Below is an explanation of our policies at WorryTree. Please read them carefully.
The Service is provided by WorryTree Ltd, located at 1 SME House, Holm Lacey Industrial Estate, Hereford, United Kingdom (WorryTree or we). Please visit our website at worry-tree.com to contact us.
The Agreement controls the relationship between you and WorryTree and does not establish any third party beneficiary rights.
By using the Service, you agree to the Terms of Service.
“WorryTree” provides a way to record, manage and problem solve your worries on your mobile device. WorryTree also gives you the opportunity to review your past worries and to work through situations you feel uncertain about. We generally offer free basic services and fee-based subscription services that provide additional features.
WorryTree is not a substitute for professional mental health care, therapy or advice. If you're worried about any aspect of your mental health, or someone else's, you should always approach a professional.
The Service is intended to provide general informational content about worry, anxiety and related topics. It collects user entered data about your worries. This data is stored on your device and cannot be viewed by or used by anyone else including the creators and developers of WorryTree.
The Service can be used in the following modes: (i) use without creating a private PIN code; in such case, data will only be stored locally on your device (the Local Unsecured Service), (ii) use subject to creating a PIN code, in such case, data will still only be stored locally on your device (the Local Secured Service), (iii) use subject to subscribing to fee-based additional services (the Subscription Service). Here, user inputted data is also only stored locally on your device.
The scope and functionalities of the Service may differ based on the jurisdiction in which you are using the Service.
Use of the Service
As a WorryTree user, you are entitled to use the services and content we provide. You may not, however, copy or publish any part of the app or services. By using WorryTree, you give us permission to use your anonymous information to improve services for all users.
Subject to your consent to this Agreement and your use of the Service, WorryTree hereby grants to you a personal, non-assignable, non-exclusive, limited license (the License) to use the software provided to you as part of the Service (the Software). You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Software. You may not reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by applicable law.
The Software may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the Software and the Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the Service.
Using the Service (and/or providing input information) does not give you any legal right, title or interest in the Service or the Software. The Service and the Software are protected by copyright, trademark, intellectual property rights and other applicable laws.
You are solely responsible for and retain ownership of all profile information, data, messages, images, files or other materials that you create, post, or otherwise add to the Service (“User Content”).
We assume no liability for the deletion, corruption, or failure to store any User Content maintained or transmitted through your use of the Service other than the liability required by applicable law, particularly with regard to the Subscription Service.
You agree not to post, upload, publish, submit, store or transmit any content or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
Fees and Payment
To use the WorryTree 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 Local Services are available without the requirement of payment. In order to be able to provide the Local Service, we reserve the right to display advertising during your use of the Service (no advertising will be displayed when using the Subscription Service).
We may also provide an option to donate via the App enabling your support of our Service.
The Subscription Service is subject to a purchase of the respective options as offered in the App and/or Store (subscription terms are generally offered on a monthly or annual basis). Ordering and payment of the Subscription Service is facilitated via an in-app purchase from the respective Store. The legal relationship associated with the purchase and any consumer or other rights arising therefrom are strictly allocated to the respective Store and not WorryTree. When conducting the purchase, recourse is made to the payment options as determined in your user account with the respective Store. The payment and general terms of the respective Store apply. WorryTree is not a party to the purchase transaction and hereby disclaims any and all obligation, responsibility and/or liability that may arise as a result of the purchase transaction.
The prices for the Subscription Service quotes in the App are gross prices in GBP. Prices for the Subscription Services may differ based on the jurisdiction you are purchasing from.
Term and Termination
You may stop using the service at any time. We are also entitled to disable the service or to modify the features, in our sole discretion, subject to your rights as a paying subscriber. All of your personal information will be deleted when you delete the App.
With regard to the Local Services, you are free to terminate the legal relationship with WorryTree at any time by deleting your App. We are also free to terminate the legal relationship to you and/or provision of the Service altogether, in our sole discretion, at any time without further notice to you.
You and WorryTree are bound for the term as stipulated in the respective purchase of the Subscription Service subject to your rights in relation to the respective Store, if any, and the mutual right of termination for cause.
We shall, at our sole determination and discretion, and without further notice to you, suspend or terminate your use of the Service, if you are not complying with this Agreement or use the Service in any other way that could disrupt or falsify the Service.
When you delete your App, all of your user content is deleted with it and WorryTree have no access to this data.
Limitation of Liability
WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE.
WORRYTREE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICE FOR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE.
Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the Service can be used to achieve particular interests, or that the output of the Service is complete and accurate. Rather, the Service shall only represent a tool that helps monitor according to the information provided by you.
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 and agents. 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.
These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.
The Agreement, along with all documents expressly incorporated herein by reference, is the entire agreement between you and WorryTree with respect to the Service and they replace any prior arrangement relating to the Service.
Please note that the Agreement may be amended from time to time and we will notify you by revising the “Last Updated” date at the bottom of the Agreement and by providing you with an additional notice by email or postings on the App.
In this notice, you will be informed about your right to object to the amendment of the Agreement within an adequate amount of time. Your continued use of the Service without informing us about your objection to a change or changes to the Agreement after the set period of time for objection shall constitute your acceptance of the change(s). If you do not accept the change(s) to the Agreement without being a customer to the Subscription Service, you hereby acknowledge that your only recourse is to terminate your use of the Service in accordance with the terms herein.
This Agreement is effective and was updated on February 19, 2020.