TERMS AND CONDITIONS

Last updated: 19 January 2022

1. INTRODUCTION

Welcome to Secret Potion Pte. Ltd. (“Secret Potion”)! Your use of Secret Potion’s services, including the services Secret Potion makes available through its website; the Secret Potion Community Platform (the “Platform”), which may be accessed through any application store or distribution platform (each such distribution platform an “App Platform Provider”); and any other software or services offered by Secret Potion in connection with any of those (collectively the “Services”) is governed by these terms of use (the “Terms”). Please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” and “Secret Potion” refer to Secret Potion, the providers and operators of the Services.

If you use these Services, you are assumed to have agreed to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.

For users located outside of the European Union (“EU”), or the United Kingdom (“UK”), you must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. EU and UK users younger than age 16 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services. For the avoidance of doubt, Secret Potion shall be entitled to rely on the user’s self-declaration for compliance with the requirement for parental or guardian consent.

You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Secret Potion or any of its affiliates regarding future functionality or features.

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

2. NOT MEDICAL ADVICE

You acknowledge and agree that the Services constitute, primarily, a personalized self-help community platform designed to help you improve your own mental health and well-being and that if you choose to utilize the Services you are solely responsible for deciding if you put into practice any suggestions by fellow community members and how to apply those techniques. As such, you acknowledge that Secret Potion is not a health care provider, and does not provide you with any medical advice.

Secret Potion expressly states that it is in no way a licensed counsellor or therapist under the laws and regulations of the Republic of Singapore, and does not hold itself out to be such in any form or fashion. The Platform and the Services ARE NOT TO BE CONSIDERED AS A SERVICE ADMINISTERED, REGULATED OR GOVERNED IN ANY FORM by the Ministry of Health, the Singapore Medical Council, the Singapore Psychological Society, the Singapore Association of Counselling, the Singapore Nursing Board, or the Allied Health Professions Council.

Any advice or other materials provided through 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 personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it.

WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS TAKEN DUE TO YOUR HAVING READ OR BEEN TOLD ABOUT SUCH ADVICE OR OTHER MATERIALS. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, WE GIVE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE OR OTHER MATERIALS AND INFORMATION PUBLISHED ON OR THROUGH THE SERVICES.

YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE APP PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY OTHER USER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES.

If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Services then the former should take precedence. If you think you may have a medical emergency, call your doctor immediately.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF THE INFORMATION OR ADVICE YOU RECEIVED THROUGH THE SERVICES.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US, 999 in the UK, 995 in SINGAPORE, 100 in INDIA, 000 in AUSTRALIA) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE. THE SERVICES ARE NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THEY CAN NOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

THE SERVICES ARE NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE THEM IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SERVICES.

3. YOUR ACCOUNT

In the course of registering for or using the Services, you may be required to provide Secret Potion with certain information, including but not limited to your name, email address, username and password (“Credentials”). You are responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Secret Potion promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Secret Potion of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Secret Potion immediately. You agree, confirm and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Credentials. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Credentials by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the Credentials of any other person for any reason.

4. CONTENT AND LICENSE FROM YOU

A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services of Secret Potion or its suppliers (“Secret Potion - Supplied Content”). While Secret Potion strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Secret Potion cannot guarantee and is not responsible for the accuracy, completeness, or timeliness of any Secret Potion - Supplied Content.

You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through the use of the Services. All such information is referred to below as “User Content.”

You agree that you are solely responsible for (and that Secret Potion has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Secret Potion may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.

Secret Potion may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Secret Potion may remove your User Content from the Services at any time if you violate these Terms or if the Services are cancelled or suspended. If User Content is stored using the Services with an expiration date, Secret Potion may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Secret Potion has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through the use of the Services.

Secret Potion reserves the right (but shall have no obligation) to remove User Content from the Services, at its discretion.

By submitting, posting or otherwise uploading User Content on or through the Services you give Secret Potion a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license as set below:

With respect to User Content that you submit, post or otherwise make publicly or generally available through the Services (such as postings made on the Services’ public forums), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose; and

With respect to User Content that you submit, post or otherwise make available privately via the Services (such as communications made to a specific user or User Content that you upload for your own personal use), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Secret Potion to provide you with the Services.

5. PROPRIETARY RIGHTS

You acknowledge and agree that Secret Potion (or Secret Potion’s licensors) own all legal rights, titles and interests in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Except as provided in Section 4, Secret Potion acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Secret Potion, you agree that you are responsible for protecting and enforcing those rights and that Secret Potion has no obligation to do so on your behalf.

6. LICENSE FROM SECRET POTION AND RESTRICTIONS ON USE

Secret Potion gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and Secret Potion-Supplied Content provided to you as part of the Services on a device that you personally own or control for your own personal non-commercial use. This license is for the sole purpose of allowing you to utilize the Services as a personalized platform and community to help you improve your mental health and well-being and to address your issues with other users, in the manner permitted by these Terms. Additionally, if you are a Medical Professional utilizing these Services in conjunction with a patient who is also a user of the Services, you may utilize the Services for the limited purpose of monitoring or assisting such patients with the same.

You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Platform or the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Secret Potion, in writing (e.g., through an open-source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

You may not engage in any activity that interferes with or disrupts the Platform or the Services (or the servers and networks which are connected to the Platform or the Services). You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You may not access the Platform or the Services in a manner intended to avoid incurring fees.

You may not access the Platform or the Services for the purpose of bringing an intellectual property infringement claim against Secret Potion or for the purpose of creating a product or service competitive with the Platform or the Services.

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence, self-harm or any illegal activities, or content that may cause or promote damage to a third party; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Secret Potion, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, bullying, extortionate, abusive, profane, hateful, defamatory, libellous, threatening, racist, xenophobic, discriminatory, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; (vii) unsolicited email and/or advertisement or promotion of goods and services; or (viii) constitutes, causes or encourages a criminal action or violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

You may not use the Services if you are a person barred from receiving the Services under the laws of Singapore, Australia, the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 12, as the Services are not intended for children under 12, or if you are located in the EU or the UK, you affirm you are 16 years of age or older.

Use of the Application requires third party services and equipment such as a compatible mobile device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. Secret Potion is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third-party services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any Carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. You will not disclose or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application. You agree not to use the Application to communicate in an offensive or obscene manner or to spam, threaten, defame or harass other users. Secret Potion is not in any way responsible for any such use by you or by any person using your password, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application. Secret Potion reserves the right but does not assume the obligation, to remove any objectionable activity or language used in the Application at any time. Secret Potion reserves the right but does not assume the obligation, to not publish or to terminate any communication, or posting it determines objectionable in its sole discretion. Use of the Application is void where prohibited. You shall not use the Application to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, Singapore regulations pertaining to the export of software from the Singapore to embargoed countries. You will ensure that the information you provide to us through the Application is accurate and complete. We reserve the right to immediately terminate your use of the Application should you fail to comply with any of the foregoing.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and us.

7. PRICING TERMS

Subject to the Terms, the Services are provided to you without charge up to certain usage limits, and usage over these limits may require the purchase of additional resources and the payment of fees.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your Credentials on a timely basis and according to the fees schedule, the terms and the rates as published on the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Credentials.

If you have any concerns about a bill or a payment, please contact us immediately by sending an email to developer@secretpotion.co. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue.

8. PRIVACY POLICIES

These Services are provided in accordance with our Privacy Policy, which can be found at LINK. You agree to the use of your User Content and personal information in accordance with these Terms and Secret Potion’s Privacy Policy.

Notwithstanding anything to the contrary, if you are using the Services on behalf of an organization, you agree to permit Secret Potion to identify you as a customer and to use your name and/or logo on Secret Potion’s website and marketing materials.

 9.MODIFICATION AND TERMINATION OF SERVICES

Secret Potion is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Secret Potion provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms unless stated otherwise.

You may terminate these Terms at any time by cancelling your account on the Services. You will not receive any refunds if you cancel your account.

You agree that Secret Potion, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Secret Potion will not be liable to you or any third party for such termination.

Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

10. CHANGES TO THE TERMS

These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. You can determine when these Terms were last revised by referring to the “Last Updated” date at the top of these Terms. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

11. DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SECRET POTION, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SECRET POTION, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT SECRET POTION’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

12. LIMITATION OF LIABILITY

SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SECRET POTION, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SECRET POTION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

13. INDEMNIFICATION

You agree to hold harmless and indemnify Secret Potion, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Secret Potion and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your access to or use of the Platform and your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, (e) any actions made with your Credentials whether by you or by someone else, or (f) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

14. COPYRIGHT POLICY

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Copyright Act (Cap. 63) of Singapore passed in 1987, we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to us. Contact us at farha@secretpotion.co

15. THIRD-PARTY CONTENT

The Services may include hyperlinks to other websites, as well as content or resources or email content provided by companies or persons other than Secret Potion (“Third Party Content”). Secret Potion has no control over such Third Party Content.

You acknowledge and agree that Secret Potion is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or made available through such Third Party Content.

You acknowledge and agree that Secret Potion is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third Party Content.

16. THIRD-PARTY SOFTWARE

The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

17. FEEDBACK

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Secret Potion under any fiduciary or other obligation and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

18. MISCELLANEOUS

These Terms, together with our Privacy Policy and Pricing Terms (and Medical Professionals Agreement, if applicable), constitute the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Secret Potion to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Secret Potion must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

These Terms and any action related thereto will be governed by the laws of Singapore without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts located in Singapore, and each of the parties hereto waives any objection to jurisdiction and venue in such courts on grounds of forum non-convenient.

19. MAINTENANCE AND SUPPORT SERVICES

Any maintenance and support services made available by Secret Potion are at the discretion of Secret Potion, which may initiate or cease providing maintenance and support services at any time without notice to you. You acknowledge that the App Platform Provider and your wireless carrier are not responsible for providing maintenance and support services for the Application.

20. LOCATION DATA

Secret Potion, the App Platform Provider, Distributors or other providers or their partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device as necessary to provide the Application’s full functionality. By using or activating any location-based services on your mobile device, you agree and consent to Secret Potion’s, and such parties’ collection, maintenance, publishing, processing and use of your location data to provide you with such services. You may withdraw this consent at any time by turning off the location-based feature on your mobile device or by not using any location-based features. Turning off or not using these features may impact the functionality of the Application. Location data provided by the Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real-time route guidance is at your sole risk. Location data may not be accurate. Neither Secret Potion nor such parties guarantee the availability, accuracy, completeness, reliability or timeliness of information or location displayed by the Application.

21. CONTACT US

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: developer@secretpotion.co 

When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.