Last updated: 6 December 2022
Welcome to Zoala!
Please read these terms carefully before you start using the Services.
The terms “Zoala,” “us” or “we” refers to Zoala Pte Ltd., a software company who designed and built Zoala, incorporated and operating in Singapore.
The term “device” refers to the device which is used to access the Services including but not limited to computers, smartphones and tablets.
The term “you” refers to the user of the Services.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
Our contact email address is firstname.lastname@example.org. All correspondence to Zoala including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND ZOALA AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND ZOALA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. OUR SERVICES
Zoala offers a self-help program based on communication with your personal chatbot through a text and voice interface.
1.1. Medical disclaimer
Zoala is a provider of software and content designed to improve your mood and emotional wellbeing. However we are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services or other professional services. Only your physician or other healthcare providers can do that. While there is third party evidence from research that certain conversation techniques implemented in Zoala can assist in the recovery process for a wide array of conditions, Zoala makes no claims, representations or guarantees that the Services provide a therapeutic benefit.
Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 999, or +65-6389 2222, or go to the nearest open clinic or emergency room.
If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 999, or +65-6389 2222, or notify appropriate police or emergency medical personnel.
1.3. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Zoala will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services.
2. MEMBERSHIP & SUBSCRIPTIONS
2.1. Becoming a member
2.2. Once a member
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Zoala of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Zoala will not be liable for any loss or damage arising from your failure to comply with this Section.
2.3. Your membership
As a Zoala Member, you will receive access to content, features, and functions of the Services that are not available to non-members.
By agreeing to become a Member you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails. You can easily unsubscribe from Zoala commercial emails by following the opt-out instruction in these emails. Zoala memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
2.4.1. Choosing a subscription program
Once you become a Zoala Member, you can choose one of the subscription programs offered in Zoala. Subscription programs may differ from business and feature requirements.
- “Free Use”: a free-of-charge program, which gives limited access to the Services. The “Free Use” is aimed at users who either cannot afford or do not wish to subscribe to the subscription-fee based program. We reserve the right to deny the free use to anyone at any time on our own discretion.
- “Zoala Business/Premium”: a subscription-fee based program, which gives paid access to the Services.
You can subscribe to Zoala paid program by contacting our team.
2.4.2. Maintaining a Paid Subscription
Any of our paid subscriptions shall be paid according to the agreed billing period (monthly, or annual instalments) and processed by Zoala Team.
You will only have access to a paid subscription while it is active and subsisting. Should you fail to pay your subscription by billing due date, your service will be suspended until any outstanding payments have been received.
The renewal subscription fees will continue to be billed to the Payment Method you provided to Zoala, automatically until cancelled. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
You can modify or cancel your paid subscription by contacting Zoala Team.
The sale is final and we will not provide a refund.
2.5. Device requirements
To enjoy Zoala via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google and Apple App marketplaces.
3. CANCELLATION OF SERVICES
3.1. Cancellation by you
You may cancel your Membership at any time by contacting Zoala Team and/or by deleting your account in the app. This action is irreversible. As soon as you delete your account, all the data associated with your use of the Services will be removed permanently.
You may cancel a Paid Subscription at any time without deleting your account. Cancellation is effective at the end of the applicable billing period.
3.2. Cancellation by us
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
4. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Zoala has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. MOBILE SERVICES
Some of our Services are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Zoala and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
In the event you change or deactivate your mobile telephone number, you agree to promptly update your Zoala account information to ensure that your messages are not sent to the person that acquires your old number.
6. CONDITIONS OF USE
6.1. User conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Zoala. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
- Email or otherwise upload any content that :
(i) infringes any intellectual property or other proprietary rights of any party.
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships.
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation.
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable.(vii) in the sole judgment of Zoala, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Zoala or its users to any harm or liability of any type;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- Violate any applicable local, state, national or international law, or any regulations having the force of law.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Solicit personal information from anyone under the age of 18.
- Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised.
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
6.2. Commercial use
The Service is for your personal use only. Unless otherwise expressly authorised herein or in the Services, you agree not to display, distribute, licence, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
7. APPLE APP STORE AND GOOGLE PLAY STORE LEGAL
These Terms apply to your use of all the Services, including the iPhone application available via Apple, Inc. (“Apple”) App Store (the “Applications”), and the Android application available via Google, Inc. (“Google”) Play Store (the “Applications”), but the following additional terms also apply to the Applications:
- Both you and Zoala acknowledge that the Terms are concluded between you and Zoala only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control.
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application.
- You acknowledge and agree that Zoala, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application.
- You acknowledge and agree that in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Zoala, and not Apple or Google, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim.
- Both you and Zoala acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use and
- Both you and Zoala acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
- Zoala and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Service content, software, and trademarks
You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Zoala, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Zoala from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Zoala, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Zoala.
The Zoala name and logos are trademarks and service marks of Zoala (collectively the “Zoala Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Zoala. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of Zoala Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Zoala Trademarks will inure to our exclusive benefit.
8.2. Third party material
Under no circumstances will Zoala be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Zoala does not pre-screen content, but that Zoala and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Zoala and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Zoala, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8.3. User content transmitted through the Services
With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Zoala and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Zoala are non-confidential and Zoala will be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Zoala may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests
(b) enforce these Terms of Service
(c) respond to claims that any content violates the rights of third parties
(d) protect the rights, property, or personal safety of Zoala, our users and the public.
You understand that the technical processing and transmission of the Services, including your content, may involve :
(a) transmissions over various networks
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. THIRD PARTY WEBSITES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Zoala will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Zoala is not liable for any loss or claim that you may have against any such third party.
10. WARRANTY, INDEMNITY AND LIABILITY
10.1. Indemnity and release
You agree to release, indemnify and hold Zoala and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
10.2. Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ZOALA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10.3. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZOALA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ZOALA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
11. GENERAL CONDITIONS
You agree that Zoala, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Zoala believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Zoala may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Zoala may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Zoala will not be liable to you or any third party for any termination of your access to the Service.
11.2. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Zoala will have no liability or responsibility with respect thereto. Zoala reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
11.3. Entire agreement
These Terms of Service constitute the entire agreement between you and Zoala and govern your use of the Service, superseding any prior agreements between you and Zoala with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.
11.4. Governing law and dispute resolution
These Terms of Service shall be governed by and construed in accordance with the laws of Singapore.
Any dispute, controversy or claim arising out of or relating to these Terms of Service, including the conclusion, interpretation, breach, termination, or invalidity thereof, which we fail to resolve within reasonable time after receiving notification from you, shall be settled by the Singapore International Arbitration Centre in accordance with its Rules. These Terms of Service shall be regulated by the substantive laws of Singapore. The number of arbitrators shall be one (1). The place of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English. Awards of the Arbitration Court shall be final and binding upon all parties.
12. YOUR PRIVACY