Terms & Conditions

Please read these terms and conditions of use (“Terms”) carefully before using SuccessTally. By accessing, browsing and/or using this Service, you (the end user of the Service referred to herein below as “User” or “you”) acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in these Terms and the applicable guidelines set forth on the websites for any mobile apps you download. If you do not agree to the Terms and the applicable guidelines, then you are obliged to cease using the Service immediately. If you are entering into these Terms on behalf of a legal entity, you acknowledge and declare that you have the legal authority to bind that legal entity.

 

1. INTRODUCTION

These Terms contained herein on this webpage, shall govern your use of SuccessTally, including all pages within this website and the SuccessTally App (collectively referred to herein below as the “Service” or “SuccessTally Service”). These Terms apply in full force and effect to your use of SuccessTally Service and by using the Service, you expressly fully accept all the Terms contained herein in full. You must not use the SuccessTally App or any of the Service, if you have any objection to any of these Terms. By using this Service, you agree that you are of at least 18 years of age, or using this Service under a parent or guardian’s supervision, and are legally capable of entering into a contract.

NEURONDIGITAL LTD, a company incorporated under the laws of Malta on the 14th May 2021, having official number C99146, and its official address at 8, Maranatha, Triq tal-Fieres, Kirkop, Malta (hereinafter referred to as “SuccessTally”) operates an application currently available on the Web, which assists users to create custom habit trackers easily and intuitively. We currently operate from ‘Marantha’, Triq Tal-Fieres, Kirkop, Malta, Europe.

 

2. PROPRIETARY RIGHTS

All Intellectual Property Rights related to the Service (including any documentation and all parts and copies thereof) including but not limited to hardware, equipment, logo, software, copyrights and related rights (including database and catalogue rights and photography rights), design, trademarks, patents, models, text, software, technical drawings, configurations, graphics, templates, design elements, animations, trade secrets and know-how, other files, and their selection and arrangements (whether registered or unregistered) (the “Intellectual Property Rights”) belong to SuccessTally, and/or its suppliers, affiliates, or licensors. SuccessTally or its licensors own and reserve all right, title and interest in and to the Service and all Intellectual Property Rights, other than the rights SuccessTally expressly grant to you by way of a limited non-transferable and non-sublicensable right, to use the Service. 

No title to or ownership of any Intellectual Property Rights related to the Service is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to SuccessTally about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to SuccessTally. 

 

 

3. RESTRICTIONS

You are expressly and emphatically forbidden from all of the following:

1. selling, sublicensing and/or otherwise commercializing any SuccessTally Service material;
2. using SuccessTally Service in any way that is, or may be, damaging to SuccessTally;
3. using SuccessTally Service in any way that impacts user access to SuccessTally Service;
4. using SuccessTally Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to SuccessTally, or to any person or business entity;
5. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to SuccessTally Service, or while using SuccessTally Service;
6. reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of any [Android App, Apk file, IOS App, server, databases, infrastructure belonging to SuccessTally ] (“SuccessTally Technology”);
7. provide use of the SuccessTally Technology on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the SuccessTally Technology or "frame" or "mirror" the SuccessTally Technology on any other server, or wireless or Internet-based device;
8. use any SuccessTally Technology (including to create any application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of SuccessTally or any third party;
9. Avoiding payment of charges or fees payable by you with respect to the Service;
10. Committing any act that may be harmful to minors;
11. Violating any applicable law or regulation; and
12. Collecting or storing any personal identifiable information from the Service of other users of the Service without their express prior consent.

 

4. THIRD PARTY BENEFICIARIES

These Terms are concluded between SuccessTally and the User.  Nonetheless, any third party entities with which SuccessTally has a contractual relationship in furtherance to the provision of the Service are deemed as third party beneficiaries of these Terms in the sense that they will have the right to enforce their own terms of service, where applicable, against the User as the end user of the Service.

The User must agree and abide by all applicable third party terms of service and terms and conditions when using the Service.

 

5. THIRD PARTY SITES, LINKS & ADS

The Service may present advertisements for or links to third party websites, products, and/or services, or, in general, content or information that might be inaccurate, incomplete, misleading, illegal, immoral or otherwise harmful ("Third Party Ads"). SuccessTally is not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither SuccessTally, nor any of its officers, directors, developers, consultants, employees and affiliates will be liable for any errors in content or omissions, or any such content, in general, in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.

 

6. TERMS AND CONDITIONS FOR PREMIUM MEMBERS

Certain SuccessTally Service features require you to have a premium membership.

 

Subscription Requirement

In order to access certain functionalities of the Service, you may be required to pay premium membership fees which will grant you a subscription to the Service (the “Subscription”). SuccessTally reserves the right to unilaterally increase premium membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

 

Payment

Payment obligations are non-cancellable and fees paid are non-refundable. SuccessTally reserves the right to suspend our Service to you until and amounts due are paid in full.

 

Automatic Renewal

When your Subscription period or your trial expires, your credit card will be charged automatically with the standard Subscription membership fees which were valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time as originally subscribed for, unless you cancel your Subscription at least 24 hours prior to the expiration of your current Subscription. The standard Subscription fees can be viewed on the SuccessTally App.  Subscribing to SuccessTally Service shall automatically mean that you agree to the Subscription fees therein.

 

 

Refunds

You may terminate your Subscription at any time and you will not be obliged to pay any additional fees for upcoming Subscription renewal periods. However, any Subscription fees you have paid in advance will not be refunded unless there have been 30 days or less since the payment. Payments made in the preceding 30 days or less from date of termination, shall be refundable by contacting SuccessTally support on melvin@neurondigital.com.

 

7. YOUR ACCOUNT

In order to use certain features of the Service, you may have to register and create an account with SuccessTally. By creating an account, and making use of the SuccessTally Service, you claim and confirm that you are of legal age in accordance to applicable law, that you are legally authorized to enter into agreements according to applicable law, and that you are permitted by applicable law to create an account and make use of the SuccessTally Service.

You acknowledge and agree that you are responsible for maintaining the confidentiality of any account information and credentials including passwords associated with any account you use to access or use the Service, and that you will be solely responsible for all activities that occur under your account. In the event you become aware of any unauthorized use of your password or your account, you shall notify SuccessTally immediately.

SuccessTally reserves the right to suspend or terminate your account at any time and for any reason and shall incur no liability whatsoever for such suspension or termination.

By accessing the Service using your Facebook credentials, you permit SuccessTally to access certain information from your profile on Facebook for use by the Service. You may be able to control the amount of information that is accessible to SuccessTally by adjusting your account privacy settings on Facebook. By using the Service, you are authorizing SuccessTally to collect, store, retain, and use indefinitely, in accordance with SuccessTally’s Privacy Policy, any and all information that you permitted Facebook to provide to SuccessTally.

 

8. NO WARRANTIES

The Service is provided “as is,” and “tale quale” with all qualities as shown and any faults or bugs which may, from time to time, arise and SuccessTally makes no express or implied representations or warranties, of any kind related to SuccessTally Service or the data and materials contained on SuccessTally Service. Additionally, nothing contained on SuccessTally Service shall be construed as providing consult or advice to you.

 

9. LIMITATION OF LIABILITY

In no event shall SuccessTally, nor any of its officers, directors, developers and employees, be liable to you for anything arising out of or in any way connected with your use of SuccessTally Service, whether such liability is under contract, tort, delict, or otherwise, and SuccessTally, including its officers, directors, developers, consultants and employees shall not be liable for any liability whatsoever, whether direct, indirect, consequential or special, including loss of income, moral or otherwise, arising out of or in any way related to your use of SuccessTally Service. Should any mishap or damage occur to you during your use of the Service provided, you are hereby waiving all your legal rights and remedies that may be used against SuccessTally, or any of its officers, directors, developers and employees, and you hereby declare that you are solely responsible, and hold SuccessTally harmless and indemnified, for any mishap, damage or loss which occurred or might have occurred to you during your use of SuccessTally Service. 

 

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SuccessTally, its affiliates, officers, directors, employees, developers, agents, licensors and suppliers (the “SuccessTally Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your user content, your use of content, your use of the Service, your conduct in connection with the Service or with other Service users, or any violation of these Terms, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the SuccessTally Parties from any and all claims or causes of action you may have for damages or losses relating in any way to your use of the Service.

 

11. MODIFICATION AND TERMINATION

Modification of Services

SuccessTally reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that SuccessTally shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. 

You are responsible for obtaining and maintaining any devices required or connections needed for the Service to be availed of and maintained.

 

Complaints

In case You require any support or assistance, You may lodge a complaint with us on melvin@neurondigital.com and we will do our best to assist You.

 

Termination

You agree that SuccessTally may, in its sole discretion, and for any reason, and without prior notice, immediately terminate your account and/or access to the Service. Reason for such termination may include (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Service, (h) if we learn that the user is under legal age Termination of your account may include (a) removal of access to all offerings within the Service, (b) deletion of your information, files and content associated with your account, and (c) barring of further use of the Service.  You agree that all causes for termination shall be made in SuccessTally's sole discretion and that SuccessTally shall not be liable to you or any third party for any termination of your account or access to the Service. The relevant post-termination provisions of the Terms shall still be binding upon you following the termination of your account.

You may opt to unsubscribe from your account with SuccessTally and stop making use of SuccessTally Service should you wish to terminate the Service.  The relevant post-termination provisions of the Terms shall still be binding upon you following the termination of your account.

 

12. VARIATION OF TERMS

SuccessTally is permitted to revise these Terms at any time as it sees fit, without notice to you, and by using the Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of SuccessTally Service. Should you for any reason whatsoever fail to agree with any of the revised Terms, you may opt to unsubscribe from your account with SuccessTally and stop making use of SuccessTally Service. However, your continued account, or Subscription, and your use of the Service shall be construed as an express, clear and unequivocal acceptance of such revised Terms.

 

13. WAIVER

The failure of SuccessTally to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

 

14. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

15. ASSIGNMENT

SuccessTally shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms to any other party.

 

16. GOVERNING LAW & JURISDICTION

These Terms are governed by, and construed in accordance with the laws of Malta and therefore, the applicable law for any dispute arising out of or relative to these Terms shall be that of the Republic of Malta. SuccessTally and you agree that any dispute or claim arising out of or in connection with these Terms or its subject-matter, shall be subject to the exclusive jurisdiction of the Malta Arbitration Centre in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta) and the arbitration rules of the Malta Arbitration Centre in force at the time of the dispute. Residual jurisdiction shall be that of the Courts of Malta.  SuccessTally shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Service in the Courts of law of the country in which you reside.