Date of Last Revision: February 8th 2024.
We know that most people skim terms of service at best because they’re full of legalese and jargon, but we have done our best to make this easy to understand. In each section, we will summarise the most important takeaways, but these summaries are not legally binding, so please read the full version of the text for the details.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
To summarise: by joining The Heroes Program you agree to these terms.
These terms of service cover The Heroes Program, and they apply to all users who participate in The Heroes Program provided through our website(s) located at www.bearable.app (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”). “We,” “our” or “us” refers to Bearable Ltd and our subsidiaries. The Heroes Program comprises both the membership program that people subscribe to in order to become Heroes, and also the program that grants sponsored Premium memberships. “The Heroes Program,” “Heroes,” “The Heroes,” “Bearable Heroes,” or “The Program” refers to this program and the related services offered by us. By using Heroes you agree to these terms and to the other policies we post, including without limitation our Terms of Service and the policies listed below. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Bearable Privacy Policy, as well as our Cookie Policy, The Bearable Heroes Privacy Policy, and the Example of Official Rules for Heroes Drawings. We can collect and use your information in accordance with those policies.
To summarise: You must be at least 16 years old to register for an account and participate in The Heroes. You are responsible for your account.
When you create an account or participate in The Heroes you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account you must be at least 16 years old. To become a Hero in The Heroes Program, or receive a sponsored Premium membership from The Program, you must be at least 18 years old or have your parent’s permission. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us at support@bearable.app immediately if you believe your account is compromised.
To summarise: Be responsible and do not violate our policies.
You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our site or The Program in a technical way. These policies cover most issues, but if you find a new and creative way to hurt The Heroes Program or our community we may take action to prevent it.
To summarise: A Hero is someone who purchases memberships in The Heroes Program to receive the associated benefits. Through a membership, Heroes can contribute to our mission to help everyone feel happier and more supported each day.
As a member of The Heroes Program, you’re part of a group of kind people who want to give back to the community and support our mission to help everyone feel happier and more supported each day. Your membership also includes special benefits, which may include access to our team, exclusivity, gifts, and other perks. In exchange, you pay us for membership programs, via a one-off in-app purchase, to receive the associated benefits.
The timing and amount of each membership that you purchase depends on the type of membership agreement you enter into. You can see the details as you join The Program and on The Heroes FAQ.
To become a Hero, simply select your preferred membership, and complete the checkout process in the Bearable app. We use the Google Play Store and the Apple App Store to store and manage your payment and related membership details.
Cancelling or requesting a refund for the membership you’ve purchased may result in the termination of anyone you’ve sponsored and any related benefits associated with the membership you’ve purchased. Please see The Heroes FAQ for more details.
The prices for the membership you purchase are quoted in the App and include value added tax. Prices for the membership you purchase may differ based on the jurisdiction you are purchasing from.
Refunds. Our standard policy is to offer refunds within 30 days of the initial purchase/payment, though we will allow for exceptions where refunds are granted at our sole discretion. It is important to us that you only become a member of The Program when you can afford to do so. Please do not become a Hero if it would cause you any financial hardship. Please contact support@bearable.app if you need to discuss a refund.
To summarise: anyone who uses our apps and who is not already a Premium member may be eligible to receive a free sponsored Premium membership. The method of granting free Premium sponsored memberships may change over time. And there may be restrictions and tax implications depending on your jurisdiction.
We developed The Program with the intent of free sponsored Premium memberships going to individuals who could benefit from it but could otherwise not afford it. But we do not have the ability to determine whether or not this is the case for any given eligible individual.
The method of distributing the sponsored Premium memberships may change over time, and also to be in accordance with all local laws and regulations. Please refer to The Heroes FAQ for the current method of distribution.
Depending on your jurisdiction, there may be implications for receiving a free sponsored Premium membership. You are solely accountable for adhering to your local laws and regulations should you accept a free sponsored Premium membership.
Your free sponsored Premium membership will expire at a given date that will be provided to you on receipt of the membership. On expiration, you will have options to continue your Premium membership.
Account deletion
To summarise: You can email us at support@bearable.app to delete any personal data we have associated with your membership. We can end your membership in The Program at our discretion.
You can permanently delete any personal data you have shared with us for your membership in The Program that we store at any time by emailing support@bearable.app We can terminate or suspend your membership and account at any time at our discretion. We can also cancel any memberships and remove any descriptions, posts or benefits at our discretion. You may not bring a claim against us for suspending or terminating another person’s account or membership, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. These terms remain in effect even if you no longer have an account, and these terms remain in effect even if you no longer have a membership.
To summarise: You can use our copyrights or trademarks to promote The Heroes Program, but you cannot use them for anything else without our permission.
Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote The Heroes Program and us. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please email us at support@bearable.app if you have any questions.
To summarise: If we are sued because of your use of or conduct related to The Heroes Program, you have to help pay for it.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of The Heroes Program. We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.
To summarise: We do our best to make sure The Heroes Program works as expected, but stuff happens.
The Heroes Program is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third-party service providers.
To summarise: If you lose money as a result of using The Heroes Program, any payment to you is limited to the amount of money we have earned through your use of The Heroes Program.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of The Heroes Program. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of The Heroes Program. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.
To summarise: If you have a problem please talk to us.
Any disputes with us must be resolved under the requirements of the UK Arbitration Act an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland under UK law. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
Notice for California Users
To summarize: This is a notice to users in California to inform them of how they can contact the California Department of Consumer Affairs or us with any complaints.
Under California Civil Code Section 1789.3, users of the Program from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [dca@dca.ca.gov](mailto:dca@dca.ca.gov); (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Bearable Ltd. Highclere House, 180 Main Road, Biggin Hill, England, TN16 3BB or at support@bearable.app
To summarize: These terms are the final word on The Heroes Program policies and we will tell you if we change them.
These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future. We may sometimes make changes to these terms and policies. You may read a current, effective copy of these terms of service by visiting the “Heroes Terms of Service” link on the Site. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use The Heroes Program after a change means you accept the new terms or policies. These terms are an agreement with Bearable Ltd, Highclere House, 180 Main Road, Biggin Hill, England, TN16 3BB. If you use accessibility tools and have questions or concerns, please contact us at support@bearable.app
These Terms of Service are governed by the laws of England and Wales.
Use your phone’s camera to scan and download the Bearable app. Available on iOS and Android devices.
Become the architect of your health.
