • Indemnification: You agree to hold C4F, its subsidiaries, affiliates, officers, and employees harmless from any claims (including legal fees) arising from your improper use of the APPS, violation of our Terms and Conditions, Privacy Policy, or any applicable laws.
  • Viruses: C4F cannot guarantee complete protection against viruses that might affect your equipment. Please take the necessary precautions on your end to mitigate risks.
  • Force Majeure: C4F will not be held responsible for interruptions to the APPS caused by events outside our control, such as force majeure or unavoidable updates.
  • Temporary Interruptions: We may temporarily interrupt access to the APPS for security measures or improvements.
  • Sole User Responsibility: You are solely responsible for how you use the APPS. C4F will not be liable for losses or damages connected to your improper use of the APPS or failure to comply with our Terms and Conditions.
  • Information Provided: C4F provides the information within the APPS. You are responsible for making sure you use this information correctly, in accordance with our policies (General Conditions, Privacy, Cookies, and any applicable Terms and Conditions of Contract).
  • Dissatisfaction: If you're dissatisfied with the APPS, your only recourse is to cease using them and their services.

Severability

If any part of these General Conditions, the Privacy Policy, the Cookies Policy, and/or any applicable Terms and Conditions of Contract is found to be invalid or unenforceable by a legal authority, that specific section will be considered removed. The remaining provisions will still remain valid and in full effect.

Contact Us

For any questions, incidents, or queries about the APPS, please contact us at [email protected]