1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Soothfy (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://www.soothfy.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site/App”). By accessing the Site/App, you confirm that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE/APP AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or additional documents that may be posted on the Site/App from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Terms of Use regularly to stay informed of updates. By continuing to use the Site/App after the date revised Terms are posted, you accept and agree to the changes.
The information provided on the Site/App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate law or regulation or subject us to any registration requirement. Users who access the Site/App from other locations do so at their own initiative and are solely responsible for compliance with local laws.
The Site/App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site/App.
2. Intellectual Property Rights
Unless otherwise indicated, the Site/App is our proprietary property and all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on the Site/App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and other applicable intellectual property rights and unfair competition laws of India, international copyright laws, and international conventions.
The Content and Marks are provided on the Site/App “AS IS” for your personal use only. Except as expressly provided in these Terms of Use, no part of the Site/App or Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site/App, you are granted a limited license to access and use the Site/App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non‑commercial use. We reserve all rights not expressly granted to you in and to the Site/App, the Content, and the Marks.
3. Payments and Refunds
Soothfy may offer paid subscription plans or in‑app purchases that grant you access to premium features or personalized mental wellness plans. By making any payment via the Site/App, you agree to pay all applicable fees according to the pricing and billing terms in effect at the time the fee becomes payable. Payments are securely processed through trusted third‑party platforms such as the Apple App Store, Google Play Store, and RevenueCat. Soothfy does not directly store or process your payment details.
Your purchase may renew automatically at the end of each subscription term unless you cancel in accordance with your app store’s cancellation procedures. Subscription management, including renewals, cancellations, or refunds, is handled through your Apple App Store or Google Play account settings. Please review the applicable store’s terms for more information about managing your subscription and requesting refunds. We will make reasonable efforts to provide the agreed services for any paid plan but are not liable for any interruption or limitation of service.
Refund Policy
Refunds for Mobile App Purchases:
- If you purchased via the Apple App Store, any refund requests must be submitted directly to Apple at reportaproblem.apple.com. Apple determines eligibility for refunds according to its policies.
- If you purchased via the Google Play Store, you can request a refund through your Google Play account or contact us at info@soothfy.com. We will help guide you through the process using the Google Play Developer Console if possible. For more details, visit support.google.com.
Non‑Refundable Items: Due to the nature of digital services, some purchases may be non‑refundable once accessed or used. We reserve the right to deny refund requests if substantial use of the service is detected.
Contacting Us: For any questions or help regarding refunds, please email us at info@soothfy.com.
4. User Representations
By using the Site/App, you represent and warrant that:
- (1) all registration information you submit is true, accurate, current, and complete;
- (2) you will maintain the accuracy of such information and update it as necessary;
- (3) you have the legal capacity and agree to comply with these Terms of Use;
- (4) you are not a minor in the jurisdiction in which you reside;
- (5) you will not access the Site/App through automated or non‑human means, whether through a bot, script, or otherwise;
- (6) you will not use the Site/App for any illegal or unauthorized purpose;
- (7) your use of the Site/App will not violate any applicable law or regulation; and
- (8) you are not suicidal or in danger of harming yourself or others.
Soothfy is not a crisis helpline and does not provide medical advice. By using Soothfy, you confirm you are not at risk of harming yourself or others. Soothfy is not affiliated with any emergency helplines that may be listed on the Site/App.
Soothfy is not responsible for the content of community chats or private messages between users, listeners, volunteers, verified listeners, licensed professionals, moderators, or administrators. Soothfy is only a platform that connects people and does not provide medical care. We do not guarantee the qualifications, availability, or effectiveness of any listener or professional, verified or not. Soothfy will not be liable for any damages resulting from interactions on its platform.
5. User Registration
You may be required to register with the Site/App. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you register with your phone number, we may contact you outside the app (e.g., via WhatsApp) for feedback about the platform.
6. Prohibited Activities
You may not access or use the Site/App for any purpose other than that for which we make the Site/App available. The Site/App may not be used in connection with any commercial activities except those specifically approved by us. As a user of the Site/App, you agree not to:
- Systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
- Trick, defraud, or mislead us or other users, especially in any attempt to gain sensitive account information such as passwords.
- Circumvent, disable, or otherwise interfere with security‑related features of the Site/App.
- Use any information obtained from the Site/App to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site/App in violation of any applicable laws or regulations.
- Use the Site/App to advertise or offer to sell goods and services not authorized by us.
- Engage in unauthorized framing of or linking to the Site/App.
- Upload or transmit viruses, Trojan horses, or other harmful material, or spam that disrupts other users’ enjoyment of the Site/App.
- Use automated systems such as scripts, bots, scrapers, or data mining tools without permission.
- Delete copyright or other proprietary notices from any Content.
- Impersonate another user or use someone else’s username.
- Sell or transfer your profile.
- Upload or transmit spyware, tracking tools, or any passive/active information collection mechanism.
- Interfere with or place an undue burden on the Site/App or related networks.
- Harass, intimidate, or threaten our staff or agents.
- Bypass measures designed to prevent or restrict access to the Site/App.
- Copy or adapt any software related to the Site/App.
- Decipher, decompile, disassemble, or reverse engineer any Site/App software.
- Use or launch any unauthorized scripts or software.
- Use a buying or purchasing agent to make purchases on the Site/App.
- Collect usernames or email addresses for sending unsolicited email or create accounts by automated means or under false pretenses.
- Use the Site/App to compete with us or for any unauthorized commercial use.
7. User Generated Contributions
The Site/App may invite you to chat, comment, contribute, or participate in blogs, message boards, online forums, or similar features, and may allow you to create or post content such as text, images, audio, video, suggestions, or other materials (“Contributions”). Contributions may be viewable by other users and through third‑party sites. By posting Contributions, you agree they may be treated as non‑confidential and non‑proprietary.
By submitting Contributions, you confirm that:
- You own or control all rights to your Contributions.
- Your Contributions do not infringe any third party’s rights.
- You have consent from anyone identifiable in your Contributions.
- Your Contributions are truthful and not misleading.
- Your Contributions do not contain spam or unauthorized advertising.
- Your Contributions are not obscene, violent, harassing, or otherwise objectionable.
- Your Contributions do not violate any law or third‑party privacy rights.
- Your Contributions do not exploit minors or solicit personal info from those under 18.
- Your Contributions do not contain offensive content related to race, gender, orientation, or disability.
- Your Contributions comply with these Terms.
Violation may result in suspension or termination of your rights to use the Site/App.
8. Contribution License
By posting Contributions, you grant us a worldwide, perpetual, unrestricted, royalty‑free, fully‑paid, transferable, and sublicensable license to use, copy, publish, display, broadcast, adapt, translate, and create derivative works from your Contributions for any purpose, commercial or otherwise. This license includes use of your name and likeness, if applicable. You waive any moral rights in your Contributions.
You retain ownership of your Contributions and related rights but are solely responsible for them. We are not responsible for Contributions posted by you or others. We may edit, categorize, remove, or monitor Contributions at our sole discretion but have no obligation to do so.
9. Guidelines for Reviews
Areas of the Site/App may allow you to leave reviews or ratings. By posting a review, you confirm that:
- You have firsthand experience with the person/entity being reviewed.
- Your review does not contain profanity, hate speech, or discrimination.
- Your review does not reference illegal activity.
- You are not affiliated with competitors if posting negative reviews.
- You do not post false or misleading statements.
- You do not organize campaigns to post reviews.
Reviews may be removed at our sole discretion. We are not responsible for or bound by user reviews. By posting a review, you grant us the right to use, reproduce, modify, translate, and distribute your review as needed.
10. Submissions
Any feedback, ideas, suggestions, or other information you submit to us (collectively, “Submissions”) are non‑confidential and become our sole property. We own all intellectual property rights to Submissions and may use and share them for any lawful purpose without acknowledgment or compensation to you.
11. Third‑Party Websites and Content
The Site/App may link to third‑party websites or include third‑party content (“Third‑Party Content”). We do not monitor or endorse Third‑Party Websites or Content and are not responsible for them. If you access or use Third‑Party Websites or Content, you do so at your own risk. Purchases made through Third‑Party Websites are solely between you and the third party. We do not endorse any third‑party products or services and accept no liability related to them.
12. Site/App Management
We reserve the right to: (a) monitor the Site/App for Terms violations; (b) take legal action against violators; (c) refuse or limit access, disable Contributions, or remove excessive or harmful content; and (d) otherwise manage the Site/App to protect our rights and ensure proper functioning.
13. Privacy Policy
We care about your privacy. Please review our Privacy Policy. By using the Site/App, you consent to having your data transferred to and processed in India.
14. Copyright Infringements
If you believe your copyright has been infringed by material on the Site/App, notify us at info@soothfy.com. Misrepresentations may expose you to liability under applicable law.
15. Term and Termination
These Terms remain in effect while you use the Site/App. We may suspend or terminate your account or access to the Site/App at our sole discretion without notice or liability for any reason, including violation of these Terms or applicable law. If terminated, you may not register again under your name or another’s. We may pursue legal action as needed.
16. Modifications and Interruptions
We reserve the right to modify, suspend, or discontinue any part of the Site/App at any time without notice or liability. We are not responsible for any loss or inconvenience due to downtime or changes. We are not obligated to update or maintain the Site/App.
17. Governing Law
These Terms are governed by the laws of India. The courts of India shall have exclusive jurisdiction for any disputes.
18. Dispute Resolution
Informal Negotiations
You agree to try to resolve any dispute informally for at least 30 days before starting arbitration.
Binding Arbitration
Any dispute will be finally resolved by arbitration under the International Commercial Arbitration Court rules, seated in Indore, India. The language shall be English. The governing law is Indian law.
Restrictions
No class action or representative arbitration is allowed.
Exceptions
Disputes about intellectual property, piracy, unauthorized use, or injunctive relief are excluded from arbitration and will be handled by Indian courts.
19. Corrections
There may be information on the Site/App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site/App at any time, without prior notice.
20. Disclaimer
The Site/App is provided on an “as is” and “as available” basis. You agree that your use of the Site/App and our services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.
We make no warranties about the accuracy or completeness of the Site’s/App’s content or any third‑party sites linked to it. We assume no liability for: (a) errors or inaccuracies in content or materials; (b) personal injury or property damage resulting from your use of the Site/App; (c) unauthorized access to or use of our servers and/or stored personal or financial information; (d) any interruption or cessation of transmission to or from the Site/App; (e) bugs, viruses, Trojan horses, or the like transmitted by any third party; and (f) any errors or omissions in any content or for any loss or damage incurred from the use of any content posted, transmitted, or made available via the Site/App.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site/App or any linked website. We will not be a party to or monitor any transaction between you and any third‑party providers. Use your best judgment and exercise caution.
21. Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site/App, even if we have been advised of the possibility of such damages.
22. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable legal fees, due to or arising from: (a) your Contributions; (b) use of the Site/App; (c) breach of these Terms of Use; (d) any breach of your representations and warranties; (e) your violation of the rights of a third party, including intellectual property rights; or (f) any harmful act by you toward any other user connected via the Site/App.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter you are required to indemnify us for. You agree to cooperate at your expense. We will make reasonable efforts to notify you of any claim or proceeding subject to this indemnification when we become aware of it.
23. User Data
We may maintain certain data you transmit for managing Site/App performance and usage. Although we perform routine backups, you are solely responsible for any data you transmit or related to any activity done via the Site/App. We are not liable for any loss or corruption of such data and you waive any claims against us arising from any such loss or corruption.
24. Electronic Communications, Transactions, and Signatures
By visiting the Site/App, sending us emails, or completing forms, you agree to receive electronic communications and that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirements that such communications be in writing.
You agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and transaction records initiated or completed by us or via the Site/App. You waive any rights under laws requiring non‑electronic signatures or records, or payments/grants by non‑electronic means.
25. Miscellaneous
These Terms and any policies or operating rules posted by us on the Site/App constitute the entire agreement between you and us. Our failure to enforce any right or provision does not waive that right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all rights and obligations to others at any time. We are not responsible for any loss or failure to act caused by factors beyond our reasonable control.
If any part of these Terms is found unlawful or unenforceable, that part is severable and does not affect the validity of the remaining Terms. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site/App. These Terms will not be construed against us by virtue of us having drafted them. You waive any defenses based on the electronic form or lack of signatures for these Terms.
26. Contact Us
To resolve a complaint about the Site/App or for questions about use, contact us:
- Email: support@soothfy.com
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