By using or accessing the JOYSY mobile application or JOYSY.app website or using the service made available by JOYSY (the “Service”) you agree to be bound by these terms of use (“Terms of Use”). The Service is owned and provided to you by HEALTHSOUP LLC, an Ohio limited liability company (“HEALTHSOUP”). THESE TERMS OF USE CREATE LEGAL RIGHTS AND RESPONSIBILITIES BETWEEN YOU AND HEALTHSOUP. IF YOU DO NOT AGREE TO BE BOUND THESE TERMS OF USE, DO NOT USE OR ACCESS THE SERVICE.
The Service enables users to do guided deep breathing exercises. It also enables users to create their own custom exercises. It includes audio guides to help users learn deep breathing techniques. It also provides statistics and insights on the user's deep breathing activity.
The advice found on JOYSY should not replace consultation with a health care professional. Content on JOYSY is for informational purposes only. Nothing contained in this app or site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services provided on this app are here to educate users on deep breathing topics that may affect their daily lives. These sites and their services do not constitute the practice of any health care advice, diagnosis or treatment.
Seek the advice of a qualified health care provider for any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on JOYSY. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911.
Copyright Violations. JOYSY respects the intellectual property rights of others and expects users to do the same. It is JOYSY’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), JOYSY will respond as soon as possible to claims of copyright infringement committed using the Service that are reported using JOYSY’s “contact support” procedure (accessed within the Service). If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following the “contact support” procedure within the Service. Upon receipt of the report as described below, JOYSY will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Service.
In accordance with the DMCA, your report should (a) identify the copyrighted work that you claim has been infringed.; (b) identify: (i) the material that you claim is infringing and that is to be removed (or access to which is to be disabled) and information reasonably sufficient to allow JOYSY to locate the material, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the JOYSY.APP website or APP where such reference or link may be found; (c) provide your mailing address, telephone number, and, if available, email address; (d) provide your full legal name and electronic signature; and (e) include or acknowledge both of the following statements in the body of the notice:
Privacy. Except as otherwise set forth in JOYSY’s Privacy Policy (available from the html link on the main page of the JOYSY.app website), User Content posted to the Service will be non-confidential and non-proprietary. JOYSY will not be liable or responsible for any use or disclosure of User Content. You acknowledge and agree that your relationship with JOYSY is not a confidential, fiduciary, agency, or other type of special relationship (whether or not you use the “support me” feature or any other features of the Service). You further acknowledge that your decision to submit User Content to the Service does not place JOYSY in a position that is any different from the position held by members of the general public. None of your User Content will be subject to any obligation of confidence on the party of JOYSY, and JOYSY shall not be liable for disclosure of the User Content you provide.
Posting private and confidential information to the Service is a violation of these Terms of Use. Private and confidential information includes, but is not limited to: credit card information, social security or alternate national identity numbers, private address or location information, non-public phone numbers, and non-public email addresses. Though you may believe certain information is private, not all content of this type is in violation of these Terms of Use. If someone has posted your private information on the Service, JOYSY suggests communicating directly with that person to ask that they remove it. If they refuse to delete the content using their account log-in credentials, you can report it to JOYSY using the “customer support” dialogue on the Service. If someone requests that you remove their private information, we ask that you respect their privacy and remove the content before your account is reported to us.
You acknowledge that JOYSY cannot remove private information that's posted publicly somewhere other than the Service. Additionally, we can only take action on private information if it is associated with the person reporting it, or we must receive documentation that the reporter is authorized to act on behalf of the person whose private information has been posted. If you believe a photo violates your privacy rights, you can report it to us. JOYSY will remove photos that you report as unauthorized if such removal is required by relevant privacy laws in your jurisdiction or these Terms of Use, as long as the reported content involves you, your child (under 13) or another person for whom you're the legal representative or guardian. Photos involving anyone else will need to be reported by the individual subject of the photo.
The Service, together with all included content, are provided on an “as is”, “as available” and “with all faults” basis without any representation, warranty or endorsement of any kind, whether express or implied. HEALTHSOUP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES AND INTEGRATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SERVICE, HEALTHSOUP CONTENT, THIRD PARTY CONTENT, USER CONTENT OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HEALTHSOUP OR TO THE SERVICE.
HEALTHSOUP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE.
HEALTHSOUP's TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY USER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HEALTHSOUP shall not be liable to User or any third party for: (i) any Losses that User may suffer arising out of the use of, the inability to use, interruptions to, impairments to, or loss of use of any Services; (ii) any loss, failure, corruption, or inaccuracy of data or communications, including those related to User Data; (iii) any Losses related to User Data; (iv) interoperability, or lack thereof, of specific User applications or software; (v) Losses arising from any unauthorized access to User Data; (vi) any Losses related to damage to personal property or personal injury or death; or (vii) the cost of procurement of substitute goods, services, or technology.
Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You agree to indemnify, defend and hold HEALTHSOUP, together with its directors, managers, officers, employees, agents and permitted assigns harmless from and against any claims, liabilities, losses, expenses (including attorney’s fees and costs), or damages of any other kind or nature, arising out of or connected with, as a result of your use or benefit from the Service: (i) User Content you submit to the Service; (ii) your access to and use of the Service; (iii) your breach or alleged breach of these Terms of Use; (iv) your violation of any third-party intellectual property, privacy or other, rights; (v) your violation of any laws, regulations, rules, or governmental orders; or (vi) any misrepresentation made by you. You will cooperate as fully required by HEALTHSOUP in the defense of any claim.
These Terms of Use shall be governed by the laws of the State of Ohio, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court located in Franklin County, Ohio for any claim arising out of your use of the Services.
Updated: July 25, 2022