Terms of Service

Last updated: November 10th, 2023

Welcome to NawaCares!

These Terms of Service apply to your use of NawaCares and the software, content, and services provided through various means, including our website nawacares.com and its subdomains (the “Website”), and NawaCares iOS version (the “Apps”).

Before you commence using our services, please carefully read these terms.

The terms “NawaCares,” “us” or “we” refers to WANWU LTD, a software company who designed and built NawaCares, incorporated and operating in London, UK. The term “device” refers to the device which is used to access our services including but not limited to computers, smartphones, and tablets. The term “you” refers to the user of our services.

By clicking “Agree,” you are considered to have fully read and agreed to all the terms of service, especially those highlighted for your attention. Only upon acknowledging the legality and validity of these terms can you utilize the services provided by us. You shall not claim or demand, on the grounds of insufficient notice or failure to fulfill explanatory obligations in a reasonable manner, that the relevant terms are illegal or invalid without proper notification or clarification as per your request. By registering for any service or using/accessing the service in any other way, you agree to be bound by these terms, as well as all applicable laws, rules, and regulations. Your use of the service indicates your acceptance of these terms and your commitment to abide by them. If you do not agree with these terms, please refrain from using the service.

1. Our Services

NawaCares offers self-help mental health services through text, graphics, audio interfaces, enabling you to input content and engage with a chatbot to enhance your emotional well-being.

1.1. Medical Disclaimer

NawaCares is a software and content provider aimed at improving your mental health. However, we are not healthcare or medical device providers, and our services should not be considered as professional healthcare, medical-grade psychological services, or other professional services. Only your doctor or other healthcare provider can offer such services. NawaCares does not claim, state, or guarantee clinical therapeutic effects of the service.

1.2. Emergency Situations

This service is not intended for emergency situations. If you believe you have a medical emergency, please dial emergency services or visit the nearest open clinic or emergency room. If you are contemplating or preparing for suicide, or feel that you or someone else is in danger, you must immediately cease using the service, dial emergency services, or inform relevant law enforcement or emergency medical personnel.

1.3. Service Modifications

We reserve the right to temporarily or permanently modify or interrupt the service (or any part thereof) with or without notice. You agree that NawaCares shall not be liable to you or any third party for any consequences arising from the modification, suspension, or interruption of any service.

2. Membership Eligibility and Fees

2.1. Becoming a Member

To access and use the full unlimited services, you need to register with NawaCares and become a NawaCares Pro member. Alternatively, you have the option to utilize the limited “Free Use” (the “Freemium,” “Basic Version) services offered by NawaCares, and we retain the right to refuse free usage to anyone at any time. By choosing to register for the service, you agree to provide and maintain accurate, truthful, up-to-date, and complete personal information as prompted by the registration form. Registration data and certain other information about you are governed by our privacy policy.

2.2. Once a Member

You are responsible for maintaining the confidentiality of your password and account (if any) and are fully responsible for all activities that occur under your password or account. You agree to: (a) Immediately notify NawaCares if you discover any unauthorized use of your password or account or any other breach of security. (b) Ensure that you exit your account each time you end the session when accessing our services. NawaCares is not liable for any loss or damage resulting from your failure to comply with this provision.

2.3. Your Membership

As a NawaCares member (the “NawaCares Pro”), you gain access to service content, features, and functions not available to non-members. Upon agreeing to become a member, you opt to receive periodic special offers, marketing, surveys, and service-based communication emails and social media message recommendations. You can easily unsubscribe from these emails following the instructions in NawaCares’s business emails. NawaCares membership is non-transferable and cannot be sold, exchanged, or transferred in any way.

2.4. Subscriptions

NawaCares provides users with different paid membership options, presenting choices between one-time purchases and auto-renewing subscription plans. Subject to the allowances of platforms (the “Apple App Store”), you can become a paid subscriber (“Subscription”) by purchasing in-app subscription services, and the subscription plans of each platform are not currently interchangeable. The subscription plan entails automatic renewal through the platform. We maintain the authority to adjust the details of those options within NawaCares.

NawaCares offers two auto-renewing subscription options on the Apple App Store: $12.99 per month, $99.99 per year. These prices are for United States customers. Prices in other countries may vary and actual charges maybe converted to your local currency depending on the country of residence. The subscription will automatically renew unless turned off in your iTunes Account Settings at least 24 hours before the current period ends. You can go to your iTunes Account settings to manage your subscription and turn off auto-renew. Your iTunesAccount will be charged when the purchase is confirmed. lf you subscribe before your free trial ends, the rest of your free trial period will be forfeited as soon as your purchase is confirmed.

2.4.1. Maintaining Subscriptions

Subscriptions can be billed monthly or annually and are processed through the app market partner where you initially obtained the subscription. You can only use the subscription when it is active. If you fail to pay the subscription fee within 7 days after the due date, your subscription will automatically downgrade. Subscription fees will continue to be automatically deducted through the payment method provided in the app market until canceled. To avoid being charged for the next subscription period, cancel your subscription before each billing cycle renewal. No refunds will be granted for any portion of the subscription period. You can only modify or cancel subscriptions through the app market where you initially obtained the subscription. To view, modify, or cancel a subscription, you may need to verify your identity using the same user ID under the app market partner.

2.4.2. Refunds

You can request a refund by clicking “Cancel Subscription” at the bottom of the subscription page. Alternatively, you can contact customer support for a refund through the “Feedback” button on the homepage. Refunds will be processed based on the remaining duration of your paid subscription; for details, consult customer support.

2.5. Device Requirements

To enjoy NawaCares on a smartphone or other devices, your device must meet specific system requirements, which can be found on the website and the Apple App Store.

3. Service Cancellation

3.1. User-Initiated Cancellation

You can cancel your membership at any time by deleting your account within the application. Please note that this action is irreversible, and upon account deletion, all data associated with your service usage will be permanently removed. In the case of deleting your account, the cancellation of paid subscriptions will take effect at the end of the applicable billing cycle. You have the flexibility to cancel a paid subscription and downgrade to “Free Use” without deleting your account. The cancellation will be effective at the end of the applicable billing cycle. For subscriptions purchased through the Apple iTunes Store or our iPhone application, you can cancel the subscription by selecting “Manage App Subscriptions” in the iTunes account settings and choosing the subscription you wish to modify.

3.2. Termination by Us

If you engage in fraudulent activities or violate any obligations in these terms, we may suspend or terminate your access to the service. Such termination or suspension may take immediate effect without prior notice. General provisions regarding usage and storage: You acknowledge that we may establish general rules and limitations on service usage, including but not limited to the maximum duration data or other content is retained on the service and the maximum storage space allocated on our servers for you. You agree that NawaCares is not responsible for the deletion or failure to store any data or other content maintained or uploaded by the service. You acknowledge our right to terminate accounts inactive for an extended period. Furthermore, you recognize our right to change these general rules and limitations at any time, with or without prior notice, at our sole discretion.

4. General Practices on Usage and Storage

You acknowledge that we may establish general rules and limitations on service usage, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that NawaCares is not responsible for the deletion or failure to store any data or other content maintained or uploaded by the service. You acknowledge our right to terminate accounts inactive for an extended period. Furthermore, you recognize our right to change these general rules and limitations at any time, with or without prior notice, at our sole discretion.

5. Mobile Services

Some of our services can be accessed through mobile devices, including (i) uploading content to the service through a mobile device, (ii) browsing services and websites through a mobile device, and (iii) accessing certain features through applications downloaded and installed on a mobile device (collectively referred to as “Mobile Services”). If you access the service through a mobile device, your wireless service provider may charge standard fees, data rates, and other fees. Additionally, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may be available for all carriers or devices. By using Mobile Services, you agree that we may communicate with you regarding NawaCares and other entities through SMS, MMS, text messages, or other electronic means, and certain information about your use of Mobile Services may be transmitted to us. If you change or deactivate your mobile phone number, you agree to promptly update your NawaCares account information to ensure that your messages are not sent to the person who acquires your old number.

6. Terms of Use

6.1. User Conduct

You are solely responsible for all content you upload, post, display (hereinafter referred to as “upload”), or use in any other way through the service, including but not limited to code, videos, images, information, data, text, software, music, sound, photos, graphics, messages, or other materials (hereinafter referred to as “content”). The following are examples of illegal or prohibited content and/or uses that violate NawaCares’s regulations. We reserve the right to take appropriate legal action against anyone violating these provisions, including but not limited to removing infringing content from the service, suspending or terminating the accounts of such violators, and reporting them to law enforcement. You agree not to use the service to:

Upload any content through email or other means that: (i) infringes on any party’s intellectual property or other proprietary rights; (ii) you are not authorized to upload under law, contract, or trust relationships; (iii) contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (iv) poses a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “spam,” “junk mail,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is illegal, harmful, threatening, abusive, harassing, infringing, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of someone else’s privacy, racially, ethnically, or otherwise objectionable; or (vii) in the sole judgment of NawaCares, is controversial or restricts others from using or enjoying the service, or may harm NawaCares, or its users.
Interfere or disrupt the service or connected servers or networks, or violate any requirements, procedures, policies, or regulations of the network connected to the service, or violate any applicable local laws, national laws, or international laws, or any regulations with the force of law.
Impersonate any person or entity, or make false statements or otherwise mislead as to your affiliation with someone or some entity.
Solicit personal information from anyone under 18 years of age.
Collect the email addresses or other contact information of other users by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications.
Advertise or offer to sell or buy any goods or services for any unauthorized commercial purpose unless expressly authorized.
Further promote any criminal activity or enterprise or provide instructional information about illegal activities.
Obtain or attempt to obtain any materials or information through any means not intentionally provided or made available.

6.2. Special Considerations for International Use

Downloading or using the software internationally is at your own risk. Recognizing the worldwide reach of the Internet, you commit to adhering to all local regulations and laws concerning your utilization of the service, encompassing guidelines governing online behavior and acceptable content.

6.3. Commercial Use

This service is for personal use only. Unless explicitly authorized in this agreement or the service, you agree not to display, distribute, license, perform, publish, copy, create derivative works, modify, sell, resell, exploit, transfer, or upload any part of the service, use the service, or access the service for any commercial purpose.

6.4. Minors’ Use

If you are under 18 years of age, you are not authorized to use the service without registration.

7. Applicability

7.1. Applicability of the Agreement

This agreement applies to the laws of the user’s country/region.

7.2. Dispute Resolution

Any dispute arising from or related to this agreement shall be resolved through amicable negotiation. If negotiation fails, either party may submit the dispute to the court in the defendant’s place of residence.

7.3. Modification of the Agreement

The company has the right to modify this agreement at any time based on changes in relevant laws, regulations, the company’s operational status, and business strategies. The modified agreement will be attached to the new version of the software. In case of a dispute, the latest version of the agreement text shall prevail. If you do not agree with the changes, you can delete the software yourself. If you continue to use the software, it is considered that you accept the changes to this agreement.

7.4. Severability

If any provision of this agreement is wholly or partially invalid, unenforceable, or violates any applicable law for any reason, the provision is deemed deleted, but the remaining terms of this agreement remain valid and binding.

7.5. Interpretation and Amendment

To the maximum extent permitted by law, the company has the right to interpret and amend this agreement.

8. Intellectual Property Rights

8.1. Service Content, Software, and Trademarks

You acknowledge and agree that the service may contain content or features (“Service Content”) protected by copyright, patents, trademarks, trade secrets, or other proprietary rights and legal protections. Unless explicitly authorized by NawaCares, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If NawaCares prevents your access to the service (including blocking your IP address), you agree not to take any measures to circumvent such blockages (such as masking your IP address or using proxy IP addresses). Any use of the service or service content not expressly authorized in this agreement is strictly prohibited. The technology and software supporting the service or distributed in connection with the service are the property of NawaCares, our affiliated companies, and partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by NawaCares. The NawaCares name and logos are our intellectual property. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NawaCares name and logos displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of NawaCares name and logos will insure to our exclusive benefit.

8.2. Third-Party Materials

Under no circumstances does NawaCares assume any responsibility for any content or materials from third parties (including users). While NawaCares pre-screens content, it cannot guarantee 100% accuracy or authenticity. You agree that NawaCares and its designees have the right (but not the obligation) to refuse or delete any content accessible through the service. Without limiting the foregoing, NawaCares and its designees have the right to remove any content that violates these terms of service or is deemed controversial by NawaCares. You agree that you must assess and bear all risks associated with the use of any content, including reliance on the accuracy, completeness, or usefulness of such content.

8.3. User Content Transmitted Through the Service

You acknowledge and agree that any questions, opinions, suggestions, ideas, feedback, or other information you provide to NawaCares (“Submitted Content”) is non-confidential, and NawaCares has the unrestricted right to use and disseminate this Submitted Content, whether for commercial purposes or other purposes, without acknowledgment or compensation to you, while safeguarding your privacy. You further acknowledge and agree that if required by law or reasonably needed in good faith, NawaCares may retain and disclose content: (a) to comply with legal processes, applicable laws, or government requests; (b) to enforce these terms of service; (c) to respond to claims that any content violates the rights of third parties; (d) to protect the rights, property, or personal safety of NawaCares, our users, and the public. You understand that the technical processing and transmission of content through the service may involve: (a) transmissions across various networks; and (b) changes and adaptations according to technical requirements of connecting networks or devices.

8.4. Copyright Complaints

NawaCares respects the intellectual property of others, and we expect users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow the procedures outlined below. We will handle and investigate notices of suspected infringement and will take appropriate actions under the “Digital Millennium Copyright Act” and other applicable intellectual property laws. Copyright infringement claims should be sent to NawaCares customer service feedback.

9. Third-Party Websites

The service may provide links or other access to websites and resources on the internet by us or third parties. We cannot control such sites and resources, and we are not responsible for them, nor do we endorse them. You further acknowledge and agree that NawaCares is not liable for any damages or losses, whether direct or indirect, caused or claimed to be caused by using or relying on any content, events, goods, or services available on such sites or resources. Any transactions you undertake with third parties while using the service are solely between you and that third party, and you agree that NawaCares is not responsible for any loss or claims you may have against any such third party.

You may enable, connect, or log in to the service using various online third-party services (such as social media and social network services), referred to as “social network services.” By logging in or directly integrating these social network services into the service, we can enhance and personalize your online experience. To utilize this feature and capability, we may require you to authenticate, register, or log in to social network services on their provider’s website. As part of such integration, social network services will provide us with certain information you have provided to them, and we will use, store, and disclose such information in accordance with our privacy policy. However, please be aware that the way social network services use, store, and disclose your information is solely governed by the policies of these third parties, and NawaCares is not responsible for any privacy practices or other actions of third-party sites or services enabled in the service. Additionally, NawaCares is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements related to social network services. Therefore, NawaCares assumes no responsibility for any damages or losses claimed or incurred as a result of using or relying on any such social network services. The inclusion of these features is provided for convenience only, and integration or inclusion of these features does not imply endorsement or recommendation.

11. Warranty, Indemnification, and Liability

11.1. Indemnification and Release

You agree to protect, indemnify, and hold harmless NawaCares and its affiliated companies, as well as their officers, employees, directors, and agents (collectively referred to as the “Protected Parties”), from and against any losses, damages, expenses (including reasonable legal fees), rights, claims, lawsuits, or any other form of action and harm (including death) arising out of or related to your use of the service, any user content, your connection to the service, your violation of these Terms of Service, or your infringement of the rights of others. Notwithstanding the foregoing, you are not obligated to indemnify or hold the Protected Parties harmless for any liability, losses, damages, or expenses incurred due to the actions or inactions of the Protected Parties.

11.2. No Guarantees

Your use of this service is entirely at your own risk. The service is provided on an “as-is” and “as-available” basis. NawaCares explicitly disclaims any warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, ownership, and non-infringement. NawaCares does not warrant that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the use of the service will result in accurate or reliable outcomes, or (iv) the quality of any products, services, information, or other materials purchased or obtained through the service will meet your expectations.

11.3. Limitation of Liability

You expressly understand and agree that NawaCares shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of goodwill, use, data, or other intangible losses (even if the company has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or any other reason, arising out of or in connection with: (i) the use or inability to use the service; (ii) the cost of purchase, acquisition, or receipt of any goods, data, information, or services purchased, obtained, or received through the service; (iii) unauthorized access or alteration of your transmissions or data; or (iv) any statements or conduct of any third party on the service.

12. General Conditions

12.1. Termination

You agree that NawaCares, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if NawaCares believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. NawaCares may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that NawaCares may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NawaCares will not be liable to you or any third party for any termination of your access to the Service.

12.2. User disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and NawaCares will have no liability or responsibility with respect thereto. NawaCares reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

12.3. Entire agreement

These Terms of Service constitute the entire agreement between you and NawaCares and govern your use of the Service, superseding any prior agreements between you and NawaCares with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.

13. Your Privacy

At NawaCares, we respect user privacy. For detailed information, please refer to our Privacy Policy. By using this service, you agree to the collection and use of personal data as outlined in the Privacy Policy.

14. Contact Us

Our service and business may undergo periodic changes. Therefore, we reserve the right to update or modify this User Agreement at any time, without prior notice. We encourage you to regularly review this page for the latest information on our privacy practices.

Please contact us at info@nawacares.com to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.

Last updated: Nov 10, 2023.