CalmEd legal
General Terms of Use
GENERAL TERMS OF USE
WHO WE ARE
TAGWARE LIMITED is a company incorporated under the laws of the Republic of Cyprus (hereinafter referred to as "Provider"), and is the owner of the CalmEd Tics Programme. The CalmEd Tics Programme is currently accessible through the CalmEd Tics mobile application for supported iOS and Android devices. The Provider may also operate a website for informational, support and payment-related purposes. The Programme itself is not currently available through a web browser or web-based application. The Provider reserves the right to make the Programme available through additional platforms in the future (collectively, the "Platform"). The full details of the Provider are:
Full company name: TAGWARE LIMITED,
Address: 66, Cyprus, Company Arch. Makariou III, CRONOS COURT, 7th floor, Office 71, 1077 Nicosia
Registration number: Reg. No: HE397352
Contact email address: apps@tagware.com.cy
WHAT WE DO
The CalmEd Tics Programme is based on an adaptation of the "Open System of Human Development Stimulation" methodology, developed by Professor Lazar Stošljević, PhD, and Professor Miodrag Stošljević, PhD.
The methodology was first published in 1969 and has been the subject of academic research and development over several decades, including doctoral and master's theses in motor development at universities in Prague and Belgrade. It has also been described and discussed in university textbooks, monographs, practical manuals, and numerous scientific and professional publications. The inclusion of this information is provided solely for background purposes and should not be interpreted as a representation that the CalmEd Tics application has itself been clinically tested, certified, approved by any regulatory authority, or proven to achieve any particular therapeutic outcome.
The CalmEd Tics Programme is specifically designed for adult individuals with motor and/or vocal tics, as well as for parents of children with motor and/or vocal tics aged 5 years and older (hereinafter referred to as "Users"). The exercises are intended to be generally applicable to users of any age above 5 years, with different types of tics and are performed in accordance with a structured programme.
The CalmEd Tics Programme is designed to enable Users to access the programme remotely from any location with a compatible device and an internet connection, allowing them to complete the exercises conveniently and consistently.
The Programme does not involve the use of medication and is intended solely as an educational exercise programme.
With a one-time payment, the User receives ongoing access to the entire Programme without any recurring subscription fees or hidden charges. Such access shall remain available for as long as the Platform and the Programme continue to be made available by the Provider in accordance with these Terms.
HOW IT WORKS
The CalmEd Tics Programme consists of 55 guided exercises, organised into 34 weekly modules and completed in a predefined sequence. The programme guides the User through a structured programme lasting approximately six months, or longer where additional practice is required in accordance with the methodology. If, after completing the initial 34-week programme, the User has not experienced the desired progress, the programme recommends repeating the final group of exercises until satisfactory progress is achieved, where appropriate. This recommendation forms part of the educational methodology and should not be interpreted as medical advice or as a guarantee that improvement will occur.
Each exercise includes a video demonstration featuring an instructor performing the exercise, accompanied by spoken audio instructions and written guidance. The exercises are to be completed in the prescribed order and with the specified number of repetitions. New modules become available on a weekly basis, and Users are expected to complete the exercises daily in accordance with the instructions provided in the Application. The Application records and tracks the User's progress throughout the Programme.
The Platform records and tracks the User's progress throughout the CalmEd Tics Programme, including completed exercises, the User's current week or module, and the sequence in which subsequent exercises are unlocked.
The Platform does not measure, monitor, or assess the frequency, severity, or intensity of the User's tics, nor does it independently evaluate the User's medical, therapeutic, or clinical progress. Any information relating to the User's condition, symptoms, or progress is based solely on the data voluntarily entered by the User and the User's own subjective assessment.
The User acknowledges and agrees that any progress information displayed by the Platform reflects only the User's completion of the Programme and the information provided by the User. Such information is intended solely to facilitate the User's participation in the Programme and shall not be interpreted as a medical diagnosis, clinical assessment, or confirmation of any therapeutic outcome.
The Provider does not verify the accuracy, completeness, or reliability of the information submitted by the User and shall not be liable for any decisions, conclusions, or actions taken in reliance on such information.
Progress is assessed primarily by the User's own observation of changes in the frequency and/or intensity of involuntary movements or vocalisations.
The effectiveness of the programme depends on a number of factors, including the User's individual characteristics, consistency, commitment to daily practice, and compliance with the instructions provided. Individual results vary, and no guarantee is made that any particular outcome, improvement, or therapeutic benefit will be achieved.
The methodology on which the programme is based has been applied successfully in practice over many years. However, the Provider does not represent or warrant that every User will experience the same results or that the programme will eliminate or reduce tics in every case.
REGISTRATION AND USER ACCOUNT
To access the Platform/Application, the User must create an account. Registration may be completed through one of the following methods:
by creating an account on the website using a username and password;
by signing in with a valid Google account; or
by signing in with a valid Apple account.
During the registration process, the User will be asked to provide their first name, last name, and email address. The User represents and warrants that all information provided during registration is accurate, complete, and up to date and agrees to promptly update such information if it changes.
Users can register on the registration date if they are at least 18 years of age.
Registration is free of charge. Upon successful registration, the User will have access to the introductory section of the Application, including an introductory video explaining the Programme and the functionality of the Application.
The User is solely responsible for maintaining the confidentiality and security of their login credentials, including their username and password, and for all activities carried out through their account. The User must not share their account credentials with any third party or permit any other person to access or use the Application through their account.
If the User becomes aware of any unauthorised access to, or use of, their account, or any other security breach, the User must notify the Provider without undue delay and take all reasonable steps to protect the security of the account.
The Provider reserves the right to suspend, restrict, or terminate a User account if:
the registration information is false, inaccurate, incomplete, or misleading;
the User breaches these Terms;
the Provider reasonably believes that the account is being used fraudulently, unlawfully, or in a manner that may compromise the security or operation of the Application; or
such action is required to comply with applicable law or a request from a competent authority.
The User may delete their Account at any time through the Application .
Upon the User's request to delete the Account, the Account shall be deactivated without undue delay. The Provider shall permanently delete the User's profile and Programme-related personal data within the period specified in the Privacy Policy, and in any event no later than thirty (30) days from the date of the deletion request, unless a longer retention period is required or permitted by applicable law.
The User acknowledges and agrees that, once the deletion process has been completed, any progress, exercise history, personalised settings, and other Programme-related data associated with the Account cannot be restored..
Deletion of an Account does not automatically entitle the User to a refund of any fees already paid, unless otherwise required by applicable law or expressly provided in these Terms.
Notwithstanding the foregoing, the Provider may retain limited information, including the User's email address and transaction records, where necessary to comply with applicable legal obligations, maintain accounting and tax records, process complaints, establish, exercise or defend legal claims, or verify the User's previous purchase and entitlement to access the Programme, all in accordance with the Privacy Policy.
Where the User has purchased right to access the Programme, deletion of the Account shall not, by itself, affect such purchased entitlement. If the User subsequently creates a new account , the previous purchase can be successfully verified through the relevant payment provider or app store, the Provider shall restore the User's entitlement to access the Programme. Any restored access shall be provided through the newly created Account only and shall not include any previously deleted Programme-related data.
The Provider may require the User to verify their identity or ownership of the Account before restoring access to an Account or processing certain Account-related requests.
ACCEPTANCE OF THESE TERMS
These Terms of Use ("Terms") constitute a legally binding agreement between User and Provider, governing access to and use of the CalmEd Tics’ Platform.
The Agreement between the User and the Provider is concluded when the User accepts these Terms, and the Provider confirms successful payment by granting the User access to the Programme. By registering an account, accessing, downloading, or using the Platform, the User confirms that they have read, understood, and agree to be bound by these Terms and the Privacy Policy, each of which forms an integral part of the agreement between the User and the Provider.
By accepting these Terms, the User declares and warrants that:
- they are at least 18 years of age;
- they possess the legal authority to create legal obligations;
- they will not create more than one account on the Platform;
- they will safeguard account information and supervise and be completely responsible for any use of their account by anyone other than them.
The Provider reserves the right to refuse access to services to anyone at any time and for any reason, including, but not limited to, violations of these Terms.
Registration is free of charge. Certain features of the Platform, including access to the full exercise programme, will require payment as described in the Section 7 in these Terms.
The Provider may suspend, restrict, or terminate a User account in accordance with these Terms. The User may also close their account at any time in accordance with the account management procedures made available through the Platform.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus. The processing of personal data is carried out in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), applicable legislation of the Republic of Cyprus, and the Provider's Privacy Policy.
LICENCE TO USE THE PLATFORM
Subject to the User's compliance with these Terms and, where applicable, payment of the applicable fees, the Provider grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Platform solely for the User's own personal, non-commercial purposes. The one-time purchase grants the User a personal licence to access the Programme for an unlimited period through the User's registered account, subject to these Terms.
This licence permits the User to:
access and use the Platform through the authorised website or mobile application;
view the educational content, including videos, audio instructions, text, graphics, and other materials made available through the Platform;
participate in the Programme in accordance with the methodology and instructions provided within the Platform; and
use the Platform only in the manner expressly permitted by these Terms.
Except as expressly permitted by applicable law or these Terms, the User shall not, and shall not permit any third party to:
copy, reproduce, modify, translate, adapt, distribute, publish, display, transmit, sell, licence, rent, lease, or otherwise exploit any part of the Platform or its content;
create derivative works based on the Platform or any content available through it;
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or structure of the Platform, except to the extent such restriction is prohibited by applicable law;
remove, alter, or obscure any copyright, trademark, or other proprietary notices;
use the Platform for any commercial purpose or for the benefit of any third party;
permit any other person to use the User's account or share login credentials;
circumvent or attempt to circumvent any security features, technological protection measures, or access restrictions implemented by the Provider;
interfere with or disrupt the operation, integrity, or security of the Platform or any networks connected to it;
use automated tools, bots, crawlers, scripts, or similar technologies to access, extract, monitor, or collect data from the Platform without the Provider's prior written consent.
The licence granted under these Terms does not transfer to the User any ownership rights in the Platform or any of its content. All rights not expressly granted to the User are reserved by the Provider and its licensors.
The licence remains valid for as long as the User is authorised to access the Platform in accordance with these Terms. Upon termination of the User's account or these Terms for any reason, the licence shall automatically terminate, and the User must immediately cease using the Platform.
The Provider may, from time to time, update, modify, improve, replace, suspend, or discontinue all or any part of the Platform or the Programme for legitimate business, technical, operational, legal, regulatory, or security reasons. The Provider may also perform scheduled or emergency maintenance that temporarily affects the availability of the Platform.
Where reasonably practicable, the Provider will provide advance notice of any material changes or planned discontinuation of the Platform through the Application, the Provider's website, or by email.
If the Provider permanently discontinues the Platform, the Provider may, at its sole discretion, provide Users with a reasonable transition period or an alternative means of accessing the purchased content, where commercially and technically feasible. Nothing in these Terms shall be construed as obligating the Provider to maintain, support, update, or continue operating the Platform or any specific feature for any minimum period of time.
PURCHASE, FEES AND PAYMENT
Access to the Programme
Registration of a User account is free of charge. Access to the introductory section of the Platform, including the introductory video and certain informational content, is available without payment.
Access to the full CalmEd Tics Programme requires payment of the applicable purchase price displayed on the Platform at the time of purchase.
One-Time Purchase
Unless expressly stated otherwise, access to the Programme is provided upon payment of a one-time fee. The one-time fee grants the User a personal licence to access the Programme through the registered User account for an unlimited period, subject to these Terms.
The purchase price is payable only once. No recurring subscription fees or automatic renewals apply.
The one-time purchase grants the User the right to access the Programme for an unlimited period while the Platform remains available and operational. The Provider reserves the right to modify, update, replace, or discontinue the Platform or any part of the Programme for legitimate business, technical, security, or legal reasons. Where reasonably practicable, the Provider will provide advance notice of any material discontinuation.
Payment Methods
The Programme may be purchased using one of the following payment methods, depending on the platform through which the purchase is made:
through the Provider's website, by debit or credit card or any other payment method made available by the Provider, including payment processors such as Stripe or PayPal; or
through the CalmEd Tics mobile application, exclusively via the Apple App Store (for iOS devices) or the Google Play Store (for Android devices), using the payment methods supported by the relevant app store
Payments are processed by independent third-party payment service providers. The Provider does not collect or store the User's complete payment card details.
Pricing and Taxes
All prices displayed on the Platform are shown in the applicable currency and include or exclude applicable taxes, including VAT, as expressly indicated at the time of purchase.
The Provider reserves the right to change the purchase price for future purchases at any time. Any price changes shall not affect purchases that have already been completed.
Completion of Purchase
A purchase is deemed completed once the payment has been successfully authorised and received by the Provider or its authorised payment processor. Upon successful completion of the purchase, the User will be granted access to the Programme through their registered account.
Refund Policy
Because the Programme consists of digital content supplied electronically, the User acknowledges that access to the Programme may begin immediately after purchase.
Where permitted by applicable law, by requesting immediate access to the Programme, the User expressly acknowledges and agrees that the digital content will be supplied immediately and that any statutory right to withdraw from the purchase may be lost once performance has begun.
Nothing in these Terms limits any mandatory consumer rights available under applicable law.
Refund requests shall be considered in accordance with the applicable laws of the Republic of Cyprus, the European Union, and, where the purchase was made through the Apple App Store or Google Play Store, the refund policies of the relevant platform.
App Store Purchaseso/Google Play Store
Where the Programme is purchased through the Apple App Store or Google Play Store, billing, payment processing, refunds, and cancellations may be governed by the applicable terms and policies of the relevant app store. The Provider is not responsible for payment processing performed by such third-party platforms.
Suspension for Fraudulent Transactions
The Provider reserves the right to suspend or revoke access to the Programme if it reasonably believes that a payment has been reversed, charged back, obtained fraudulently, or otherwise made in breach of these Terms or applicable law.
REFUND POLICY
By purchasing the Programme and requesting immediate access to its digital content, the User expressly requests the immediate performance of the contract and acknowledges that, to the fullest extent permitted by applicable law, the statutory right to withdraw from the purchase may cease once the supply of the digital content has commenced.
Except where mandatory consumer protection legislation provides otherwise, all purchases are final and non-refundable once access to the Programme has been activated.
Refunds may be granted only in the following circumstances:
(a) the User has been charged more than once for the same purchase;
(b) the payment was processed in error;
(c) the User is unable to access the purchased Programme due to a technical issue attributable solely to the
Provider which cannot be resolved within a reasonable period;
(d) a refund is required under applicable law; or
(e) the Provider, in its sole discretion, decides to approve a refund in exceptional circumstances.
Because the Programme is educational in nature and individual progress depends on numerous factors, including the User's individual characteristics, consistency, commitment, and compliance with the Programme instructions, the Provider does not guarantee any specific outcome or therapeutic benefit. Accordingly, dissatisfaction with the results achieved, failure to complete the Programme, discontinuation of the exercises, or the absence of the desired improvement shall not constitute grounds for a refund.
Where the Programme is purchased through the Apple App Store or Google Play Store, payment processing, cancellations and refunds may be governed by the applicable terms and refund policies of the relevant platform. The User should submit any refund request directly through the relevant app store where required by its policies.
Any refund request relating to purchases made directly from the Provider's website must be submitted in writing to the Provider together with the User's name, registered email address, proof of purchase and a description of the circumstances giving rise to the request. The Provider will review the request and notify the User of its decision within a reasonable period.
Nothing in this Article shall exclude or limit any mandatory rights or remedies available to consumers under the applicable laws of the Republic of Cyprus or any mandatory provisions of European Union consumer protection legislation.
MEDICAL DISCLAIMER
The CalmEd Tics Programme is an educational application designed to provide users with access to structured educational content and guided exercises based on the methodology described in the Programme. The Platform is intended solely for educational and informational purposes.
The Platform is not a medical device, healthcare service, or telemedicine service and does not provide medical advice, medical diagnosis, treatment, rehabilitation, or any other healthcare services.
The information, videos, audio instructions, exercises, recommendations, and other content made available through the Platform are not intended to replace professional medical advice, diagnosis, or treatment. Users should always seek the advice of a qualified physician or other healthcare professional regarding any medical condition or before beginning any new exercise programme.
The Programme is intended to support users through structured educational exercises. Individual progress and outcomes depend on numerous factors, including the User's age, medical condition, type and severity of tics, consistency in performing the exercises, adherence to the instructions, and other individual circumstances beyond the Provider's control. Accordingly, the Provider does not guarantee any particular result, improvement, reduction, or elimination of symptoms.
The methodology on which the Programme is based has been adapted for individuals with different types of motor and vocal tics. However, the Provider does not represent or warrant that the Programme is appropriate for every User or every medical condition.
The User is solely responsible for deciding whether the Programme is suitable for their individual circumstances. If the User is uncertain whether the Programme is appropriate, they should consult a qualified healthcare professional before using the Platform.
If the User experiences pain, discomfort, unexpected adverse effects, worsening of symptoms, or any other health concerns while using the Programme, the User should discontinue the exercises immediately and seek appropriate medical advice.
Users experiencing a medical emergency should immediately contact their physician or the appropriate emergency medical services.
Nothing contained in the Platform shall be interpreted as creating a physician-patient relationship, therapist-patient relationship, or any other healthcare professional relationship between the Provider and the User.
LIMITATION OF LIABILITY
The Platform and the Programme are provided on an "as is" and "as available" basis, without warranties of any kind except as expressly required by applicable law.
To the fullest extent permitted by applicable law, the Provider makes no representation or warranty that:
the Platform will operate uninterrupted or error-free;
any defects will be corrected within a particular timeframe;
the Platform will always be available or compatible with every device or operating system;
the Programme will produce any particular medical, therapeutic, educational, or personal outcome.
The Provider shall not be liable for any loss, injury, damage, claim, cost, or expense arising from or related to:
the User's failure to follow the instructions provided within the Programme;
the User's failure to consult a qualified healthcare professional where appropriate;
misuse of the Platform;
inaccurate or incomplete information provided by the User;
interruption or unavailability of internet services, mobile networks, hosting providers, payment processors, app stores, or other third-party services;
unauthorised access to the User's account resulting from the User's failure to safeguard their login credentials; or
circumstances beyond the Provider's reasonable control, including force majeure events.
To the fullest extent permitted by applicable law, the Provider shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of business, loss of opportunity, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the use of, or inability to use, the Platform.
Nothing in these Terms excludes or limits the Provider's liability for:
death or personal injury caused by the Provider's negligence where such liability cannot be excluded under applicable law;
fraud or fraudulent misrepresentation;
wilful misconduct; or
any other liability that cannot lawfully be excluded or limited under the applicable laws of the Republic of Cyprus or the mandatory laws of the European Union.
Subject to the previous paragraph, and to the fullest extent permitted by applicable law, the Provider's aggregate liability arising out of or in connection with these Terms or the User's use of the Platform shall not exceed the total amount actually paid by the User to the Provider for access to the Programme during the twelve (12) months preceding the event giving rise to the claim.
The limitations and exclusions of liability set out in this Article shall apply irrespective of the legal basis of the claim, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise.
The User acknowledges that successful participation in the Programme depends primarily on the User's regular performance of the exercises, compliance with the instructions provided, and individual characteristics that are beyond the Provider's control. The User further acknowledges that no specific medical, therapeutic or educational outcome is promised or guaranteed and that the decision to use the Programme is made voluntarily and at the User's own discretion.
The User acknowledges that the use of the Platform requires a supported operating system, a compatible device, a stable internet connection, and sufficient storage space for the installation and updating of the Application.
EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable law, the Provider shall not be liable for any loss, damage, cost or expense arising out of or in connection with:
the User's failure to comply with these Terms or the instructions provided within the Programme;
improper, unauthorised or unintended use of the Platform;
inaccurate, incomplete or outdated information provided by the User;
the User's failure to seek appropriate medical advice where necessary;
the User's failure to perform the exercises as instructed or to use the Programme consistently;
any interruption, delay, temporary unavailability, maintenance, software update, technical malfunction, internet connectivity issue or failure of third-party services beyond the Provider's reasonable control;
temporary suspension of the Platform for maintenance, security, legal or operational reasons;
minor typographical, grammatical, translation or formatting errors that do not materially affect the content or functionality of the Platform;
the User's dissatisfaction with the Programme or the fact that the Programme does not meet the User's personal expectations; or
the absence of any particular medical, therapeutic or educational outcome resulting from the use of the Programme.
Nothing in this Article excludes or limits the Provider's liability where such exclusion or limitation is prohibited by applicable law.
The Provider is not responsible for any diagnosis made by the User based on information available through the Platform, nor for any decision by the User to commence, discontinue or modify any medical treatment without consulting a qualified healthcare professional.
RESPONSIBILITIES OF THE USER
The User shall use the Platform in accordance with these Terms, applicable law, and the instructions provided within the Platform.
The User is responsible for ensuring that all information provided during registration and throughout the use of the Platform is accurate, complete, and kept up to date.
The User shall maintain the confidentiality of their account credentials and is solely responsible for all activities carried out through their account.
The User shall use the Programme only for personal, non-commercial purposes and shall not permit any third party to access the Platform through the User's account.
The User is responsible for performing the exercises in accordance with the instructions provided in the Programme. The User acknowledges that the effectiveness of the Programme depends, among other factors, on regular participation, adherence to the prescribed methodology, and individual circumstances.
The User shall consult a qualified healthcare professional before using the Programme if they have any concerns regarding their medical condition or the suitability of the exercises.
The User shall immediately discontinue the exercises and seek appropriate medical advice if they experience pain, significant discomfort, unexpected adverse effects, or any material worsening of their condition while using the Programme.
The User shall not misuse the Platform, attempt to gain unauthorised access to the Platform or its systems, interfere with its operation, upload malicious software, or otherwise use the Platform in a manner that could harm the Provider or other users.
The User shall comply with all applicable laws and regulations while using the Platform.
The User acknowledges that the proper functioning of the Programme depends upon the User following the instructions provided within the Platform and using the Programme in the manner for which it is intended. The Provider shall not be responsible for any consequences arising from the User's failure to comply with the Programme instructions or these Terms.
RESPONSIBILITIES OF THE PROVIDER
The Provider shall make the Platform available with reasonable skill and care and shall use commercially reasonable efforts to maintain its availability, functionality, and security.
The Provider shall provide the Programme substantially as described in these Terms and within the Platform, subject to updates, improvements, modifications, or changes made in accordance with these Terms.
The Provider shall process the User's personal data in accordance with the Privacy Policy, the General Data Protection Regulation (GDPR), and applicable laws of the Republic of Cyprus.
The Provider shall implement reasonable technical and organisational measures designed to protect the Platform and the personal data processed through it against unauthorised access, loss, misuse, or disclosure.
The Provider may update, modify, improve, suspend, or discontinue any feature of the Platform where reasonably necessary for technical, operational, legal, regulatory, security, or business reasons.
The Provider shall use reasonable efforts to correct material technical defects affecting the operation of the Platform within a reasonable time after becoming aware of them.
The Provider does not undertake to monitor each User's use of the Platform but reserves the right to suspend or terminate accounts that violate these Terms or applicable law.
The Provider does not guarantee uninterrupted or error-free operation of the Platform and shall not be responsible for interruptions caused by maintenance, software updates, failures of third-party services, internet connectivity issues, force majeure, or other circumstances beyond the Provider's reasonable control.
Nothing in this Article shall be construed as creating an obligation on the Provider to provide medical care, medical supervision, or emergency assistance to any User.
Respects the principle of clarity and informs customers clearly and understandably about their rights with these terms and conditions;
The Provider will collect and process only such personal data as are necessary, relevant, and proportionate for the purposes of providing the Platform and the Services, administering User accounts, performing its contractual obligations, complying with applicable legal requirements, and for any other purposes described in the Privacy Policy.
ELIGIBILITY
The Platform is intended for use by individuals who are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement.By registering an account, the User represents and warrants that they are at least eighteen (18) years old and are legally capable of accepting these Terms.
The Programme may be used by or for the benefit of children only under the supervision and responsibility of a parent or legal guardian who has registered the account and accepted these Terms.
The Provider does not knowingly collect personal data directly from children or permit children to create User accounts. Where the Programme is used by or for the benefit of a child, the parent or legal guardian is solely responsible for the child's use of the Platform and for ensuring that the exercises are appropriate for the child.
If the Provider becomes aware that an account has been created by a person who does not meet the eligibility requirements set out in this Article, the Provider may suspend or terminate the account without prior notice.
USER QUESTIONS AND CUSTOMER SUPPORT
The Platform includes a Frequently Asked Questions (FAQ) section through which Users may submit questions relating to the use and functionality of the Platform and the Programme .Questions submitted through the FAQ feature shall be limited to general questions regarding the operation of the Platform, access to the Programme, technical issues, and other general information relating to the Services. To improve the User experience, the Provider may update, expand, and modify the FAQ section from time to time based on questions submitted by Users through the contact form or the FAQ feature.
The Provider may, at its sole discretion, publish responses to frequently asked questions within the FAQ section where such responses may be of general interest or assistance to other Users.
The FAQ feature is provided solely as a customer support tool. It does not constitute a medical consultation, professional healthcare advice, diagnosis, treatment, or personalised assessment.
The Provider is under no obligation to respond individually to every question submitted by a User and may decline to answer questions that:
(a) seek personalised medical advice, diagnosis, or treatment;
(b) relate to matters outside the scope of the Platform or the Programme;
(c) are inappropriate, offensive, unlawful, or abusive; or
(d) have already been addressed within the Platform or these Terms.
Responses provided through the FAQ feature are intended solely for general informational purposes and should not be relied upon as a substitute for advice from a qualified healthcare professional.
The User acknowledges that the Provider does not provide individual consultations, medical opinions, or personalised recommendations through the Platform.
INTELLECTUAL PROPERTY RIGHTS
The Platform, the Programme, and all content made available through the Platform, including without limitation the methodology, exercises, videos, audio recordings, voice instructions, text, graphics, illustrations, photographs, software, source code, object code, user interface, design, databases, documentation, trademarks, logos, trade names and all other materials (collectively, the "Content"), are owned by, licensed to, or otherwise lawfully used by the Provider and are protected by applicable copyright, trademark, database, trade secret and other intellectual property laws.
Subject to these Terms, the Provider grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform and the Programme solely for the User's personal, non-commercial purposes.
Except as expressly permitted by these Terms or by applicable law, the User shall not:
(a) copy, reproduce, record, publish, distribute, communicate to the public, display, modify, translate, adapt or create derivative works from any part of the Platform or the Content;
(b) sell, license, lease, rent, assign, transfer or otherwise commercially exploit the Platform or any Content;
(c) download, extract, scrape or systematically collect any Content other than where such functionality is expressly provided by the Platform;
(d) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or underlying technology of the Platform;
(e) remove, alter or obscure any copyright, trademark or other proprietary notices; or
(f) use any part of the Platform or the Content for the development of competing products or services.
The User shall not record, photograph, screen-record, stream, reproduce or otherwise redistribute any video demonstrations, audio instructions or other educational materials made available through the Platform without the Provider's prior written consent.
Any unauthorised use of the Platform or the Content constitutes a material breach of these Terms and may result in the immediate suspension or termination of the User's account, without prejudice to any other legal remedies available to the Provider.
Any feedback, suggestions, comments or recommendations voluntarily submitted by the User regarding the Platform or the Programme may be used by the Provider without restriction or compensation to the User, provided that such use does not include the processing of the User's personal data contrary to applicable law.
All rights not expressly granted to the User under these Terms are reserved by the Provider.
PROTECTION OF PERSONAL DATA
The Provider processes the User's personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), the applicable laws of the Republic of Cyprus, and the Privacy Policy. Depending on the nature and purpose of the processing, the legal basis may include the User's consent, the performance of a contract, compliance with legal obligations, the Provider's legitimate interests, or any other legal basis permitted under applicable law.
The Provider collects and processes only to the extent necessary for the purposes described in these Terms and the Privacy Policy:
(a) registering and administering User accounts;
(b) providing access to the Platform and the Programme;
(c) processing payments;
(d) providing the Programme functionalities, including monitoring the User's progress and use of the Programme;;
(e) responding to User enquiries and providing customer support;
(f) complying with applicable legal obligations; and
(g) other purposes described in the Privacy Policy.
By creating an account and using the Platform, the User acknowledges that the Provider will process personal data in accordance with the Privacy Policy.
The User acknowledges that certain information entered into the Platform, including information relating to tics, stress level, questionnaires, exercise progress and other Programme-related information, may constitute special categories of personal data (personal data concerning health) within the meaning of Article 9 GDPR and will be processed in accordance with the Privacy Policy and applicable law.
Where the processing involves special categories of personal data, including personal data concerning health, the User's explicit consent shall be obtained where required by applicable law.
The Provider implements appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access.
Users may exercise their rights relating to their personal data, including the rights of access, rectification, erasure, restriction of processing, data portability, objection, and withdrawal of consent (where processing is based on consent), in accordance with applicable law and as described in the Privacy Policy.
The Provider may engage trusted third-party service providers to perform services on its behalf, including hosting, cloud storage, payment processing, authentication and technical support. Such providers shall process personal data only on the Provider's documented instructions and subject to appropriate contractual and security safeguards.
These Terms should be read together with the Privacy Policy, which forms an integral part of the contractual relationship between the User and the Provider. In the event of any inconsistency regarding the processing of personal data, the Privacy Policy shall prevail.
SUSPENSION AND TERMINATION
These Terms shall remain in effect for as long as the User accesses or uses the Platform, unless terminated in accordance with this Article.
The User may terminate these Terms at any time by permanently deleting their User account through the Platform or by submitting a written request to the Provider. Termination of the User's account shall not affect any rights or obligations that arose prior to the effective date of termination.
The Provider may suspend or terminate the User's account, with or without prior notice, if the Provider reasonably believes that the User:
has breached these Terms;
has provided false, misleading, or incomplete registration information;
has shared their account credentials or permitted unauthorised third parties to access the Platform;
has infringed or attempted to infringe the Provider's intellectual property rights;
has used the Platform for any unlawful, fraudulent, abusive, or unauthorised purpose;
has interfered with the operation, integrity, or security of the Platform; or
has otherwise acted in a manner that may cause harm to the Provider, other Users, or third parties.
The Provider may also suspend or discontinue the Platform, or any part of it, where reasonably necessary for legal, regulatory, operational, technical, security, or business reasons.
Upon suspension or termination:
the User's licence to access and use the Platform shall immediately cease;
the Provider may disable or delete the User's account and restrict any further access to the Platform;
the User shall cease all use of the Platform and its Content; and
the Provider may retain or delete User data in accordance with applicable law and the Privacy Policy.
Where an account is terminated due to the User's breach of these Terms, the User shall not be entitled to any refund of amounts already paid, except where such refund is required by mandatory applicable law.
Termination of these Terms shall not affect any provisions which, by their nature, are intended to survive termination, including without limitation provisions relating to intellectual property rights, payment obligations, limitation of liability, disclaimers, privacy and data protection, governing law, dispute resolution, and any other rights or obligations accrued prior to termination.
The Provider's decision to suspend or terminate an account shall not prejudice any other legal rights or remedies available to the Provider under these Terms or applicable law.
Where the User voluntarily deletes their account, the Provider may permanently delete the User's account information and progress data after the applicable retention period set out in the Privacy Policy. The User acknowledges that deleted progress records may not be recoverable.
COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
The Provider is committed to resolving any questions, concerns, or complaints raised by Users promptly, fairly, and in good faith.
If a User has a complaint regarding the Platform, the Programme, a purchase, or any Services provided by the Provider, the User should first contact the Provider by email at apps@tagware.com.cy, providing sufficient details to enable the Provider to investigate the matter.
The Provider will acknowledge receipt of the complaint within a reasonable period and will use commercially reasonable efforts to investigate and respond to the complaint as soon as reasonably practicable.
Before commencing any legal proceedings, the Parties shall use reasonable efforts to resolve any dispute arising out of or in connection with these Terms through good-faith negotiations.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws rules.
If the User is not a consumer, any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Cyprus.
If the User is a consumer, nothing in these Terms shall affect or limit any mandatory rights or remedies available to the User under the applicable consumer protection laws of the country in which the User has their habitual residence, including any mandatory rules relating to jurisdiction.
Nothing in this Article shall prevent either Party from seeking interim or injunctive relief from a court of competent jurisdiction where such relief is necessary to protect its rights or interests.
ADDITIONAL INFORMATION
For any additional information regarding these Terms of Use, Users can contact the Provider via email at apps@tagware.com.cy
PUBLICATION OF CHANGES TO TERMS OF SERVICE
The Provider undertakes to publish any changes to the general terms of service on this Platform. By using the Platform, the User confirms acceptance and agreement to the general terms of service.
These general terms of use are valid from and may be supplemented/modified without explicit notice.