TERMS OF SERVICE
Effective as of: February 24, 2025
1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms of Service (as updated from time to time, the "Terms") constitute a legally binding agreement between you (the "User") and GOTOTOP LTD ("we," "us," "our"), governing your access to and use of our mobile applications (collectively, the "Apps"), our website (www.gototop.app), and any associated content, including text, videos, sound recordings, visuals, graphics, and other materials uploaded, downloaded, or appearing within the Apps (together, the "Services"). By using our Services, you agree to be bound by these Terms, as well as our Privacy Policy, which forms an integral part of this agreement.
The Services are provided by GOTOTOP LTD, a company registered at 14 Panagioti Tsangari, 1st Floor, Office 1E, 4047, Limassol, Cyprus. If you have any questions, you can contact us at gototop@support-team.app.
We understand that reading the Terms of Service might not be the most exciting task, but it’s important to establish clear expectations regarding what we offer through Gototop services and what we expect from you in return.
PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR USING OUR APPS. BY ACCESSING OR USING OUR SERVICES, YOU CONFIRM THAT YOU:
(a) Have read, understood, and agree to comply with these Terms and any additional terms referenced herein.
(b) Have reviewed and consent to our Privacy Policy.
(c) Agree not to misuse our Services or content in any manner that violates these Terms.
These Terms apply to all mobile applications developed, published, and distributed by us, regardless of the platform, distribution method, or specific app title. Our Services include auto-renewing subscriptions. If you are unsure how to cancel a subscription or trial, please visit the Apple Support website, Google Play Help, or the support pages of any other applicable app store. You may also refer to our support team for further guidance. Please note that deleting the app does not cancel your subscriptions or trials.
Please read these Terms carefully—particularly Section: "PAID SERVICES, REFUND, AND CANCELATION"—before starting a free trial or completing a purchase.
By clicking any button like "SUBMIT," "CONTINUE, or similar options, you are providing a legally binding electronic signature and entering into a binding contract. You acknowledge that your electronic submissions reflect your agreement to and intent to be bound by these Terms. You expressly consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records related to the Service.
If you purchase any products, subscriptions, or premium features within our Services, you acknowledge and agree that such purchases may be subject to additional Specialized Terms that supplement or override these Terms where applicable. In the event of any conflict between these Terms and the Specialized Terms governing a specific purchase, the Specialized Terms shall prevail to the extent of such conflict. If not specified, the general terms provided here are the controlling terms.
Our Services are not a substitute for professional medical advice, diagnosis, or treatment. We are not a licensed healthcare provider, and the Apps are designed solely for informational and entertainment purposes. The Apps may help assess emotional states and general well-being but should not be used as a diagnostic tool or treatment plan.
Before making any health-related decisions, always consult a licensed physician or qualified healthcare provider. We disclaim any liability for errors, omissions, technical inaccuracies, or violations of ethical or moral standards within the content provided. If you experience a medical emergency, contact your local emergency services immediately or visit the nearest healthcare facility.
You should always consult a medical professional before beginning any nutrition, diet, exercise, fitness, medical, or wellness program.
In addition to all other limitations and disclaimers in these terms, we disclaim any liability or loss related to the content provided on the service.
Some recommendations, advice, and dialogues within the Apps and website are generated by artificial Intelligence (AI) and machine learning algorithms. While we strive for accuracy, we do not guarantee the correctness, reliability, or suitability of AI-generated content for specific purposes.
AI-generated responses are based on general patterns and publicly available datasets, not personalized expert guidance. As such, they should not be considered professional advice. Users acknowledge that AI-generated content may include biases, inaccuracies, or incomplete information and should be used solely for entertainment and general guidance.
We disclaim all warranties—express or implied—regarding AI-generated content, including accuracy, reliability, fitness for a particular purpose, and non-infringement. Users are responsible for independently verifying any AI-generated recommendations before making decisions based on them.
2. THE SERVICE
2.1. Accepting of terms. The Service includes the website (www.gototop.app) and our mobile applications available on the Apple App Store and Google Play Store (collectively referred to as the "App" or "Service"). By accessing or using the Service, you agree to comply with these Terms. Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Us. You agree that you will not redistribute or transfer the Service or the Content. The applications and the Content are licensed, not sold or transferred to you, and we and our distributors retain ownership of all copies of the software applications and Content even after installation on your devices.
2.2. The Service and the Content are the property of us. All Our trademarks, service marks, trade names, logos, domain names, and any other features of the brand are the sole property of us. These Terms do not grant you any rights to use any Brand Features whether for commercial or non-commercial use. You agree to abide by the Terms and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
2.3. Entertainment purpose. Our Apps are not medical devices and have not been reviewed, certified, or approved by any regulatory health authority. They are intended solely for informational and entertainment purposes and are designed to help users gain general insights into emotional states. The Apps do not diagnose, treat, cure, or prevent any disease or medical condition.
2.4. The information and tools provided within the Apps are general in nature and should not be used as a substitute for professional medical advice. Always consult a licensed healthcare provider for any medical concerns, diagnosis, or treatment. Only a qualified professional can assess your specific health needs.
2.5. We do not guarantee that:
(i) The Service will meet your specific requirements;
(ii) The Service will be uninterrupted, timely, secure, or free from errors;
(iii) The results obtained from using the Service will be accurate or reliable;
(iv) The quality of any products, services, information, or other materials purchased or obtained through the Service will meet your expectations or provide any benefits.
2.6. We also do not guarantee any specific level of success in your using apps journey. You acknowledge and accept the risk that results may vary.
2. ALTERATIONS AND UPDATES
2.1. We may update these Terms from time to time to reflect any changes: (i) in our policies or relevant laws; (ii) in the functionality of the Service; or (iii) imposed on us by any third party suppliers. If you do not agree with the updated Terms, you should stop using the Service. If you do not object to the updated Terms within a reasonable time after they are updated Terms are deemed accepted by you.
2.2. We reserve the right to withdraw, take down, or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments. Any changes will take into account your reasonable interests. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance, or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
3. ACCESS/USE OF THE SERVICE
To register for the Service, you may need to provide us with information, including but not limited to:
Any information you submit is governed by our Privacy Policy. Please refer to the Privacy Policy for details on how we collect, use, and disclose your information.
We provide certain services, both online and through our proprietary App, for entertainment and informational purposes. In some cases, creating an account may be required or optional to access specific features.
We reserve the right to suspend or terminate your account at our sole discretion without prior notice, including but not limited to situations involving:
You are responsible for maintaining your account and ensuring that the details you provide are correct, up-to-date, and secure. If any of your details change, you must inform us immediately. You are responsible for all activity under your account, whether or not it was authorized by you.
By using the App, you agree not to:
We reserve the right to suspend or remove your account and disable your access to the Service at our sole discretion if we suspect a security breach or violation of these Terms. This may include terminating your access without prior notice.
3.7. Device and Compatibility Requirements
Access to and use of the Service requires a compatible device and internet connection. While we strive to ensure compatibility across devices, we cannot guarantee that the Service will work on all devices. The current minimum requirements for the App are reflected accordingly in the description in the Stores. Please always check carefully compatibility with your device. It is your responsibility to ensure your device complies with these requirements. Functionality and quality may vary depending on your device and operating system. We are not responsible for any lack of functionality due to your device or settings.
You are responsible for any costs or expenses you incur while using the Service, including but not limited to telephone and internet service charges.
You shall not:
Any such prohibited actions will immediately terminate your right to use the App.
4. USER-GENERATED CONTENT AND CHATS
4.1. You are solely responsible for your use of the Service and any videos, words, information, messages, audio content, and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available (together, "User Content").
4.2. You understand and agree to comply with all applicable laws in relation to your use of the Service and User Content.
4.3. User Content, including but not limited to information about the user's Services preferences that the User uploads to the Service or creates on his own account of the Services are encrypted and inaccessible to third parties.
4.4. You shall at all times ensure that your User Content does not: contain any content, information or material that infringes the rights of any third party including copyright, trade mark rights, confidential information or rights of privacy; violate any applicable laws; contain any content or material that is offensive, abusive, defamatory, libelous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass, alarm, inconvenience or annoy any person; in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behavior, or encourage activities which could endanger the safety or wellbeing of others; identify any person without their consent; disclose anyone's personal contact details or invade their privacy; contain any viruses or other malicious or harmful programs; or include any advertising or promotional messages.
4.5. Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of the Service: Use the Service or User Content available on the Service other than as expressly permitted by these Terms and the normal functionality of the Service; transmit other people's personal and/or confidential information, such as credit card numbers, account passwords etc.; use the Service for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms; impersonate or pretend to be anyone else through your use of the Service; use the Service in a way that could damage, disable, overburden, impair or compromise the Service, our systems or security or interfere with other users; use any programme or other means, including but not limited to scripts, spiders and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of the Service or any features or functions of it; copy, modify, decompile or otherwise interfere with any part of the Service; make alterations to, or modifications of, the whole or part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs; hack into, or insert malicious code, including viruses, or harmful data, into, the Service; or infringe our intellectual property in relation to your use of the Service.
4.6. You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in its distribution or presentation.
4.7. We are under no obligation to monitor User Content posted on the Service, and we cannot and do not take any responsibility for such User Content, nor do we endorse, support, or guarantee the completeness, accuracy, or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
4.8. The app and company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
4.9. If we, in our sole discretion, believe that there has been a breach of these Terms, or we have reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Service and its users. We may withdraw your right to use the Service, remove your User Content from the service, or take legal proceedings against you (for example, if we have had to pay damages because of your User Content, we will claim to get that amount back) and other action we deem appropriate.
4.10. You are responsible for your own communications, their consequences, and your reliance on public content. The Company and its distributors are not liable for any outcomes from public communications. In case of threat or danger, contact local law enforcement immediately. For medical emergencies, call your doctor or emergency services. By using the App, you agree not to use it for any prohibited purpose and to comply with all relevant laws and regulations.
4.11. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO DIRECTIVE ON ELECTRONIC COMMERCE 2000/31/EC, THE COMMUNICATIONS DECENCY ACT OF 1996), THE COMPANY DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
5. LICENSE OF THE SERVICE
5.1. Subject to your compliance with these Terms, the Company grants you a personal, worldwide, revocable, royalty-free, non-transferable, and non-exclusive license to download and/ or use the Service for personal and non-commercial purposes in accordance with the terms of this Agreement. Your license is for personal use strictly only. Any business-related activity or mass download from the public library required a different license with additional terms and conditions. Any attempt to use the service for mainstream advertisement or for payable services without the additional license will be persecuted.
5.2. You may not copy, store, modify, distribute, transmit, or use any content from the App, including text, graphics, logos, and images, without prior written permission from the Company, which may be withheld at its discretion. You also agree not to use content from the App for commercial purposes, in publications, on other websites, or in any manner that could confuse, disparage, or harm the Company or its distributors or infringe on their intellectual property rights. Additionally, you agree not to misuse any content published by the Company or third parties on the App.
5.3. All rights, title, and interest in the App not expressly granted in this Terms are reserved by the Company. To use the Company’s software, trademarks, logos, domain names, or any other branded content, you must obtain written permission from the Company. Permission requests can be sent to legal@gototop.app.
6. OUR RIGHTS
6.1. All rights, titles, and interests in and to the Service (excluding content uploaded or otherwise provided by users) are and will remain the exclusive property of our app and its distributors.
6.2. You are not permitted to use our trade name and logo without our prior approval. All trade names and trademarks not owned by us that may appear in our App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Such trademarks are used for identification purposes only.
6.2. You must not use, copy, modify, distribute, transfer, publicly display, publicly perform, broadcast or in any other way exploit our App or any User Content or Stronger Content published on it unless it is your own content. Any collection, aggregation, copying, scraping, duplication, display, or any derivative use of our App as well as the use of data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission is expressly prohibited. Nothing in these Terms gives you a right or license to do so unless expressly stated in these Terms.
7. COPYRIGHT, REPORTING AND NOTICE & TAKEDOWN POLICY
7.1. We respect the intellectual property rights of others and expect users of the Service to do the same.
7.2. All our content in the App is created and reviewed by qualified experts, writers, and other contributors. We pay great attention to providing the most credible and recent information in our App to ensure the safety and quality of our content. We have strict sourcing guidelines and rely on peer-reviewed studies, academic research institutions, government agencies, and medical associations. Each piece of content is thoroughly researched using reliable, primary, and current sources of information. The references for the information used are provided below:
https://www.medicalnewstoday.com/
https://www.healthline.com/
https://www.psychologytoday.com/intl
https://www.bbc.com/news/topics/cwlw3xz04egt/mental-health
https://www.amazon.com/Atomic-Habits-Proven-Build-Break/dp/0735211299
Please, be informed that we do not provide medical advice, diagnosis, or treatment, our content and features are informative. Always consult your doctor or another qualified healthcare provider with any questions you may have regarding a medical condition, procedure, or treatment. We make no guarantees about the efficacy or safety of products or treatments described in its content.
7.3. If you discover any content in the Service that you believe infringes your copyright, please report this to us in writing including the following information: a statement that you have identified content in the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the Content that you claim is infringing and details of where on the Platform the Content that you claim is infringing may be found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: a declaration, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy).
7.4. Your notice should be sent to us or our designated copyright agent by email to legal@gototop.app or by mail to the following address: GOTOTOP LTD, at 14 Panagioti Tsangari, 1st Floor, Office 1E, 4047, Limassol, Cyprus, Attn: Copyright.
7.5. If you receive or encounter content that you find offensive via the Service, or you believe a user is in violation of these Terms and/or the Privacy Policy, we recommend flagging the content as Inappropriate. If after a certain time, this does not result in a satisfactory outcome, please report it to us via email at legal@gototop.app.
8. PAID SERVICES, REFUND, AND CANCELATION
8.1 Service Options and Payments. We offer multiple service options, including free and paid features ("Paid Subscriptions"). Paid Subscriptions require payment before access is granted, while free features are available at no cost. By subscribing to any paid services, making in-app purchases, or accessing promotional offers, you agree to the applicable payment terms, including the price, billing cycle, and payment method disclosed at the time of purchase. Prices may vary based on country, currency, or applicable taxes. We do not control or assume liability for third-party products or services offered through the App. Any disputes regarding third-party services must be resolved directly with the respective provider.
8.2 Trials. We may offer free or discounted trials of Paid Subscriptions ("Trial"). The duration and conditions of each Trial will be disclosed at the time of the offer. At the end of the Trial, your subscription will automatically convert to a paid plan unless you cancel before the Trial period expires. If you do not wish to be charged, you must cancel through your Account Settings before the trial period ends. If you begin a paid subscription during a free trial, you forfeit any remaining trial period.
8.3.Third-Party Applications, Devices, and Open-Source Software. Our Service may integrate with third-party applications, websites, and services ("Third-Party Applications"), as well as devices such as computers, smartphones, tablets, wearables, and smart speakers ("Devices"). Your use of Third-Party Applications and Devices may be subject to additional terms and privacy policies provided by the respective third parties. We do not guarantee compatibility with any Third-Party Applications or Devices and are not responsible for their functionality, security, or updates.
8.4 Service Limitations and Modifications. We strive to maintain and enhance the functionality of our Services; however, we reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice or liability. This includes but is not limited to:
We are not liable for service interruptions, outages, or failures caused by third parties, government actions, or events beyond our control. All fees are non-refundable, and we are not obligated to issue refunds due to service disruptions.
8.5. Auto-Renewable Subscriptions. If you choose to subscribe, you can select from available auto-renewable subscription packages. Unless you cancel your subscription you authorize us, the App Stores, Google Play, and the payment providers we cooperate with to charge you for the renewal term.
8.6.Premium subscriptions grant access to exclusive features and content. Certain content and features may vary by region, device, app version, or applicable laws. By purchasing a subscription, you acknowledge that:
8.7 Promotional Offers. Occasionally, you may be offered a subscription at a promotional price.
8.8 You authorize us, the App Stores, Google Play, and the payment providers we cooperate with to charge the applicable fees to the payment card that you submit. Pricing and Charges:
8.9 Right of Withdrawal (EEA and Switzerland Residents). If you are a resident of the EEA or Switzerland, you have the right to withdraw from the Terms for digital services within 14 days from the date of agreement without charge or reason.
8.10 Acknowledgment of Immediate Service Performance. By purchasing a service or content, you expressly consent to the immediate performance of the agreement. You acknowledge that your right to withdraw from the agreement is forfeited once our servers validate and deliver the content or service.
8.11 Refund Eligibility. You will not be eligible for a refund unless the digital content or services are defective. Purchases made via an App Store or Google Play are subject to such App Store's or Google Play’s refund policies. This means when a Purchase is made through an App Store or Google Play, we cannot grant refunds. You will have to contact App Store support or Google Play support. Purchases made via the Website or, if purchased within the App through separate payment service providers are subject to additional terms. When you make a Purchase, you acknowledge and agree that all Purchases are non-refundable and/or non-exchangeable.
Note for the EU residents: If you are an EEA or Switzerland resident, you have the right to withdraw from the agreement for the purchase of digital services without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion (withdrawal period). The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. However, if you terminate the agreement during the withdrawal period, you have the right to receive a refund proportionate to the provided service. When you make a purchase of a single item of digital content (such as PDF file, video and so on), you expressly agree that such content is made available to you immediately. As a result, you forfeit your right to withdraw and will not be eligible for a refund.
HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU.
Therefore, you will not be eligible for a refund, unless the digital content or services are defective.
8.12 Subscription Cancellation. You may cancel the auto-renewal of your subscription at least 24 hours before the end of the subscription period. After cancellation:
If you are unsure how to cancel a subscription or trial, please visit the Apple Support website, Google Play Help, or the support pages of any other applicable app store. You may also refer to our support team for further guidance.
9. PRIVACY
The information and content you provide to the app, including personal data, are governed by our Privacy Policy. This policy outlines how we collect, use, and protect your information. By using the Service, you agree to the collection and use of your data in accordance with the Privacy Policy.
As part of our provision of the Service, we may need to send you certain communications, including service announcements, updates, and administrative messages. These communications are integral to the Service, and you may not be able to opt out of receiving them.
10. THIRD PARTY SERVICES
10.1. The Service may include links to or features provided by third-party services (such as social platforms like Facebook, Twitter, etc.). We do not control these third-party sites or services and are not responsible for their content or functionality. Including links to these sites does not imply any endorsement or association with their operators. The terms of use for these third-party services will apply, and we are not liable for any actions taken by you or the third-party service provider in connection with your use of their services.
10.2. The Service may also contain links to third-party websites, resources, or advertisements (collectively referred to as "Third-Party"). These Third-Party services are not under our control, and we are not responsible for them. We provide links to these services solely for your convenience and do not review, endorse, monitor, or make any representations about them. Advertisements or information from Third-Party sites may not be entirely accurate. You acknowledge that you are solely responsible for any risks associated with using these third-party websites or resources. When accessing third-party sites, their terms and policies—such as those related to privacy and data collection—will govern. We recommend you conduct your own research before engaging in any transactions with third parties. Any transactions or dealings you have with third-party merchants or advertisers, including payments and delivery of goods or services, are solely between you and the third party.
10.3. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, Google Play, any other Service users, or any Third Party.
11. TERMINATION AND MODIFICATIONS
11.1. Acceptance of Terms. By using the App, you agree to comply with and be bound by the terms of this Agreement. If you do not agree to these terms, you should immediately discontinue use of the App. The Company reserves the right to update or modify these terms at any time, with such changes becoming effective upon posting.
11.2. Suspension or Termination by the Company. We may suspend or terminate your access to the Service at any time, for any reason, at our sole discretion. Such suspension or termination does not limit our right to pursue any other actions we deem appropriate in relation to your breach of these Terms.
11.3. Termination by You. You may terminate your use of the Service at any time by stopping use of the Service and/or uninstalling the App from your Device. However, please note that deleting the App from your device does not remove your profile or any content you have uploaded, which will remain in the app’s content library. If you wish to delete your profile and all associated data, please contact us in writing at gototop@support-team.app.
11.4. Effect of Termination. Upon termination of this Agreement, these Terms will cease, except for the following provisions, which will continue in effect: Sections 3, 4, 6, 7, 9, 10, 11, 12, 13, and 14.
11.5. Termination by the Company Due to Service Discontinuation. If we discontinue the provision of the Service, we may terminate these Terms and close your account at any time without prior notice.
11.6. Monitoring and Reporting. While we are not required to monitor the App, we reserve the right to do so for operational, compliance, and legal purposes. We may report unlawful conduct to law enforcement authorities and cooperate with authorities in prosecuting legal violations.
11.7. Removal of Content. We may remove or disable access to any content or portions of the App at our discretion, without prior notice, if we determine that your content or use violates these Terms. Additionally, we may refuse service, close accounts, or modify eligibility requirements at any time. The Company is not liable for any actions or omissions related to these activities.
11.8. Survival of Provisions. Upon termination of these Terms, all provisions that, by their nature, should survive termination will remain in effect, including, but not limited to, provisions regarding dispute resolution, arbitration, ownership, warranty disclaimers, and limitations of liability.
12. REPRESENTATIONS AND WARRANTIES
12.1. User Representations and Warranties
You represent and warrant to us that:
12.2. Indemnification
Subject to the provisions of Section 13 of these Terms, you agree to indemnify and compensate us for any reasonable and justifiable losses, damages, or costs we incur as a result of your breach of these Terms, provided that such breach is attributable to your actions. You will not be required to compensate us under this Section if the breach is caused by our own negligence or our violation of these Terms.
13. DISCLAIMERS AND LIMITATIONS
14.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, CONTENT, AND ANY GOOD OR CONTENT DOWNLOADED OR USED THROUGH OR IN CONNECTION WITH THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR PARTNERS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AND ANY PARTY UNDER OUR COMMON OWNERSHIP OR COMMON CORPORATE CONTROL (COLLECTIVELY, "OUR AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT AND MATERIAL WILL BE HOSTED OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, DOWNLOADED OR OBTAINED BY YOU THROUGH THE SERVICE, WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED ON OR THROUGH THE SERVICE IS ACCESSED AT YOUR DISCRETION AND RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14.2. We expressly exclude our liability for any loss or damage arising from the use of the service by any person in contravention of these terms. You understand that Stories, Chats, Posts, and any other content available on the service is provided by users, not us, and we are not responsible or liable to you for this content on the service.
14.3. We expressly exclude any liability for (a) any loss or damage that was not reasonably foreseeable by us and which is incurred by you in connection with the service, including loss of profits; and (b) any loss or damage incurred by you as a result of your breach of these terms.
14.4. To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the service.
14.5. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud, or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
14.6. The app only provides information, and not medical or treatment advice, and may not be treated as such by the user. As such, this app may not be relied upon for the purposes of medical diagnosis or as a recommendation for medical care or treatment. The information on this app is not a substitute for professional medical advice, diagnosis, or treatment. All content, including text, graphics, images, and information, contained on or available through this app is for general information purposes only. The information provided by this app is provided “as is” without any representations or warranties, express or implied. The app makes no representations or warranties in relation to any medical or treatment information provided in this app.
14.7. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
14.8. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
14.9. AI-Driven Features. Some of our Apps include AI-driven tools designed to assist you with information related to your emotional and mental state. Please note that responses generated by these AI tools are automated and based on generalized data; they are not a substitute for personalized advice from a licensed healthcare professional. The AI-generated content may not always be accurate or tailored to your unique circumstances. Users are strongly encouraged to seek advice from qualified professionals for any health, wellness, or psychological concerns.
14.10. While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or reliability of any content, advice, or features offered through the Service. We disclaim all responsibility for any errors, omissions, or inaccuracies in the content and materials provided by the App. The use of the App and its content is at your own risk. We make no representations or warranties, express or implied, regarding the suitability of the information for any particular purpose. You acknowledge that the Service’s content may not be accurate or suitable for your specific needs. We do not bear responsibility for any consequences, losses, or damages resulting from your reliance on the information or features provided.
We recommend that you independently verify any information provided by the App and consult with appropriate professionals if necessary, especially if the content involves medical, legal, financial, or other specialized advice.
By using the Services, you agree that we are not liable for any inaccuracies or discrepancies in the information provided and that your use of the content is at your own discretion and risk.
15. OTHER TERMS
15.1 Legal Rights. Under applicable law, you may have certain rights that cannot be limited by a contract. These Terms are not intended to restrict those rights in any way.
15.2 Changes to These Terms. We may update these Terms (including any additional terms and conditions incorporated by reference) from time to time. Any changes will be communicated through reasonable means, such as posting the revised Terms on the applicable Service. For material changes, we will provide additional notice via email, in-service pop-up messages, or other prominent notifications within the Service. By continuing to use Our Service after changes to these Terms, you agree to accept the updated Terms. If you are a Premium Subscriber and do not wish to continue using Our Service under the revised Terms, you must close your account before your renewal date or within thirty (30) days of the Effective Date, whichever comes first.
15.3 Entire Agreement. Unless explicitly agreed upon in writing between you and Us, these Terms represent the entire agreement regarding your use of Our Service and supersede any prior agreements, whether written or oral. Additional terms and conditions governing your use of Our Service are incorporated by reference.
15.4 Severability and Waiver. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect and be enforced to the fullest extent permitted by law. Failure by Us or any third-party beneficiary to enforce any provision of these Terms shall not constitute a waiver of the right to enforce it at a later time.
15.5 Assignment. We may assign or delegate Our rights and obligations under these Terms, in whole or in part, at Our discretion. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.
15.5 Assignment and Transfer. We may assign, subcontract, or otherwise transfer any or all of Our rights and obligations under these Terms to any company, firm, or person. You may not transfer your rights or obligations under these Terms to anyone else.
15.6 Severability. Each provision of these Terms operates separately. If any provision is found to be unlawful or unenforceable, it shall be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15.7 Entire Agreement. These Terms and Our Privacy Policy constitute the entire agreement between you and Us and supersede all prior and contemporaneous agreements or communications.
15.8 Third-Party Rights. No person who is not a party to these Terms may enforce any provision of it.
15.6. All information communicated through the Service is considered electronic communication. By interacting with us via the Service or other electronic media (e.g., email), you are communicating with us electronically. You agree that we may communicate with you electronically and that any such communications, including notices, disclosures, agreements, and other information we provide electronically, are considered equivalent to written communications. These electronic communications will have the same legal effect as if they were in writing and signed by the party sending them.
16. GOVERNING LAW. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES
16.1. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Cyprus. The parties submit to the exclusive jurisdiction of the Cyprus courts to settle any claims or disputes arising in relation to these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of:
16.1.1. the state and federal courts in the City of Alexandria, Virginia – if you are a resident of the United States; or
16.1.2. the courts of the Republic of Cyprus – if you are not a resident of the United States;
and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.
16.2. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
16.3. All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
17. CONTACT DETAILS OF THE GOTOTOP LTD:
If you have questions or comments about the Terms, you may contact us:
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.