Terms of Service & Privacy Policy
Terms of Service
Holstee, Inc. (“Holstee,” “we,” “us,” or “our”) operates the Reflection.app application and related websites (each, an “App”, “Software” or a “Site”, respectively) and several related services (all such services, “Services”).
1. Your Acceptance
1.1 This is an agreement between Holstee, Inc. (“Holstee”) registered at 4023 Kennett Pike #58196, Wilmington, DE 19807 USA the owner and operator of Reflection.app (“Reflection.app”, the “App", “Site”, “Software”, or “Service”) and you, a user of the Service.
1.2 In order to use the Service, you must first agree to these Terms of Service (“Terms”) and Holstee’s Privacy Policy which are incorporated herein by reference. Your agreement will be confirmed by accepting these terms when prompted upon first sign in into the Service. If you do not accept these terms then please do not sign in, and if applicable close and delete the Software.
1.3 You affirm that you are over 13 years of age. If you are under 13 years of age, you are not permitted to use the Holstee Service.
2. Reflection.app Service
2.1 These apply to all users of the Reflection.app Service.
2.2 Subject to your compliance with these Terms, Holstee hereby grants you permission to use the Service, provided that:
(i) your use of the Service as permitted is solely for your personal, non-commercial use;(ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Holstee’s prior written consent;(iii) you will not attempt to alter or modify any part of the Service; and(iv) you will comply with all applicable laws and regulations.
2.3 You acknowledge that from time to time the Service may be unavailable whilst we conduct maintenance and updates of the Application and the Service. We will endeavour to minimize such disruption. We do not guarantee that the Service will be available 24 hours a day, 7 days a week.
2.4 The Service may host information containing links to third party websites that are not owned or controlled by Holstee. Holstee has no control over and no responsibility for any third party websites. By using the Service, you expressly acknowledge and agree that Holstee shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Fees
Holstee reserves the right to charge fees for future updates and improvements to the Service. We will notify you of any charges and seek your agreement to them before they are applied.
4. Intellectual Property Rights
You acknowledge and agree that Holstee own or are licensors of all the legal rights and interests in and to the Application, except all User Content (as defined below), subject to copyright and other intellectual property rights under English and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution of any of the Application other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Service for any commercial purposes.
5. User Content
5.1 The Service permits the creation of information, including but not limited to text, images, videos, location and other data submitted by you and other users ("User Content").
5.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing the content.
5.3 You retain all of your ownership rights in your User Content.
5.4 By submitting the User Content, you consent to Holstee to sharing non-personally identifying information, as covered in the Privacy Policy, with third-parties to assist in understanding usage patterns and for Service functionality.
5.5 In connection with User Content, you further agree that you will not:(i) submit material that is copyrighted or subject to third party rights, including privacy rights;(ii) publish falsehoods or misrepresentations that could damage Holstee or any third party;(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive;(iv) impersonate another person;(v) send or store material containing software viruses or other malware;(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or(vii) attempt to gain unauthorized access to the Service or its related systems or networks.
5.6 Holstee reserves the right to discontinue any aspect of the Service at any time, for example, due to a security breach or your breach of these Terms.
6. Warranty Disclaimer
Use of the Holstee service shall be at your own risk. To the fullest extent permitted by law, Holstee, its officers, directors, employees, and agents make no express warranties and disclaim all implied warranties, in connection with the service and your use thereof. Holstee makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption of transmission to or from our service, (iv) any viruses or malware which may be transmitted to or through our service through the actions of any third party, or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service. Holstee does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party through the service.
7. Limitation of Liability
In no event shall Holstee, its officers, directors, employees, and agents, be liable to you for any direct, indirect, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, or any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (ii) any interruption of transmission to or from our servers, (iii) any viruses or malware which may be transmitted to or through our service by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available.
8. Indemnity
You agree to indemnify Holstee, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party.
9. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Holstee without restriction.
10. Governing Law
This Agreement and your use of the Service shall be governed and construed in accordance with the laws of the state of Delaware and the federal laws of the United States applicable therein, excluding the application of any rule or principal of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction.
Any dispute arising under this Agreement shall be resolved exclusively by the courts located in the United States in the state of Delaware. You agree not to bring any legal action against Holstee in any jurisdiction except the state of Delaware and you shall submit and consent to such jurisdiction.
11. General
This Agreement and the Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any discrepancy between this Agreement and the Privacy Policy, this Agreement shall govern and control. Any waiver of any provision of the Agreement will be effective only if in writing and signed by Holstee. If any provision of this Agreement shall be deemed unlawful, invalid, or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Holstee other than that of independent contractors.
12. Changes in Terms and Conditions
We reserve the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, the Account of any other User or any third party. We reserve the right to modify this Agreement from time to time without notice. Please review this Agreement from time to time so that you will be apprised of any changes.
Privacy Policy
Site Information Collection and Use.
Personal Information Collection and Use.
We do not sell or rent any personally identifiable Registration Data to third parties without your explicit consent. Unless you specifically authorize us to release such information, or release is required or permitted by law, we will not exchange, sell, lease, trade or otherwise give away such information to other third parties.