The following is an explanation of Short on Spoons’ policies. Please read carefully prior to using the Short on Spoons app and website as they are a legally binding agreement between you and us. Please note that you must be at least 18 years old to create an account.
This Terms of Service Agreement (agreement) is a legally binding and valid agreement that, in addition to our Privacy Policy, governs the use of the service (the service) as provided via the App “Short on Spoons” (the App) available in the Google Play Store and Apple App Store (the Stores).
The Service is provided by SHORT ON SPOONS LLC (“Short on Spoons“, “us“, “our“, “we“). Our company is registered in Wisconsin, United States. You can contact us at support@shortonspoons.app.
The Agreement controls the relationship between you and SHORT ON SPOONS LLC and does not establish any third party beneficiary rights.
You must be at least 18 years old (the “Minimum Age”) to create an account. If you are a parent or guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the Service.
By using the Service, you agree to the Terms of Service.
The Short on Spoons App offers journaling prompts designed to help users track their journey, celebrate the wins, and navigate challenges specific to their experiences with chronic illness. We offer a limited free service and a fee-based subscription service that provides additional functionalities.
NOT MEDICAL ADVICE:
The information provided by Short on Spoons is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the App or website.
Please register and create an individual account in order to access all of Short on Spoons’ free features and functionalities.
In order to use the premium features, you will have to register and create a personal account.
The process of registration requires consent to this Agreement, including all documents incorporated herein by reference, as well as provision of your email address, date of birth and an individual password. Registration is completed when you confirm your email address.
We reserve the right to reject any registrations and, at our sole discretion, decline the establishment of any accounts aimed at disrupting or falsifying the Service, or those that indeed disrupt or falsify the Service.
You are accountable for maintaining the security and confidentiality of your password. Additionally, you are accountable for all activities conducted on your Account.
As a Short on Spoons user, you have the privilege to utilize the services and content we offer. Nonetheless, you are prohibited from reproducing or distributing any portion of the app or services. By engaging with Short on Spoons, you grant us consent to utilize your anonymous data for enhancing services for all users.
Subject to your acceptance of this Agreement and your utilization of the Service, Short on Spoons hereby grants you a personal, non-transferable, non-exclusive, restricted license (referred to as the License) to utilize the software provided to you as a component of the Service (referred to as the Software). You are prohibited from (or permitting others to) copying, altering, renting, loaning, distributing, selling, leasing, sublicensing, assigning, granting a security interest in, or otherwise transferring any rights in any portion of the Software. Furthermore, you are not permitted to reverse engineer, decompile, or attempt to extract the source code of the Software, unless explicitly authorized or mandated by applicable law.
The Software might periodically download and install updates and upgrades without additional notification to you. These updates are intended to enhance the technical functionality and/or improve the Software and the Service. By utilizing the Service, you consent to the automatic delivery of such updates and upgrades.
Your utilization of the Service (and/or provision of input information) does not confer any legal entitlement, ownership, or interest in the Service or the Software upon you. Both the Service and the Software are safeguarded by copyright, trademark, intellectual property rights, and other relevant laws.
You hold full responsibility for and maintain ownership of all profile information, data, messages, files, or any other materials that you generate, post, or incorporate into the Service (“User Content”). Short on Spoons’ utilization of User Content is subject to our Privacy Policy. By establishing an Account and utilizing the Service, you acknowledge and consent to the Privacy Policy. Short on Spoons bears no responsibility for your User Content. It is your sole responsibility to back up your personal User Content. We do not accept liability for the deletion, corruption, or failure to store any User Content maintained or transmitted through your utilization of the Service, except as mandated by applicable law, particularly concerning the Subscription Service.
You agree not to post, upload, publish, submit, store, or transmit any content or User Content that: (i) violates or infringes upon a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) contravenes any applicable law or regulation, or advocates for conduct that would breach such laws or regulations, or lead to civil liability; (iii) is deceitful, false, misleading, or fraudulent; (iv) is libelous, indecent, pornographic, coarse, or offensive; (v) fosters discrimination, prejudice, racism, hatred, harassment, or harm towards any individual or group; (vi) contains violent or threatening content, or promotes violence or threatening behavior towards any person or entity; or (vii) promotes illegal or harmful activities or substances. Additionally, you agree not to partake in any actions that obstruct or disrupt the Service (or the servers and networks connected to the Service).
To use the Short on Spoons app or sign up for a subscription, you must download it or make purchases through respective app stores. Therefore, payments, if any, are made to the operators of those app stores and not to us directly. Consumer rights associated with the purchase must be exercised in relation to the app stores.
The Subscription Service requires the acquisition of the relevant options available in the App and/or Store (subscription terms are typically offered on a monthly or annual basis). The process of ordering and paying for the Subscription Service is facilitated through an in-app purchase from the relevant Store. The legal aspects associated with the purchase and any consumer or other rights arising from it are solely managed by the respective Store, not by Short on Spoons. When making the purchase, payment is conducted through the payment methods specified in your user account with the respective Store, and the payment and general terms of the relevant Store govern the transaction. Short on Spoons is not involved in the purchase transaction and hereby disclaims any obligation, responsibility, and/or liability arising from it.
The prices for the Subscription Service quoted in the App include value added tax. Prices for the Subscription Services may differ based on the jurisdiction you are purchasing from.
Short on Spoons may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Short on Spoons until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Short on Spoons reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Our “Monthly” subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our “Annual” subscription is paid for by an upfront one-time-a-year payment with automatic annual renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
Short on Spoons, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Short on Spoons will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Short on Spoons on a case-by-case basis and granted in sole discretion of Short on Spoons.
WE DO NOT PROVIDE ANY GUARANTEE OR SPECIFIC LIABILITY CONCERING THE SERVICE AND ITS SUITABILITY FOR YOUR INTENDED PURPOSE. SPECIFICALLY, WE ARE NOT ACCOUNTABLE IF USERS UTILIZE THE SERVICE FOR MEDICAL PURPOSES THAT CONTRADICT THE EXPLICIT INTENTION OF OUR SERVICES.
SHORT ON SPOONS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICE FOR MEDICAL PURPOSES OR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE.
Product descriptions are not considered guaranteed unless expressly agreed upon in writing. We do not guarantee that the Service can fulfill specific objectives or that its results are exhaustive and precise.
Provided we are liable for damages caused by the Service according to applicable law, liability shall be limited as follows and the limitation shall also apply to our representatives. In the event of breaches of contract and corresponding liability caused by simple negligence it shall be limited to the typical average direct damages that were foreseeable at the time of concluding the contract. Neither we nor our legal representatives or agents assume any liability for breaches of non-essential contractual obligations arising from simple negligence; i.e. such obligations that are not required to perform the Service or this Agreement. The aforementioned limitations of liability do not affect any claims you raise under product liability law or a separate guarantee. For gross negligence and intentionally caused damages liability shall be unlimited. Further, the aforementioned limitations of liability do not apply to damages relating to life, limb and health attributable to us.
Please read our Privacy Policy to learn about the use of your personal data related to Short on Spoons.
We take your privacy and data protection very seriously. We share and/or analyze your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy Policy available at https://shortonspoons.app/privacy-policy
By using the Service, you agree to the collection and use of personal information in accordance with our Privacy Policy.
We reserve the right to modify these Terms and Conditions periodically. It is recommended that you routinely review these Terms and Conditions for any changes and take note of the date indicated at the top of this page, indicating when these Terms and Conditions were last updated. The revised Terms and Conditions will become effective on the date we announce any modifications through the Short on Spoons app and Services. If you do not agree with the revised Terms and Conditions, you have the option to discontinue using the Short on Spoons app and Services, and you should do so promptly. Your continued use of the Short on Spoons app and Services following the publication of the changes will signify your acceptance of the amended Terms and Conditions.
Section headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
We may transfer this agreement to someone else. We reserve the right to transfer our rights and obligations under these terms to another organization. If such a transfer occurs, we will notify you via email and ensure that the transfer does not impact your rights under the contract. If you are dissatisfied with the transfer, you have the option to terminate this contract as described above.
You need our consent to transfer your rights to someone else. You can only assign your rights or obligations under these terms to another individual if we provide written consent. We may decline consent if we deem a transfer imprudent due to the close connection of the Plan to you and its association with your personal data.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Any waiver must be in writing to be effective, and no waiver shall imply a continuous waiver preventing us from taking action against any ongoing or subsequent breach or default.
Our failure to utilize or enforce any right or provision outlined in these Terms and Conditions does not indicate a waiver of such right or provision. If any provision of these Terms and Conditions is deemed unenforceable or invalid by any court of competent jurisdiction, that provision shall be restricted or eliminated to the minimum extent necessary for these Terms and Conditions to remain in full force and effect and enforceable between you and us.
We act as an independent service provider for all intents and purposes while fulfilling our obligations under these Terms and Conditions. These Terms and Conditions do not aim to, nor shall they be interpreted to, establish any other form of legal relationship, including partnership, agency, trustee, fiduciary duty, joint venture, or any similar legal association between us.
Notwithstanding any other provision in these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce these Terms and Conditions.
These Terms and Conditions represent the comprehensive agreement concerning their subject matter and override and nullify all prior communications, representations (except fraudulent misrepresentations), and arrangements, regardless of whether they were written or oral.
These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by United States law. You and we both agree that the courts of Wisconsin shall have non-exclusive jurisdiction.
These Terms and Conditions do not aim to restrict any compulsory rights you may possess as a consumer in your jurisdiction or hinder your ability to bring forth any claim in any court that you are entitled to make as a consumer.
Questions or comments about the Service or these Terms may be directed to us at the email address support@shortonspoons.app.