Terms of use

These Terms of Use ("Terms") govern your access to and use of the North Start application, including its workbooks, journal, conversation cards and related features (together, the "Service").

The Service is provided by 10 8 City B.V., based in Amsterdam, the Netherlands ("North Start", "we", "us" or "our").

By accepting these Terms, you enter into an agreement with 10 8 City B.V. If you do not agree to these Terms, you must not use the Service.

1. Purpose of the Service

North Start provides tools for personal reflection, journalling and conversation. Its content is intended for general informational and reflective purposes only.

The Service does not provide therapy, counselling, diagnosis, treatment, or medical, psychological, legal or financial advice. It is not supervised by a healthcare professional, and its content has not been clinically reviewed.

Use of the Service does not establish a professional, therapeutic or advisory relationship between you and North Start.

You should not disregard professional advice, delay seeking it, or discontinue treatment because of anything you read or write in the Service.

2. No monitoring or emergency support

North Start does not monitor or assess your entries for signs of distress, self-harm or other risks. The Service does not provide safeguarding, crisis intervention or emergency assistance and will not contact emergency services or another person on your behalf.

Do not use the Service to request urgent help.

If you or another person is in immediate danger, contact your local emergency services. In the Netherlands, call 112.

For suicide prevention and crisis support:

• Netherlands: call 113 or 0800 0113.
• United Kingdom: call Samaritans on 116 123.
• United States: call or text 988.
• Canada: call or text 988.
• Elsewhere: contact an appropriate local crisis service or emergency number.

These services are independent of North Start.

3. Personal decisions and reliance

The Service may invite you to reflect on significant personal matters, including employment, relationships and whether to have children.

Questions, exercises and other content are prompts for reflection. They are not personalised recommendations or an assessment of your circumstances.

You remain responsible for your decisions and actions. Where appropriate, obtain independent advice from a suitably qualified professional before making a significant decision.

This section does not exclude any responsibility or liability that North Start has under applicable law.

4. Eligibility and account security

You must be at least 16 years old to use the Service. If you are under 18, you must obtain permission from a parent or legal guardian where required by applicable law.

Your account is personal to you. You must take reasonable steps to protect the Apple or Google account used to sign in, together with any device through which you access the Service.

You must not knowingly allow another person to use your account. Anyone who gains access to your sign-in credentials or an unlocked, signed-in device may be able to access your journal.

You are responsible for your own use of the account and for access you authorise. You are not automatically responsible for unauthorised activity that occurs without fault on your part.

Please notify us promptly if you become aware of unauthorised access.

5. Licence and permitted use

Subject to these Terms, we grant you a limited, non-exclusive and non-transferable licence to access and use the Service for your personal use on supported devices.

Except where expressly permitted by law or authorised by us in writing, you must not:

• copy, sell, resell, rent, sublicense or commercially exploit the Service or its content;
• reverse engineer, decompile or disassemble the Service;
• remove ownership notices or represent the Service or its content as your own;
• attempt to gain unauthorised access to accounts, systems or data;
• interfere with the security, integrity or operation of the Service; or
• use the Service for unlawful purposes, harassment or infringement of another person's rights.

Restrictions in these Terms do not override uses or rights expressly permitted by applicable law.

6. Intellectual property and your content

Our content

The Service, including its software, workbook content, questions, card decks, designs and artwork, is owned by 10 8 City B.V. or its licensors and is protected by applicable intellectual property laws.

Except for the licence expressly granted in these Terms, you receive no ownership rights in the Service or its content.

Your content

You retain ownership of the journal entries, workbook responses and other material you submit to the Service ("Your Content").

You grant us a limited licence to store, process, reproduce and display Your Content only as necessary to provide the Service to you, including synchronisation between your devices. This permission extends to service providers acting on our behalf for those purposes.

We do not acquire ownership of Your Content or permission to use it for unrelated purposes.

Personal data is handled as described in our Privacy Notice and in accordance with applicable data protection law.

7. Storage, backups and deletion

The Service is not intended to be your sole means of preserving important information. You should keep a separate copy of any content you wish to retain.

Although we remain responsible for meeting our legal obligations, we cannot guarantee that Your Content will always be available or recoverable. Content may be lost or become inaccessible because of technical failures, account deletion or discontinuation of the Service.

Deleting the application from a device does not, by itself, close your account or delete information held with your account.

You may request account deletion through Your profile. Deletion and any applicable retention periods are governed by our Privacy Notice and applicable law.

Nothing in this section removes our legal duties concerning data security, access, retention or deletion.

8. Availability and functionality

We will provide the Service with the care and skill required by applicable law. However, we do not guarantee that it will be uninterrupted, free from errors, compatible with every device or suitable for every individual purpose.

We do not guarantee any particular personal, emotional, professional or other outcome from using the Service.

North Start relies on third-party services, including authentication services provided by Apple and Google and services provided by our hosting providers. Interruptions affecting those services may affect access to North Start.

Third-party failures do not automatically release us from obligations or liability imposed by applicable law.

Except for express commitments we make and rights that cannot lawfully be excluded, the Service is provided on an "as available" basis.

9. Liability

Liability that is not excluded

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• intentional misconduct or gross negligence; or
• any other liability that cannot lawfully be excluded or limited.

Consumers

If you use the Service as a consumer, your statutory rights and remedies remain unaffected.

Our responsibility for losses, defective performance, failure to supply the Service and other breaches will be determined in accordance with applicable law. These Terms do not impose a blanket exclusion of liability or a shortened contractual deadline for bringing consumer claims.

The fact that the Service is provided free of charge does not, by itself, remove any rights you have under applicable law.

Users who are not consumers

For users acting in the course of a business or profession, and to the extent permitted by law, we will not be liable for indirect or consequential losses, loss of profits, revenue, business opportunities or anticipated savings.

Subject to the exclusions from limitation stated above, our total aggregate liability to such users arising out of or in connection with the Service will not exceed the greater of:

1. the total fees paid by that user for the Service during the 12 months preceding the event giving rise to the claim; or
2. €50.

Where no fees have been paid, this contractual cap is €50.

10. Misuse and responsibility for loss

You may be responsible under applicable law for losses directly caused by your unlawful use of the Service or a breach of these Terms for which you are legally responsible.

Any claim by us must reflect the loss attributable to your conduct and remains subject to applicable rules on causation, mitigation and consumer protection.

You are not required to reimburse us for losses caused by our own breach, negligence or misconduct.

11. Changes to the Service and these Terms

We may make reasonable changes to the Service or these Terms to address:

• changes in applicable law or regulatory requirements;
• security risks, fraud or misuse;
• technical developments or changes to third-party services; or
• changes to the features or operation of the Service.

We will provide reasonable advance notice of material changes, including the revised terms, their effective date and any applicable right to end the agreement. Shorter notice may be necessary where a change is required urgently for legal or security reasons.

Where applicable law requires your express agreement, we will obtain it. Continued use will not be treated as acceptance where the law requires a different process.

If you do not agree to a material change, you may stop using the Service and close your account. Any additional statutory rights remain unaffected.

12. Suspension and termination

You may stop using the Service at any time.

We may suspend or terminate access where there are reasonable grounds to believe that:

• you have materially or repeatedly breached these Terms;
• your use creates a significant security risk or threatens the operation of the Service; or
• suspension or termination is required by law.

Where reasonably practicable, we will explain the reason and give you an opportunity to remedy the breach before terminating your account. We may act immediately where necessary to address a serious security risk, unlawful activity or a legal requirement.

We may discontinue the Service for legitimate operational, technical or commercial reasons. Where reasonably practicable, we will give advance notice and a reasonable opportunity to retain a copy of Your Content.

Suspension, termination or discontinuation does not affect rights or obligations that have already arisen, including statutory rights concerning refunds, remedies or access to data.

13. Governing law and disputes

These Terms are governed by the laws of the Netherlands.

If you are a consumer, this choice of law does not deprive you of any mandatory protections that apply under the law of the country in which you habitually reside.

The courts of Amsterdam, the Netherlands, will have jurisdiction over disputes arising from these Terms, except where applicable law gives a consumer the right to bring proceedings before another court or requires proceedings to be brought elsewhere.

14. Severability

If a provision of these Terms is found to be unlawful, invalid or unenforceable, it will not bind the parties to the extent of that finding.

The remaining provisions will continue to apply insofar as the agreement can continue without the affected provision.

15. Contact

Questions or complaints concerning the Service or these Terms may be directed to:

10 8 City B.V.
Amsterdam, the Netherlands
Email: sam@ten8.city