Courage in Progress Terms and Conditions

  1. Terms and Conditions 

The following Assets listed in this Terms and Conditions (Application and Website) are licensed to You (End-User) by Courage in Progress located at Koningin Wilhelminalaan 501, 2274 BD, Voorburg, Netherlands (hereinafter: 'Licensor','Courage in Progress'). Email: hello@courageinprogress.com, for use only under the terms of this License Agreement. 

 

2. Agreeing on Terms & Conditions

 

Below follows the general Terms & Conditions (T&C) of use, which may be updated by Courage in Progress without given notice to users. The most updated version of the T&C can be accessed at any time at www.courageinprogres.com/terms-and-conditions. Past terms and conditions and Customer Policies can be accessed on request by written notice.  

By accessing, browsing, and/or using the products of Courage in Progress, you accept and agree to be bound to these T&Cs. In addition, when using particular Courage in Progress services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified over time.

Effective as of 01 December 2020 

3. The Assets  

  1. The Application ‘Courage in Progress’ consists of products within which You, the End User, can access live video spaces to connect with other End-Users. These products include:

  2. IAMYU product. 

  3. Interaction with other users: 

    1. The videos consist of a video call format with another randomly selected End-User from the Application who is online. 

    2. Each User gets three minutes to share or speak. 

    3. During the sharing the other user is muted. 

    4. These video chats are private between the two End-Users, and are not recorded or stored by Courage in Progress. See Privacy Policy for further information. 

    5. Limitations to the Services: We strive to offer the Service without significant interruptions and to improve the Service continuously. However, it may occur that the service is completely or partially unavailable for certain periods of time for reasons of planned or unplanned downtime, for maintenance or in case of technical difficulties.


 

4. User Account  

 

  1. Sign up is required to use the Application. 

  2. The Application is open for public use.  

  3. You must be 18 years of age or older to use this Application. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age

  4. Accounts may not be registered by bots or other automated methods.

  5. Each User may only register one account.

  6. User accounts may not be shared with other people

  7. If You create an account in the Mobile Application, You are responsible for maintaining the security of your account and You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Courage in Progress may, but have no obligation to, monitor and review new accounts before You may sign in and start using the Services.

  8. Courage in Progress reserves the right to refuse service, suspend, disable, or delete your account (or any part thereof) if it is determined that You have violated any provision of this Agreement or that your conduct or content would tend to damage the reputation and goodwill of Courage in Progress. 


 

5. Scope of License of Assets 

  1. The Courage in Progress Application is a piece of software created and customized for Apple and Google Play devices. 

  2. You are given a non-transferable, non exclusive, non-sublicensable license to install and use the Licensed Application on any Apple/ Google branded Products that You own or control and this permitted by the Usage Rules set forth in this section and the Apple Store/ Google Play Store Terms of Service. 

  3. This license will also govern any updates of the Application provided by the Licensor that replace, repair, and/ or supplement the first Application, unless a separate license is provided for such update in which case the terms of the new license will govern. 

  4. You may not share or make the Application available to third parties (unless to the degree allowed by the Apple/ Google Terms and Conditions, and with Courage in Progress’s prior written consent), sell ,rent, lend, lease or otherwise redistribute the Application. 

  5. You may not reverse engineer, translate, disassemble, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Courage in Progress’s prior written consent). 

  6. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, any features that prevent or restrict use or copying of any content accessible through the Application, or any features that enforce limitations on the use of the Application or the content therein.

  7. You may not attempt to gain unauthorized access to the Application, or any part of the website, other accounts, computer systems or networks connected to the website, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Application or any activities conducted on the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application. You agree neither to modify the Application in any manner or form, nor to use modified versions of the Application, including (without limitation) for the purpose of obtaining unauthorized access to the Application.

  8. You may not copy (excluding when expressly authorized by this license and the usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, and any other terms and conditions that apply to the device and software licenses. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. 

  9. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages. 

  10. Licensor reserves the right to modify the terms and conditions of licensing. 


 

6. Intellectual Property 

  1. The Application is owned and operated by Courage in Progress. The visual interfaces, graphics, icons, text, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Application and Website provided by Courage in Progress (“Materials”) are protected by European Union copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. 

  2. All Materials, including trademarks, service marks, and trade names contained on the Application and Website are the copyrighted property of Courage in Progress or its subsidiaries or affiliated companies and/or third-party licensors.  

  3. Except as expressly authorized by Courage in Progress, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Nothing in these terms and conditions constitutes a transfer of any intellectual property rights.


 

7. Technical Requirements 

  1. The Application does not require a specific firmware version to run, however Courage in Progress recommends using the latest version of firmware. 

  2. Courage in Progress attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. 

  3. You acknowledge that it is Your responsibility to confirm and determine that the app End-User device which You intend to use the Application satisfies the technical specification mentioned above. 

  4. Courage in Progress reserves the right to modify the technical specifications as it sees appropriate at any time. 

 

8. Maintenance and Support 

 

  1. Courage in Progress is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed application.

  2. Courage in Progress acknowledges Apple and/or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application licenses.

  3. If You have any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the following email address techsupport@courageinprogress.com 

 

9. Community Guidelines/ Boundaries

 

  1. Upon download/registration within the Application, You agree to use the Application only for their intended purpose and strictly in accordance with the instructions, precautions and guidelines.

  2. By using the Site, you promise not to: 
    1. Harass, threaten, or defraud other Users; Make unsolicited offers, advertisements, proposals, or send junk mail to users; Impersonate another person or access another user’s account without that person’s permission; Share Your password with any third party or encourage any other user to do so;

    2. Displaying copyrighted material that is not your own or that you do not have the legal right to distribute and otherwise make available to others; or Upload or send to Application users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content. 

    3. Those who choose to access the Application do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.

    4. By joining up to the Application You agree to follow the specific boundaries to be followed during use of the in-Application services: 

      1. No alcohol

      2. No substances

      3. No nudity

      4. No storytelling

      5. No feedback

      6. No commenting (same as feedback): negative or positive or any type of reference to the others

      7. No responses (including physical acknowledgments, smiling, nodding, anything)

 

As a condition of your use of the Application, you will not use the Application for any purpose that is unlawful or prohibited by these T&C’s. You may not use the Application in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the website.

 

10. Third parties 

 

  1. Courage in Progress will not be held liable for the actions, words, behaviours of other users within the Application. 

  2. Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), Courage in Progress is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Courage in Progress is not responsible for examining or evaluating, and will not warrant the offerings of, any businesses or individuals or the content of their resources. Courage in Progress do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which You access through a link in the Mobile Application and Services. Your linking to any other off-site resources is at your own risk.

 

11. Privacy

 

  1. The Courage in Progress Privacy Policy can be found at the following location www.courageinprogress.com/privacy-policy

  2. Please read the privacy policy carefully for information relating to the collection, use, and disclosure of your personal information.

12. Warranty

  1. Courage in Progress warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. 

  2. You are responsible for configuring your information technology, computer programmes and platform to access our Services after Download. You should use your own virus protection software.

  3. The Application is provided “AS IS” and Courage in Progress makes no warranty or representation to You that: 

    1. Your use of the Application will be uninterrupted, timely, secure or free from error. 

    2. Defects in the  operation or functionality of any software provided to you as part of the Application will be corrected. 

13. Legal Compliance

  1. These T&Cs shall be governed in all respects by the laws of the country where the company and its legal entity is registered. You agree that any claim or dispute you may have against Courage in Progress must be resolved by a court located in the country of registration, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the country of registration for the purpose of litigating all such claims or disputes.

  2. This Application’s license agreement is created, controlled in all respects by the laws of the country where the company and its legal entity is registered (The Netherlands). 

14. Indemnification; hold harmless

  1. You agree to indemnify and hold Courage in Progress, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Application, violation of these T&C, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

15. Waiver

  1. A provision of these T&C’s may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these T&C will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these T&C’s.

  2. Limitation of liability and damages UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL COURAGE IN PROGRESS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE APPLICATION, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE APPLICATION, OR ANY OTHER INTERACTIONS WITH COURAGE IN PROGRESS, EVEN IF COURAGE IN PROGRESS OR A COURAGE IN PROGRESS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COURAGE IN PROGRESS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL COURAGE IN PROGRESS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPLICATION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).

16. App Store 

  1. Notice regarding Apple.

    1. By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

      1. These Terms are between Courage in Progress and You; Apple is not a party to these Terms.

      2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Application on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.

      3. Apple is not responsible for the Application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

      4. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

      5. Apple is not responsible for addressing any claims by you or a third party relating to the Application or your possession or use of the Application, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

      6. In the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.

      7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

      8. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

 

  1. Notice regarding Google Play.
    1. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
    2. To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play, and

    3. you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Courage in progress or you (or any other user) under these Terms or the Google Play Terms.

17. General

  1. Severability. If any provision of these T&C shall be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these T&C and will not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other terms.