2. App User Accounts
The Lucero Speaks’ App is designed to help teens and tweens find sanctuary and experience a journey of self-discovery (we call this an “Exploration”) and to permit a Teen, Tween or Caregiver of a Tween to share progress of that Teen or Tween with any Explorer within that youth’s online group (“Crew”). We currently offer accounts to the following types of individuals that use the App (each an “App User”):
A Tween, Teen, or Caregiver Explorer accounts will be linked to a Crew through invitation by a Crew Captain (and acceptance by the Tween, Teen, or Caregiver). A Teen, Tween, or Caregiver Explorer may or may not be linked to a Crew, as elected by that Teen, Tween, or Caregiver Explorer. With respect to Tweens only, any parent or other legal guardian of a Tween, whether or not that person is an Explorer, must approve a Tween creating an account, using the App, and creating or joining a Crew. A Tween’s parents or legal guardians can request access to the information in that Tween’s account.
3. Using the App
4. User Representations
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
5. Prohibited Uses
By using the App, you agree that you will not conduct, participate or otherwise engage in or conspire to engage in fraudulent, abusive, or otherwise illegal activity and that any such activity will be grounds for termination of your right to access or use the App. Hacking or harming the App is prohibited. Specifically, you agree that you will not
(i) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other App User, including by attempting to trick, defraud, or mislead us and other App Users;
(ii) use the App to circumvent, disable or other interfere with computer or network security features of the App (including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein), transfer or store illegal material (including threatening or obscene material), or engage in any kind of illegal activity;
(iii) disparage, tarnish, or otherwise harm, in our opinion, us and/or the App;
(iv) use any information obtained from the App in order to harass, abuse, or harm another person;
(v) make improper use of our support services or submit false reports of abuse or misconduct.
(vi) use any automated or non-automated system, including but not limited to “spiders,” “robots,” “offline readers,” “scrapers,” etc., to copy, distribute, disclose, or access the App, interfere with the proper working of the App or place an unreasonable load on the App’ infrastructure;
(vii) run or activate any form of auto-responder or “spam” on the App;
(viii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
(ix) attempt to interfere with or decipher any transmissions to or from the servers running the App;
(x) upload or transmit (or attempt to upload or to transmit) any malicious software agents through the App, including viruses, Trojan horses, or other material such as excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;
(xi) use the App for any commercial solicitation purposes;
(xii) interfere with the proper working of the App;
(xiii) bypass the measures used by Lucero Speaks to prevent or restrict access to the App;
(xiv) access or use the App for any purpose other than that for which we make the App available;
(xv) systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(xvi) delete the copyright or other proprietary rights notice from any Content;
(xvii) attempt to impersonate another user or person or use the username of another user;
(xviii) harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you;
(xx) make any unauthorized use of the App, including collecting usernames and/or email addresses of App Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
6. Acceptable Use and Conduct
You agree to adhere to the following rules when using the App:
(i) You will not use the App to violate a person’s right to privacy or otherwise collect, use, or disclose data, including personal information, about other users without their consent or for unlawful purposes.
(ii) You will not bully, intimidate, or harass, any App User or use the App in any manner that is threatening, abusive, violent, or harmful to any person or entity.
(iii) You will not use the App in any way to upload, post, transmit, email or otherwise distribute content that: is hate speech, discriminating, defamatory, threatening, pornographic or otherwise obscene; incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by us.
(iv) You will not impersonate a Lucero Speaks employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
(v) You will not use the App in a manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the App, including any App User Content (as defined below), that violates child welfare laws, pornography laws, or sexual exploitation laws.
You acknowledge and agree that your violation of any of these conditions, at Lucero Speaks’ sole discretion, may result in the immediate suspension or termination of your account and your access to the App.
7. Fees, payment, and renewing subscriptions
a. Fees and payment
If there is a fee for all or some of the App, including a subscription to certain features of App, we may, in our sole discretion, change the fee to be charged for your next subscription period, provided we first notify you by email in accordance with applicable law. Where the fee is for something other than a subscription, we will notify you in advance of any rate changes.
All fees are payable in accordance with the payment terms in effect when payment is due. We may offer some promotional trials or time-limited discounts or offers for certain App features or App Users from time to time. If you sign up or register through a trial, promotional, or discount event, your rights of use will be subject to and limited by the terms of the trial, promotion, or discount offer and will terminate or renew in accordance with the terms of the offer or any additional terms communicated related to the trial, promotion, or discount offer. If you do not pay fees applicable to the App you may not use or access those paid App features. Unless otherwise expressly stated in the policies applicable to the App, any fees paid for App are non-refundable, to the fullest extent permitted by law.
Where the App has a fee, you must use either a credit card or other acceptable or approved payment method (such as through a third-party app store, when you purchase the App through our app) to activate and maintain that App. You will be responsible for the fees and all applicable taxes for any App ordered. If we do not receive payment from your credit card or payment method, you agree to pay all amounts due hereunder upon demand and will be solely responsible for any dispute with your payment provider. Should your credit card or payment method be denied, we reserve the right to recharge the credit card or payment method for any outstanding amounts. You will not be charged more than the amount of the fees for the App(s) you have purchased.
Note, Lucero Speaks does NOT directly store credit card information – all credit card information and transactions are stored by third-party payment providers that process payments on our behalf. You agree in the event one of our payment processors experiences a data breach affecting your information through no fault of Lucero Speaks, Lucero Speaks will in no way be responsible or liable to you for any such breach.
b. Subscription and renewal
By purchasing a subscription, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, if and when applicable. When applicable, your subscription will automatically renew unless you cancel your account prior to the renewal date through the procedures described in the “Subscription Cancellation” section below. We will charge your credit card (or the other method of payment initially used by you) each year, month or other applicable period (depending on the payment term that you selected) for the then-current applicable price. You authorize us to charge you through the credit card or other acceptable or approved payment method that you used when subscribing to the App.
c. Subscription cancellation
You may cancel your subscription and avoid future billing online via your Teen, Caregiver or Other Adult Explorer account, by contacting our customer support team at the contact information below, or, if you purchased your subscription through a third-party app store, through the respective app store settings. If you do so, we will endeavor to close your account as soon as possible; regardless, we will not charge you for another subscription period if you cancel your subscription prior to its renewal date.
For all accounts, you will continue to have access to your account for the period of time that has already been prepaid. After you cancel your account, we will not charge you any subscription fees after the expiration of your then-current subscription period. In any event, you will be able to continue to use the App throughout the remainder of the subscription period for which you have already paid. You will also be able to continue to use the parts of the App that do not require a paid subscription.
8. Apple and Android Devices
9. Lucero Speaks Content and Intellectual Property Rights
We will not, under any circumstances, be liable in any way for any Lucero Speaks Content, including, but not limited to, any errors or omissions in any Lucero Speaks Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Lucero Speaks Content posted, emailed, accessed, transmitted, or otherwise made available via the App.
While not currently available in the App, in the future while using the App, you and other App Users may provide content to us, excluding App User personally identifying information, which may be used by Lucero Speaks to help support and provide the App (“App User Content”). For Lucero Speaks to provide the App, you hereby grant to Lucero Speaks a limited, non-exclusive, sublicensable, worldwide, royalty-free, and transferable right and license to, whether the App User Content is in storage or in transit: (i) use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works from (such as changes we make so your App User Content functions appropriately with the App) such App User Content; (ii) create, use, and disclose metrics and analytics regarding App User Content; and (iii) process App User Content to improve the App, develop products, engage in research, provide personally relevant services, or other lawful purposes. By providing App User Content, you represent and warrant that (i) you own or have the necessary rights to provide the App User Content; (ii) you have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the App User Content; (iii) you waive your moral rights in the App User Content, and (iv) all App User Content complies with applicable laws and regulations.
You understand all information transmitted through the App is the sole responsibility of the App User from which such content originated and Lucero Speaks is not and cannot be held liable for errors or omissions in any App User Content. Lucero Speaks cannot guarantee the authenticity of data which App Users may provide about themselves. You acknowledge all Lucero Speaks Content accessed while using the App is at your own risk and you are solely responsible for any damage or loss to any party resulting therefrom. App Users acknowledge that we reserve the right but is not obligated to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any App User Content through or on the App in whole or in part any time for any or no reason without notice and without liability of any kind.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App (“Feedback“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback are original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
11. Wellness Treatment Disclaimer
This App is intended to be a wellness exploration and journey, and not intended to serve as or replace treatment. If you have any concerns or questions about your health (if you are a Teen or Tween), or if you are a Caregiver, your child’s health including mental health, you should always consult with a health-care professional. Do not disregard, avoid, or delay obtaining medical or mental health-related advice from your health-care professional because of this App.
13. App Management
We may present contextual references to, or advertisements for, our paid membership options to App Users while they are using the App, including Teen or Tween Explorers when playing the Lucero Speaks game.
These advertisements are first-party and contextual: that is, advertisements are only for Lucero Speaks’ App, and the same advertisement is delivered to similarly situated Caregiverss, or to Teen or Tween Explorers based on their progress in the Lucero Speaks Exploration or on similar factors that apply to all Teen or Tween or Caregiver Explorers. Lucero Speaks does not use personal information collected from Caregiver, Teen or Tween Explorers to individually target this advertising, and does not allow third-party targeted advertising providers to place cookies on or collect information from the Lucero Speaks game or other areas of the App directed to Teen or Tween Explorers.
15. Third Party Apps
16. Governing law
17. Dispute Resolution; Informal Negotiations; Binding Arbitration; Class Action Waiver
This provision allows us to promptly and efficiently resolve any dispute that may arise between us.
a. Informal Negotiations
b. Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. WITH ARBITRATION, THERE IS NO JUDGE OR JURY; THE ARBITRATION PROCEEDINGS AND ARBITRATION ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Austin, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
c. Small Claims Matters Are Excluded.
As an exception to binding arbitration, you and Lucero Speaks both retain the right to pursue, in a small claims court, any Dispute that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. We will not demand arbitration in connection with any individual Dispute that you properly file and pursue in a small claims court, so long as the Dispute is pending only in that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
e. Exceptions to Informal Negotiations and Arbitration
f. Timing of Claim.
h. Survival of Arbitration Agreement.
18. Corrections; Modifications and Interruptions
There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
20. Warranty Disclaimer
You acknowledge that Lucero Speaks has no control over, and no duty to take any action regarding: which users gain access to the App; what Lucero Speaks Content you access via the App; how you may interpret or use the Lucero Speaks Content or the App; or what actions you may take as a result of having been exposed to the Lucero Speaks Content. Lucero Speaks cannot guarantee the security and safety of the App given the nature of the Internet and the persistence of bad actors. You hereby release Lucero Speaks from all claims, damages, losses or liabilities related to your use of the App or the Lucero Speaks Content.
THE APPLICATION AND LUCERO SPEAKS CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
OTHER THAN AS EXPRESSLY STATED IN WRITING, LUCERO SPEAKS MAKES NO REPRESENTATION OR WARRANTY THE APPLICATION (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE TO YOUR LIKING; (2) WILL BE TIMELY, ACCURATE, FREE FROM ERRORS OR LOSS, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (3) WILL BE CORRECTED, REPAIRED OR OTHERWISE RESTORED FOR ANY DEFECTS OR ERRORS THAT OCCUR – SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED.
21. App User Data
We will maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. Limitation of Liability
WHERE A JURISDICTION DOES NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
24. Electronic Communications, Transactions, And Signatures
Using the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. California Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer App of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
If you have any questions, complaints, or claims with respect to the App, you may contact us at email@example.com , or by mail at Legal at Lucero Speaks, 501 Congress Avenue,
Suite 150, Austin, TX 7870.
Last Modified Date: November 25, 2022