28 JUNE 2021
(i) the website, www.theparadym.com (the “Site”); (ii) the Paradym mobile application
(the “Application”); and (iii) the services
we provide from time to time through the Site and the Application, including
the “Guided Process”, which is Paradym’s coach-led
wellness programme offered through the Application,
together, the “Services”.
Our Services are designed to
help each of our users (“User”, “you”, and “yours”) build emotional intelligence, by heightening their level of
self-awareness and self-knowledge through guided content, exercises, and daily
reflections. The is intended to
empower each User to break negative patterns to become more confident,
resilient and clear-minded through targeted pathways.
The Site and Application are
copyrighted works belonging to Paradym Ltd. (“Paradym”, “us”, “our”, and “we”). Certain features of the Services may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in connection
with such features.
you read these Terms? These Terms create a legally binding agreement between you
and us. By accessing or using the Services, you are accepting these Terms.
These Terms tell you who we are, how we will provide Services to you, how you
and we may change or end these Terms, what to do if there is a problem and
other important information. If you think that there is a mistake in these
Terms, please contact us to discuss.
What to do
if you don’t want to accept these Terms? If you do not agree with all
of the provisions of these Terms, do not access and/or use the Services.
provisions of the Terms should you pay particular attention to? The key terms that you
should consider in particular detail are: 3. Changes to these Terms; 6.4
Modification of the Services; 10.
Medical Disclaimer; 11. Our Responsibility for Loss or Damage;
12. Term and Termination; and 13. Your Rights to Cancel.
1.4 Apple’s Appstore Terms Also Apply. Your use of the Application is also controlled by the Apple Media
Services Terms and Conditions for your applicable jurisdiction, available here:
INFORMATION ABOUT PARADYM AND
Who we are. Paradym Ltd. is a company registered in England and our company registration
number is 10392678.
are based. Our
registered office is at 4 Endsleigh Street, Bloomsbury, London, United Kingdom,
contact us. You can contact us by writing to us at firstname.lastname@example.org
How we may
contact you. If we have to contact you we may do so
by telephone or by email to the address you provided when you registered for an
counts as “in writing”. When we use the words "writing" or
"written" in these Terms, this includes emails. For contractual
purposes, you: (a) consent to receiving communications from Paradym by email;
and (b) agree that all communications that we provide to you by email satisfy
any legal requirement that such communications would satisfy if it were be in a
CHANGES TO THESE TERMS
revise these Terms. We may revise and make changes to these Terms in our sole discretion, including to reflect
changes in relevant laws and regulatory requirements; to implement minor
technical adjustments and improvements, for example to address a security
threat; and to reflect any changes in our processes or procedures or ways of
revisions or changes will be effective immediately when we post them, and apply
to all access to and use of the Services thereafter. Your continued use of the
Services following such posting means that you accept and agree to the changes.
The “Last Updated” legend above indicates when these Terms were last changed.
You are expected to check this page from time to time so you are aware of any
changes, as they are binding on you.
of changes. Under certain circumstances, we may also elect to notify you of
revisions or changes to these Terms by additional means, such as pop-up or push
notifications within the Application or by email.
HOW DO WE DEAL WITH YOUR PERSONAL INFORMATION?
submission of information, including personal data, through or in connection
order to use certain features of the Services, you must register for an account
(“Account”) and provide certain
information about yourself as prompted by the account registration form.
and up-to-date Information. All the registration information you submit must be
truthful and accurate. If for any reason any information you submit becomes
untruthful, inaccurate and/or incomplete, you agree that you will update that
information to maintain its accuracy.
What to do
if you want to delete your account. You can delete your
Account at any time, for any reason, by
following the instructions on the Services. At this point, we should remind you
that we also have certain rights to suspend or terminate your Account, these
are outlined in Section 12.2.
responsible for your Account. You are responsible for maintaining the confidentiality of
your Account log-in information (including, for example, your password).
Accordingly, you are responsible for all activities that occur under your
What to do
if you become aware of, or suspect, unauthorised use
of your Account. You should notify us immediately if you suspect or become aware of
any unauthorised use of your Account or any other
breach of security.
authority to enter into these Terms. By accessing and using the
Services, and registering for an Account, you warrant that you have the right,
authority and capacity to enter into these Terms.
Services are not intended for use by minors. The Services are offered and
available to users who are 18 years of age or older. By registering for an
Account, placing an Order, and using the Services, you represent and warrant
that you are of legal age to form a binding contract with us. If you do not
meet these requirements, you must not access the Services.
ACCESS TO THE SERVICES
Licence. Subject to these Terms (in
particular, the restrictions described in Section 6.2), Paradym grants you a licence to use and access the Services on the basis that
this licence is:
not a commercial licence – you can only
access and use the Services for your own personal, non-commercial uses (i.e.,
not for your business);
non-transferable – you can’t pass this right to someone else;
non-exclusive – other people can access and use the Services;
revocable – we have the right to remove your ability to use the
Services in accordance with these Terms; and
limited – the licence does not extend
beyond what has just been described above.
Your right to use the Services is subject to the restrictions
Except as expressly set out in these Terms or as permitted by any local law,
not to use the Services for any commercial purpose or for any
purpose that is fraudulent or otherwise unlawful;
not to interfere with the operation or fair play of the Services
and to comply with our Acceptable Use Policy (see the Acceptable Use Policy
not to copy the whole or any part of the Services, except where
such copying is incidental to the normal use of the Services for its intended
purposes, or where it is necessary for the purpose of back-up or operational
not to reproduce, republish, reuse, upload, post, transmit or
distribute any content presented in or provided by the Services, including
without limitation for public or commercial purposes, including any text,
images, audio and video;
not to rent, lease, sub-license, loan, distribute, time-share,
translate, merge, adapt, vary or modify the whole or any part of the Services;
not to make alterations to, or modifications of, the whole or any
part of the Services, or permit the Services or any part to be combined with,
or become incorporated in, any other product or service;
not to disassemble, decompile, reverse-engineer, derive any code
or algorithms or create derivative works based on the whole or any part of the
Services or attempt to do any such thing except to the extent that (by virtue
of section 296A of the Copyright, Designs and Patents Act 1988) such actions
cannot be prohibited because they are essential for the purpose of achieving
inter-operability of the Services with another software program, and provided
that the information obtained by you during such activities: (i) is used only for the purpose of achieving
inter-operability of the Services with another software program; (ii) is not
unnecessarily disclosed or communicated without our prior written consent to
any third party; and (iii) is not used to create any software that is
substantially similar to the Services;
not to sell, resell, link to, exploit, provide or otherwise make
available the whole or any part of the Services (including object and source
code), in any form to any person without prior written consent from us;
not to remove any copyright, trademark or other proprietary rights
notices from the Services, and to include our copyright notice on any copies
you make of the Services on any medium; and
that you are responsible for obtaining and have obtained any and
all necessary authorisations, consents and
permissions, including from any third party, to the extent that you submit,
post, transmit or otherwise process personal data using the Services.
System Requirements. In order to access the Services through the Application,
the Application requires an iOS or Android device.
of the Services. Paradym reserves the right, at any time, to modify, suspend, or
discontinue Site, the Application, and any Services or other content we provide
(in whole or in part). We may do this with or without notice to you. You agree
that Paradym will not be liable to you or to any third party for any such
modification, suspension, or discontinuation of the Services or any part
or Maintenance. You acknowledge and agree that Paradym will have no obligation to
provide you with any support or maintenance in connection with the Services.
Ownership. Excluding any User Content
(this term is defined below) that you may provide, you acknowledge that all the
intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Services and related
content are owned by Paradym, Paradym’s licensors or
suppliers or, in the case of other users’ User Content, other users of the
Services, as applicable. Neither these Terms (nor your access to the Services)
transfers to you or any third party any rights, ownership or similar interests
in or to such intellectual property rights, except for the limited access
rights expressly set forth in Section
6.1. Paradym and its
licensors or suppliers reserve all rights not granted in these Terms. There are
no implied licences granted under these Terms.
SUBSCRIPTIONS AND SUBSCRIPTION FEES
have registered for an Account will receive free access to all features of our
Services for an initial period of five (5) days (the “Free Trial Period”).
Fees. On expiry of the Free Trial Period, Users will only have
access to our Services     on payment of a monthly subscription fee, at the rate set
out on our subscription order page, and which will be made clear to you during
the Order process (the “Subscription Fee”). For the purposes of this Section 7, a month
constitutes thirty (30) calendar days. 
can make an order to purchase a subscription within the Application, where
allowed by our Application marketplace partners (an “Order”). Please
note that if you make an
Order through the Apple iTunes Store or through our Application on an iPhone,
the sale is final, and we will not provide a refund. Your purchase will be
subject to Apple’s applicable payment policy, which also may not provide refunds.
If you make an Order through the Google Play Store, the sale is final, and we
will not provide a refund. Your purchase will be subject to Google’s applicable
payment policy, which also may not provide refunds. We accept payment by Credit
Card, Visa, Visa Debit, Mastercard, American express, and PayPal.
Subscription Fees. The Subscription Fee must be paid in monthly instalments,
on the anniversary of the date of your first payment. For each month that your
subscription is active, you acknowledge and agree that Paradym is authorised to charge you using the same credit or debit
card as was used for the initial Subscription Fee (the “Payment Method”). The monthly renewal Subscription
Fee will continue to be billed to the Payment Method you provided,
automatically until cancelled. You must cancel your subscription before it
renews each month in order to avoid billing of next month’s Subscription Fee to
the Payment Method you provided. Refunds cannot be claimed for any
partial-month subscription period. Please refer to Section 13 with regards to
your cancellation rights.
notify us of changes to your Payment Method. You agree to promptly notify Paradym of any changes to
the Payment Method you provided while any subscription remains outstanding. You
are responsible for all applicable fees and charges incurred, including
applicable taxes, and all subscriptions purchased by you.
receive updated credit card information directly from your issuer. In the course of your use of
the Services, Paradym and its third party payment service provider may receive
and implement updated credit card information from your credit card issuer in
order to prevent your subscription from being interrupted by an outdated or
invalid card. This disbursement of the updated credit card information is
provided to Paradym and Paradym’s third party payment
service provider at the sole election of your credit card issuer. Your credit
card issuer may give you the right to opt-out of the update service. Should you
desire to do so, please contact your credit card issuer.
are made available on confirmation of your
purchase of a subscription. Our obligation to provide
the Services comes into being when we take receipt of your Order, and we
confirm your purchase to you by email. We shall confirm your Order and send you
an email to confirm your access to the subscription purchased. Please quote the
Order number in all subsequent correspondence with us. All prices exclude local
taxes and VAT unless otherwise stated. You agree not to hold us responsible for
banking charges incurred due to payments on your account. If payment is not
received by us from the Payment Method you provided, you agree to pay all
amounts due upon demand by us. You agree that you are not permitted to resell
any Services purchased through Paradym for commercial purposes.
Subscription Fees. We reserve the right to change our subscription plans or
adjust pricing for our Services or any components thereof in any manner and at
any time as we may determine in our sole and absolute discretion. Except as
otherwise expressly provided for in these Terms, any price changes or changes
to your subscription plan will take effect following notice to you.
Content. “User Content” means any and all information and content that a user submits
to, or uses with, the Services (e.g., content in the user’s profile, diary or
any other postings). You are solely responsible for your User Content. You
assume all risks associated with use of your User Content, including any
reliance on its accuracy, completeness or usefulness by others, or any
disclosure of your User Content that personally identifies you or any third
Content cannot be used. You confirm and promise to us that your User Content does
not and will not violate our Acceptable Use Policy (defined in Section 8.6).
You may not represent or imply to others that your User Content is in any way
provided, sponsored or endorsed by Paradym. Because you alone are responsible
for your User Content, you may expose yourself to liability if, for example,
your User Content violates the Acceptable Use Policy.
User Content. Paradym is not obligated to backup any
User Content, and your User Content may be deleted from the Services at any
time without prior notice – accordingly we recommend you store and backup
copies elsewhere. You are solely responsible for creating and maintaining your
own backup copies of your User Content if you desire.
Paradym to use your User Content. So that we can operate the Services,
host and display your User Content, you grant (and confirm and promise to us
that you have the right to grant) Paradym a licence
to reproduce, distribute, publicly display and perform, prepare derivative
works of, incorporate into other works, and otherwise use and exploit your User
Content on the basis that such licence is:
irrevocable – once agreed, you cannot remove or restrict our right
to use your User Content as described above;
non-exclusive – you and, if you let them, other people can use
royalty-free and fully-paid – we don’t have to pay you (either now
future) to use your User Content in the fashion described above;
worldwide – we can use your User Content in fashion described
above anywhere in the world; and
sub-licensable – you allow us to authorise,
solely for the purposes of including your User Content in the Services, other
business and individuals to use the licence describe
rights waiver. You hereby irrevocably
waive (and agree to cause to be waived) any claims and assertions of moral
rights or attribution with respect to your User Content.
Monitoring. You agree that we have no obligation to monitor User Content that
you or any other person provides or makes available on or through the Services.
However, you agree that we may in our absolute discretion, monitor, alter,
remove or refuse to post any such User Content for any reason. The opinions
expressed in User Content reflect solely the opinions of the user and do not necessarily
reflect our opinions. We are not responsible for the accuracy, truthfulness or
completeness of any User Content and we will not be liable to you for any loss
or damage caused by your reliance on such User Content. You are responsible for
your relationship with other users of our Services. However, we reserve the
right, but are not obliged, to monitor disputes between you and other users.
Use Policy. The following terms constitute our “Acceptable Use Policy”:
of our reputation and third party rights. You agree not to use the
Services to collect, upload, transmit, display, or distribute any User Content
(i) that violates any third-party right, including
any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful,
invasive of another’s privacy, vulgar, defamatory, false, intentionally
misleading, trade libellous, pornographic, obscene,
patently offensive, promotes racism, bigotry, hatred, or physical harm of any
kind against any group or individual or is otherwise objectionable; (iii) that
is harmful to minors in any way; or (iv) that is in violation of any law,
regulation, or obligations or restrictions imposed by any third party.
of our systems. In addition, you agree not to: (i)
upload, transmit, or distribute to or through the Services any computer
viruses, worms, or any software intended to damage or alter a computer system
or data; (ii) send through the Services unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages, whether
commercial or otherwise; (iii) use the Services to harvest, collect, gather or
assemble information or data regarding other users, including e-mail addresses,
without their consent;
(iv) interfere with,
disrupt, or create an undue burden on servers or networks connected to the
Services, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Services (or to other computer
systems or networks connected to or used together with the Services), whether
through password mining or any other means; (vi) harass or interfere with any
other user’s use and enjoyment of the Services; or (vi) use software or
automated agents or scripts to produce multiple accounts on the Services, or to
generate automated searches, requests, or queries to (or to strip, scrape, or
mine data from) the Services (provided, however, that we conditionally grant to
the operators of public search engines revocable permission to use spiders to
copy materials from the Services for the sole purpose of and solely to the
extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials, subject to the
parameters set forth in our robots.txt file).
we enforce these Terms if you violate them? We reserve the right (but
have no obligation) to review any User Content, and to investigate and/or take
appropriate action against you if you violate the Acceptable Use Policy or any
other provision of these Terms or otherwise create liability for us or any
other person – the action we take will
be determined by us acting
in our sole discretion. Examples of action that we might take could include: (i) removing or modifying your User Content, (ii)
terminating your Account in accordance with Section 11.1, and/or (iii)
reporting you to law enforcement authorities.
Feedback. If you provide Paradym with
any feedback or suggestions regarding the Services (“Feedback”), you hereby transfer to Paradym all
rights in such Feedback. You also agree that Paradym shall have the right to
use and fully exploit such Feedback and related information in any manner it
Do not send
us confidential information in User Content or Feedback. Please note that the User Content and Feedback you provide to
Paradym will not be treated as confidential information – accordingly, you
agree not to submit to Paradym any information or ideas that you consider to be
confidential or proprietary.
THIRD-PARTY LINKS & ADS; OTHER USERS
Links & Ads. The Services may contain links to third-party websites and
services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Services
contain links to Third-Party Links & Ads, these links are provided for your
information and convenience only. We have no control over the contents of those
sites or resources. Paradym does not review, approve, endorse or make any
promises with respect to Third-Party Links & Ads.
Third-Party Links & Ads at your own risk. You use all Third-Party
Links & Ads at your own risk, and should apply a suitable level of caution
and discretion in doing so. When you click on any of the Third-Party Links
& Ads, the applicable third party’s terms and policies apply, not these Terms.
Other Users. Each User of Services is
solely responsible for any and all of its own User Content.
We are not
a health care provider and do not provide medical advice. Paradym is a provider of
online guided content, exercises, and daily reflections in the health
& wellness space. We are not a
health care or medical device provider, nor should our Services be considered
medical advice. Only your physician or other health care provider can do that.
We make no claims, representations or guarantees that the Services provide a
information is provided for convenience only. Any health information and
links on the Services, whether provided by Paradym or from outside providers,
is provided simply for your convenience.
We are not
responsible for your decisions and actions. Any advice or other
materials in the Services are intended for general information purposes only.
They are not intended to be relied upon and are not a substitute for
professional medical advice based on your individual condition and
circumstances. The advice and other materials we make available
are intended to support the
relationship between you and your healthcare providers (if applicable) and not
replace it. We are not liable or responsible for any consequences of your
having read or been told about such advice or other materials as you assume
full responsibility for your decisions and actions. In particular, to the
fullest extent permitted by law, we make no representation or warranties about
the accuracy, completeness, or suitability for any purpose of the advice, other
materials and information published as part of the Services.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
Services are not bespoke to you. You acknowledge that the Services have
not been developed to meet your individual requirements, and that it is
therefore your responsibility to ensure that the facilities and functions of
the Services meet your requirements.
responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for
loss or damage you suffer that is a foreseeable result of our breaking these
Terms or our failing to use reasonable care and skill, but we are not
responsible for any loss or damage that is not foreseeable. Loss or damage is
foreseeable if either it is obvious that it will happen or if, at the time
these Terms are entered into and both we and you knew it might happen.
We are not
liable for business losses. As noted above, we only make the Services available for
your domestic and private use. If you use the Services for any commercial,
business or re-sale purpose we will have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business
liability for User Content. We do not control User
Content and you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. We make no guarantees regarding
the accuracy, currency, suitability, or quality of any User Content.
liability for User interactions. Your interactions with
other Users are solely between you and such Users. We simply host the Services
and do not control your interactions with other Users. You agree that Paradym
will not be responsible for any loss or damage incurred as the result of any
liability for damage caused by unauthorised access. We will not be responsible
for any loss or damage incurred as a result of unauthorised
access to your Account which is not within our reasonable control, including
where you fail to comply with Section 5.5.
What we do
not exclude. Nothing in these Terms shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation;
any other liability that cannot be excluded or limited by English
TERM AND TERMINATION
to this Section 12 and Section 13, these Terms will remain in full force and
effect while you access and use the Services.
might suspend or terminate your Account or Services access. We may suspend or terminate
your rights to use the Services (including your Account) at any time for any
reason at our sole discretion, including for any use of the Services in
violation of these Terms.
happens when these Terms terminate? Upon termination of your
rights under these Terms, your Account and right to access and use the Services
will terminate immediately. You understand that any termination of your Account
may involve deletion of your User Content associated with your Account from our
live databases – for this reason, we recommend you pay particular attention to
Section 8.3 (Backing up User Content).
will continue after these Terms have been terminated? Even after your rights under these Terms are terminated,
the following provisions of these Terms will remain in effect: Sections 6.2 to
6.6, Sections 8 to 11, and Section 14.
YOUR RIGHTS TO CANCEL
cancel a subscription at any time. Since your subscription includes a
digital element, by placing your Order you hereby acknowledge and agree that we
may start your subscription immediately once we send you confirmation of your
purchase by email according to Section 7.7. You may cancel a subscription you
purchased at any time but any cancellation will be effective at the end of the
applicable monthly period and you acknowledge and agree that you will lose your
right to a refund in respect of that monthly period.
make any such cancellation through the Apple iTunes Store or our Application on
an iPhone, you may cancel your subscription by cancelling automatic renewal of
paid in-app subscriptions by selecting Manage App Subscriptions in your iTunes
Account settings and selecting the subscription you want to modify. If you
purchase a subscription through the Google Play store you may cancel automatic
renewals in account settings under Subscriptions in the Google Play app, or
according to the current process outlined by Google Play.
OTHER IMPORTANT TERMS
and Interpretation. The section titles in these Terms are for convenience only
and have no legal or contractual effect. The word “including” means “including
and other consumer communities. While Paradym is aimed at consumers
like you, there is increasing interest by large consumer communities
(corporations, universities, hospitals, etc.) (“Communities”) to introduce the Services to their employees and members. In
some cases, these Communities may supplement these Terms with their own terms
and conditions. In such event, these Community terms and conditions shall also
use of the Services. In the event of any conflict with such additional terms
and these Terms, these Terms shall prevail.
transfer these Terms to someone else. We may transfer our rights
and obligations under these Terms to another organisation
– for example, this could include another member of our group of companies or
someone who buys our business. We will always tell you in writing if this
happens and we will ensure that the transfer will not affect your rights under
has any rights under these Terms. These Terms are between you and us. No
other person shall have any rights to enforce any of its terms.
If a court
finds part of these Terms illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any
court or relevant authority decides that any of them are unlawful, the
remaining Sections will remain in full force and effect.
Even if we
delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are
required to do under these Terms, or if we delay in taking steps against you in
respect of your breaking these Terms, that will not mean that you do not have
to do those things and it will not prevent us taking steps against you at a
that apply to these Terms and where you
may bring legal proceedings. These Terms are governed by English law and we both agree to
submit to the non-exclusive jurisdiction of the English courts. This means that
if you reside in the EU, you may bring a claim to enforce your consumer
protection rights in connection with these Terms in England or in the EU
country in which you live.
Information. Copyright © 2020 Paradym Ltd. All
rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our
property or the property of other third parties. You are not permitted to use
these Marks without our prior written consent or the consent of such third
party which may own the Marks.
Information. If you wish to contact us in writing, or if these Terms require
you to give notice to us in writing, please contact us at email@example.com