Acceptance of Terms and Conditions of use
“I Am Better” is a service provided by a mobile application or “App” and by a web portal with the same name, which helps interested people named users to organize their time and effort in a better way, by providing them with useful and effective tools for their life, job, tasks and activities to do, as well as helping them to reinforce the creation of repetitive habits. It also sets reminders and tracks users achievements, tasks and activities. Indeed, it provides information by using statistics and graphs that allow the user to have a better understanding of the distribution of their time, performance, focus and effort, and to make the necessary adjustments to be more efficient.
Among the main features of the application is the implementation of categories and subcategories of organization, task log, presentation of performance in statistics and graphs for better understanding, schedule contextual reminders, take notes, among many others.
Before registering as a user in the “I Am Better” App and website and being able to use our products either on site or by downloading the application in authorized virtual stores, you must read and accept the following terms and conditions, which will govern the business relationship between “I Am Better” and you.
First: Privacy Notice
You declare that you have previously read our privacy notice. Therefore, you declare to be fully informed and expressly accept the content of this privacy notice.
1.1 In order to use the “I Am Better” website, you must create an account in “I Am Better” with your personal data, including your full name, cell phone, email, country, identity number, date of birth and sex, among others.
1.2 You, as the owner of your personal data, will be responsible for the accuracy and veracity of the data entered and you consciously authorize that “I Am Better” may verify them.
1.3 “I Am Better” will be responsible for the processing of personal data and for all purposes it is indicated as the domicile the city of Nuevo Cuscatlán, La Libertad, El Salvador and email iambetterapk@gmail.com
1.4 Personal data will be used only for lawful purposes in relation to the commercial purpose of “I Am Better”, such as, but not limited to, the order and purchase processes in the app.
You, the user, authorize to “I Am Better” to share with third parties your personal data entered and the information of all kinds generated by the use of the software, with the aim of integrating advertising of services, promotions and recommendations of products and services that may be of your interest.
1.5 “I Am Better” will use its best efforts to handle the security, technical and organizational measures that are necessary to provide security to your personal data, avoiding its adulteration, loss, consultation, use or unauthorized or fraudulent access.
1.6 “I Am Better” reserves the right to make modifications to the terms and conditions of use of the software, for which it will send an email, a text message and / or notification through the application in order to notify you such modifications. The user who continues using the products and services tacitly accepts the content of the terms and conditions.
1.7 Customers can request data deletion in Contact Developer option, in the app settings
Second: Limitation of Responsibility
2.1 “I Am Better” will not assume responsibility for damages and / or losses due to manipulation made by third parties who access the network in an unauthorized way, despite the prevention measures implemented on the web portal by “I Am Better”. Consequently, the user of “I Am Better” web portal will be the only responsible for the security of access to his/her account.
2.2 The purchase is considered entered once the user has placed the order and pressed the Finish Purchase button. It will be processed only when the payment made by the user has been confirmed, either by means of a credit card, debit card, electronic wallet or in cash at an authorized “I Am Better” point.
2.3 “I Am Better” is not responsible for damages and / or losses caused by application failures, notifications not received due to lack of connectivity, misconfiguration, misinterpretations, alarm errors or not knowing the application. This is a list of some scenarios, but it is not limited to only them.
2.4 “I Am Better” is not responsible for any damage or harm caused by the use of the free application whose purpose is to help people. In the cases of paid subscriptions, the maximum commitment or compensation of any type of claim or accusation is the return of the same amount paid for the subscription.
“I Am Better” reserves the right to cancel any order that goes against the security filters required for their approval.
2.5 “I Am Better” is not responsible under any reason, situation or circumstance for non-compliance of the tasks, activities, events, and any other actions self-assigned by users through the mobile application and / or web portal of “I Am Better”.
2.6 “I Am Better” and its licensors will not be responsible before the user and / or third parties under any circumstances or reason of any type, for any indirect, incidental or circumstantial damage of any kind, including but not limited to interruptions by other software, device damage, loss of personal, commercial and / or financial data.
2.7 The user is the only responsible for saving passwords and all activity carried out on his/her account. The user is also obligated to inform “I Am Better” if he/she becomes aware of any security breach or unauthorized use of his/her account.
2.8 In general, under no circumstances “I Am Better”, its shareholders, directors, executives, employees or licensors will be responsible (individually or collectively) before the user for personal injury or for any special, incidental, indirect or any other damage that may be related to the use of the Software, either emerging or loss of profit or any other type of damage or loss, whether could be warned or not of the possibility of damage and any responsibility that may come with the use of the application and the characteristics or functionalities of the service provided through it.
Third: Ownership of the Software
The computer program or "software" and all its versions, modifications, addenda, improvements, derivations of it, text, scripts, graphics, photos, sounds, music, videos, interactive functions and similar elements, and as well as registered trademarks, trademarks of the service and logos contained therein are property of “I Am Better” and / or its licensors, and are protected by laws and international treaties about intellectual property, with the exception of information entered by the user.
The use of the Software through a free use license or in its paid version that allows access to the improvements of the platform, does not mean the transfer of intellectual property under any circumstance.
Fourth: Third Party Software
Third party software which can be integrated (for instance calendar, clock, locations) with the software of “I Am Better”, is available for the user. Such third-party software is provided under their own terms and conditions of use, and if they are not available, the third-party software is provided as it is. “I Am Better” is not responsible for any loss or damage that may occur for the use of any third party software.
Fifth: Software use license and restrictions
With the acceptance of the terms and conditions expressed herein, and subject to its faithful compliance, “I Am Better” grants to the user a limited, non-exclusive, non-transferable and not sub-licensable license (both in the free and paid versions) for the installation and use of Software on any device of his/her property, with the only purpose of accessing, operating and using the functions and options included in it.
“I Am Better” reserves the right to update the software when it deems appropriate, with or without prior notification to the user. “I Am Better” can notify the user through patch processes, email, posts on its website, or updates available for download.
The user cannot: I) copy, modify, translate, decompile, disassemble or apply reverse engineer to the Software, or create any software derived from or based on it. II) Install the Software on a server to make it accessible through a public network. III) Share or allow the use of the Software to other individuals or entities, as well as rent it under any concept, or transfer the Software or the licenses granted, IV) eliminate or modify any attribution, legal notices, or any other designation in the entire Software or any of its parts. V) Create, change, modify or alter another website that imitates “I Am Better” and that may mislead the public and / or that implies some type of association between “I Am Better” and a third party with whom it really has no relation of any type. In general, any non-compliance of the aforementioned will cause the immediate and automatic termination of the license to use the Software, without prejudice to the actions that “I Am Better” may exercise against the user in judicial or arbitration instances.
Sixth: Obligations of the users
The User agrees to:
I. Not to collect data from the software and generated by the Software, for commercial purposes or contrary to the law, such as the decoding of the software, alterations, modifications, reverse engineering or development of other computer programs based on it.
II. Do not attempt to gain unauthorized access to the “I Am Better” operating systems or carry out an activity that disrupts, lowers the quality, interferes with the performance of the Application, or deteriorates the functionality of the service of the software.
Seventh: Media
The user expressly accepts that the authorized media with “I Am Better” are email, text message and / or notification. The user consciously accepts that “I Am Better” may contact him/her at any time for all the purposes of the commercial purpose of “I Am Better”, by email, text message and / or notification. Therefore, any contract, communication, notice or notification that is sent by electronic means established herein, satisfy any requirement about writing established by law.
Eighth: Information about the service
“I Am Better” will make its best efforts to comply with the duty of information in order to provide the user with timely, clear, truthful, adequate and sufficient information on the essential characteristics of the good or service that is available on its website. Notwithstanding the foregoing, “I Am Better” declares and the user acknowledges and accepts that it is not the manufacturer of the products that are advertised, promoted or suggested within the app or its software. Consequently, “I Am Better” does not assume responsibility and warns the user that he/she must read the contents and indications of the advertised good or service and must be acquired under his own responsibility.
Ninth: Payment methods
All purchase transactions at “I Am Better” will be carried out in United States dollars. The accepted forms of payment are: cash at points of sale authorized by “I Am Better”, electronic wallet and national and international credit / debit cards, issued by any Bank. “I Am Better” reserves the right to modify its forms of payment and to notify them through an update and subsequent publication of these terms and conditions.
Transactions made through “I Am Better” are verified online at the time of purchase, so it is the user's responsibility to review the information entered in the “I Am Better” web portal so that their transaction is successful. “I Am Better” is not responsible for failed transactions due to incorrect information or rejected credit / debit cards. Payments will be made through electronic payment gateways owned by Apple Inc. and Google, LLC. They will be charged to the iCloud, iTunes, Google, or any other account registered in the device after confirmation of the purchase.
The Subscription is automatically renewed on the last day of the subscription, unless the option is deactivated at least 24 hours before the end of the active period at that time. The account registered in the device will be automatically charged within 24 hours before the end of the active period at that time.
Tenth: Paid Subscriptions
The time, price and benefits of the subscription will depend on the modality that the client chooses at the time of registration and purchase. The prices, promotions, benefits or terms may vary according to the commercial offer of “I Am Better” without the user having the right to reimbursements for discount promotions or changes in the offer.
With the subscription, the user's account goes from being a free account to a Premium account. The confirmation will have a maximum period of 24 hours.
“I Am Better” reserves the right to use any compensation method that the company deems more convenient without the foregoing being the object of opposition, complaint or denunciation by the final user in the event of any claim. Refunds are at the discretion of the “I Am Better” team and will be handled on an individual basis.
Once the user has made his/her payment and the order has been processed, the user will be able to confirm his/her order through his/her “I Am Better” account from the website and / or mobile application. In case of not receiving the subscription confirmation within the agreed period, the user must contact “I Am Better” pointing out this situation within a maximum period of 7 days from the receipt of the notification that their order was made successfully.
Once the client receives an electronic message indicating that his/her subscription is already available, the user will be able to use the services.
The user accepts that automatic charges will be made from the moment he/she converts his account to a Premium account, on a monthly or annual basis depending on the payment method selected by the user, until the cancellation of the subscription. The user can cancel the frequent payments at any time, in which case, their Premium account will remain active for the remaining period of the last paid installment. Delay in payment may result in loss of access to functions inherent to the Premium account.
Eleventh: Prices and Taxes
“I Am Better” declares that the determination of prices is made in strict compliance with the legal and regulatory standards in force in the country, especially those related to price regulation, allowed profit margins or any other current or future regulations related to said prices, applicable at the time of making the offer and until the conclusion of the sale transaction.
The price displayed for paid subscriptions includes the total amount, which includes any tax, charge or fee levied on the product.
Any charge, rate or tax that is levied or falls on the products submitted for sale, as well as on the sales operations, such as the Sales Tax (ISV), Value Added Tax (VAT), will be borne exclusively by the user. This will be paid at the time the order is placed and will be reflected in a proof of purchase that will be delivered to the customer along with the product or service.
At the time of purchase, “I Am Better” will generate a document with the information of the transaction in relation to the price, validity and benefits.
Twelfth: About the guarantee
The User expressly agrees that the use of the Software owned by “I Am Better”, and the services and tools that it provides, will take place exclusively under his/her responsibility. The service and tools provided through the Software of “I Am Better” is without any guarantee as it is available at the time of consultation. In that order of ideas, “I Am Better”, its representatives, directors, employees, and agents are released from all warranties, expressed or implied, in connection with the Software and its content.
“I Am Better” does not guarantee or represent the certainty, accuracy or timeliness of the content entered by the user and generated by the use of the Software or the use of the websites or services accessed through the links in the APP and the Software website, and assumes no responsibility for (a) mistakes and inaccuracies of the information, (b) personal injury, damage to property, or damage of any type resulting from access and / or use of the Software (c) unauthorized access and / or use of our servers and / or any personal and / or financial information stored therein (d) any interruption or cessation of transmission from or to the Software App and website (v) any failure, virus, Trojan horse or similar that may be transmitted from or through our Application by a third party. “I Am Better” does not guarantee, endorse, or assume responsibility for any product or service advertised or offered by a third party through the Software or the sites to which the user accesses through the links provided by other users in the Application.
Thirteenth: Right of revocation of acceptance
The user has the right to revoke the acceptance of the purchase made through “I Am Better” during a period of seven (7) business days, counted from the date on which the confirmation of the service is received. The user must explain the reason for rejecting the subscription. In the event that the user exercises this right, “I Am Better” will restore the amounts paid through the same payment method that the client used, unless expressly agreed by other means, within a maximum period of thirty (30) business days counted from the date on which the revocation is notified.
“I Am Better” is not responsible in the event that the issuer of the credit or debit card or means of payment used has not made the respective credit into the account upon expiration of the term established herein.
Fourteenth: Refunds
In the event that the user who has made his purchase by credit / debit card and requests revocation of the purchase, this must be done as set out in the previous article. For its part, “I Am Better” will make the reversion to the same payment method, as long as it proceeds.
The reimbursement time is thirty (30) business days, from the confirmation of the client's data, with the exception when the user exercises his right of revocation. Once made, the refund will be reflected in his/her account. Refunds will only be made to the cardholder or user of the payment account used.
Fifteenth: Modification to Terms and Conditions
“I Am Better” reserves the right to make the necessary modifications to these terms and conditions of use at any time, which will be promptly informed through the media established in this document. The user will have the right to reject the new terms and conditions by canceling his account. The user who continues using the products, tacitly accepts the content of the terms and conditions.
Sixteenth: Assignment of Rights and Obligations.
These terms and conditions, and all the rights and licenses granted in this contract and in the online tool cannot be assigned by the user. Therefore, the user is prohibited from assigning or transferring, in whole or in part this contract, the facilities or any of the rights derived from it, without the prior authorization granted in writing by “I Am Better”.
For its part, “I Am Better” may assign all or part of its rights derived from this contract, without the user´s authorization, in favor of any of its subsidiaries and affiliates, national or foreign, for which “I Am Better” does not have the obligation to notify in advance.
Seventeenth: Customer Service
Because it is an online service, “I Am Better” has a customer service through the email iambetterapk@gmail.com or through the “I Am Better” application in the help bar, in which any questions, claim or user management will be channeled.
Eighteenth: Applicable Law
These conditions will be governed, interpreted and executed in accordance with the laws of the Republic of El Salvador. Both parties agree that they will do everything possible to reach an amicable solution to all disputes relating to the interpretation, non-compliance, disagreement of any type, termination or invalidity of these terms and conditions, for which they will have a maximum period of time of thirty calendar days, counted from the reception by one of them of the request for an amicable solution, presented by the other, unless they agree to extend the said term by mutual agreement.
In case of not reaching an amicable agreement within this period, they must be subject to an arbitration in law, this arbitration will be AD HOC in accordance with the provisions of Articles 47 and following of the Mediation, Conciliation and Arbitration Law of El Salvador, in accordance with the following conditions: A) the place of arbitration will be the city of San Salvador, Republic of El Salvador, where the arbitration sessions, hearings and any other arbitration procedure will be held; B) the arbitrators will be by law; C) The number of arbitrators will be three and the language to be used will be English and Spanish simultaneously; D) The arbitrators will be appointed by the parties, but if they do not agree within a period of no more than fifteen days, the arbitrators will be appointed by the Mediation and Arbitration Center of the Chamber of Commerce and Industry of El Salvador; E) The total costs of the arbitration will be covered in equal parts; F) If the arbitrators do not agree unanimously for the resolution of the conflict, it will be resolved by majority; G) the Arbitration Award will be based on the positive law in force in El Salvador and; H) The arbitration decision will not admit appeal. The validity, interpretation and execution of this Contract will be controlled and interpreted in accordance with the laws of the Republic of El Salvador.
Nineteenth: Miscellaneous
These terms and conditions of use constitute the only valid document that supports the agreement between the user and “I Am Better”.
The user agrees to be of legal age, to be in full use of reason and to be able to contract obligations such as the expressed herein.
The acceptance of “I Am Better” on the use of its Software by the user is made EXPRESSLY CONDITIONAL to the fulfillment of the terms and conditions read and accepted by the user. In the event of non-compliance, “I Am Better” reserves the right to carry out all the corresponding legal actions, and if they cannot be executed, the conduct that violates the terms and conditions contained herein should not be understood as endorsed.
By accepting these Conditions, the User understands and accepts that they may receive communications from “I Am Better”, including but not limited to notices, inquiries, surveys and / or notifications.
By clicking on the "accept" button, you unconditionally accept that you are bound and become one of the contractual parties in relation to the Terms and Conditions with "“I Am Better”". If you do not agree with all the Terms and Conditions set out here, click on the "cancel" button and the registration process will not continue.