Owned and operated by DiveThru.Inc, this App (DiveThru) offers an online App, enabling individuals to create a profile as Members which provides them access to virtual content.

This Service and the App is available only to individuals above 18 years of age or registered companies. By using any of the Services and the App, You expressly agree to be bound by these terms and all applicable laws and regulations governing the App and the Services. The terms form a legally binding agreement between you and DiveThru in relation to your use of the App and/” or the Services and applies to all Members, whether registered or not, on the App.

As used in this Agreement, “we,” “us,” and “our” “DiveThru” shall mean DiveThru and its subsidiaries and affiliates. By accessing or using the services available through our App (the “Services”), you agree to be bound by these Terms of Service and our Privacy Policy and incorporated herein by reference. These Terms do not alter in any way the terms or conditions of any other agreement you may have with DiveThru for services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our App and/or through the Services, and you agree to be bound by such modifications or revisions. Although DiveThru may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our App thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements.

Definitions

Member means a person who completes DiveThru’s account registration process and buys services of Counselor on DiveThru.

Content means text, graphics, images, music, software, audio, video, information or other materials.

DiveThru Content means all Content that DiveThru makes available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

Collective Content means Member’s Content and DiveThru Content.

DiveThru Experience means rating system’ displayed to the public on the Member’s public page.

Fees mean the fees payable by the Member to DiveThru for receiving the service from Counselor.

Member’s Confidential information means the comments added by the Members by the end of the Journal

Scope of Service

This App features guided breathing accompanied by journaling. The App enables probing of subconscious process that have direct bearing on your relationships with family, friends and all those you come across in daily life. The Member may provide input at the end of journal about their experience. The comments added by Member is considered a Member’s confidential information (“Confidential Information”) and we expressly declare that we do not have access to this information. Member’s acknowledge and understand that we are not responsible or liable for any input of the Member. In the above context this App may make significant contribution towards deeper probe of the subconscious processes as the App enables you to journal about your feeling, emotions, past/present experiences. We assume no responsibility for any personal insight brought on by the content found within the DiveThru Content. We make no representation or warranty whatsoever as to whether you will find the DiveThru Content relevant, useful, correct, relevant, satisfactory or suitable to your needs.

Parameters of Service

To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to us if you discover or otherwise suspect any security breaches related to the Services.

Members will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services being suspended or terminated. You acknowledge and agree that DiveThru cannot and does not pre-screen or examine any Collective Content submitted by either DiveThru or Members, but that DiveThru has the right, in its sole discretion, to refuse, delete or move any Content that is or maybe made available through the Service, for violating these Terms and such violation being brought to DiveThru’s knowledge or for any other reason or no reason at all. However, we relinquish our such rights pertaining to Member’s Confidential Information. Furthermore, the App and Content available through the App may contain links to other third party App (“Third Party Apps“), which are completely unrelated to DiveThru.

The Member shall not upload, transmit, or distribute or exchange any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.

DiveThru does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and DiveThru expressly disclaims any and all liability in connection with Member and the DiveThru Content.

DiveThru does not assume any responsibility or liability for any content that is generated, posted or communicated by any Members on or through DiveThru. You agree to indemnify DiveThru and each of their respective employees, contractors, officers, directors, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through DiveThru.

Fees and Refunds for sessions

Considering the nature, the service, no refunds shall be granted.

Members hereby authorize DiveThru to run credit card authorizations on all credit cards provided by them, to store credit card and banking or other financial details as their method of payment for Services, and to charge their credit card (or any other Payment Method) and PayPal and Stripe accounts, if applicable.

Electronic Communications

When you send an e-mail or chat electronically with DiveThru, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that DiveThru provides to you electronically satisfy the legal requirement that such communications be in writing.

Use Of The Services

Except as otherwise agreed upon, we hereby grant you a limited, non-exclusive, non-sub-licensable license to access, and use the App and Content solely for the personal purpose, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App and Content, except as expressly permitted by DiveThru or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to or assigned to you herein.

You acknowledge, agree and confirm and that although the DiveThru Content may provide a framework through the App, we cannot assess whether the use of the DiveThru Content or the App is right and suitable for your needs. THE APP DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US. It is up to you to consider and decide whether these services are appropriate for you or not.

You agree, confirm and acknowledge that you are aware of the fact that the Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information gained from the DiveThru Content. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice you received through the App. You are advised to exercise a high level of care and caution in the use of the App and the DiveThru Content.

If you are thinking about suicide or if you are considering to take actions that may cause harm to you or to others or if you feel that or any other person may be in any danger or if you have any medical emergency, you must immediately call the emergency service number (911 in the Canada) and notify the relevant authorities. You acknowledge, confirm and agree that the app is not designed for use in any of the aforementioned cases and that you must not use the app in any of the aforementioned cases.

Ownership and Intellectual Property of the App Content

This App and all content forming part of the App, including without limitation, all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of Canada.

You acknowledge and agree that DiveThru owns, controls or is licensed all legal right, title and interest in and related to the App, including all intellectual property rights. You may not:

• modify or copy the layout or appearance of the App or any computer software or code contained in the App; and/or
•     decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the App.

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at: hello@divethru.com

Reliance on Information Posted

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR PARTNERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS/COUNSELORS OR PERSONS YOU MEET THROUGH THE SERVICE. MEMBERS ACKNOWLEDGE AND AGREE THAT DIVETHRU DOES NOT PROVIDE ANY MEDICAL ADVICE OR PROFESSIONAL MEDICAL HELP

IN NO EVENT SHALL DIVETHRU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIVETHRU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT DIVETHRU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY DIVETHRU FROM ITS FACILITIES IN CANADA. DIVETHRU MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Disclaimer of Warranties

Any information or insight gathered via the app cannot and does not replace a meeting with a professional. Any reliance on such information is done at the your full and sole risk and liability.

Your use of the App, its content and any services or items obtained through the App is at your own risk. The App, its content and any services or items obtained through the App are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the App. We shall not be liable to you for any loss suffered in relation to your use or inability to use the App. Without limiting the foregoing, neither the company nor anyone associated with it represents or warrants that the App, its content or any services or items obtained through the App will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our App or the server that makes it available are free of viruses or other harmful components or that the App or any services or items obtained through the App will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Entire Agreement/ Severability

These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and DiveThru, in relation to Your use of the App and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and DiveThru relating to this subject matter, and cannot be changed or terminated orally.

Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior consent of DiveThru, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

Non-waiver

Failure by either DiveThru or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Indemnification

You agree to defend, indemnify and hold harmless DiveThru and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through our App. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Force Majeure

DiveThru shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law

The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Edmonton, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Edmonton. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Edmonton. This Agreement shall be governed by the internal substantive laws of the province of Edmonton, without respect to its conflict of law’s principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Edmonton for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights

1. Arbitration. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at: hello@divethru.com.