Privacy Policy

Last updated: May 9, 2022

This Privacy Policy describes Our policies and procedures for the collection, use, and disclosure of Your information when You use the Service. The Application is designed with your privacy in mind. We have taken efforts to avoid collecting Personal Data wherever possible. If Personal Data is not collected by Us, it is not at risk of misappropriation or misuse. Protecting your Protecting Data is the best way to safeguard your online privacy. Where Personal Data is collected, it is Usage Data that is anonymized in order to protect your privacy and used only in accord this Privacy Policy. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation
The capitalized words have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Application means mood, the software program provided by the Company to be downloaded and used by You on any Device, any upgrades from time to time, and any other software or documentation which enables the use of the Application. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Red & Co., 4908 Balcones Dr., Austin, Texas 78731. Device means any device that can access the Application such as a computer, a cellphone, or a digital tablet.
• Personal Data is any information collected from an individual using the Service, including Personally Identifiable Information and Usage Data. Personally Identifiable Information is any information that can be used to contact or identify You.
• Service Provider means any natural or legal person who processes data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Application, provide the Application on behalf of the Company, perform services related to the Application, or assist the Company in analyzing how the Application is used.
• Usage Data refers to data collected automatically, either generated by the download or use of the Application or from the Application infrastructure itself.
• You means the individual accessing or using the Application, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

We Do Not Collect Any Personally Identifiable Information Unless You Affirmatively Provide It to Us

While using Our Application, We do not collect any Personally Identifiable Information from You. By default, the Application data is stored locally on your Device, and is not shared with Our servers. Should you affirmatively contact Us through email or a social media application regarding the Application (or any other reason), we will collect the Personal Data that you affirmatively provide to Us.

We Have Limited Access to Usage Data

When You download or use the Application by or through a Device, our Service Provider may collect certain information automatically, including, but not limited to, the type of Device You use, the Device operating system, the Application version, the country of use, the last time the Application was opened, and other diagnostic data. This Usage Data is anonymized. We do not have access to any Personally Identifiable Information from our Service Provider associated with this Usage Data.

Use and Sharing of Usage Data and Personal Data You affirmatively provide to Us

The Company may use or share Personal Data (meaning the anonymized Usage Data referenced above and any other Personal Data you affirmatively provide to Us) with its

Service Providers for the following purposes:

• To provide and maintain our Application and ensure it is functional to users with valid subscriptions.
• To make good on our goal of providing free subscriptions to organizations that help people with their mental well-being on a 1:1 ratio of purchased subscriptions to donated subscriptions.
• For business transactions, including in connection with, or during negotiations of, any merger, sale of company assets, financing, acquisition, restructuring, reorganization, dissolution, or sale or transfer, whether as a going concern or as part of a bankruptcy, liquidation or similar proceeding, in which Usage Data is among the assets transferred.
• For other purposes, such as data analysis, identifying usage trends, and to evaluate and improve the Application and the user experience.
• Retention of Usage Data and Personal Data You affirmatively provide to Us

The Company will retain Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also specifically retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Usage Data and Personal Data You affirmatively provide to Us

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy, and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place protecting the security of Your Personal Data.

Disclosure of Usage Data and Personal Data You affirmatively provide to Us

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation;
• Protect and defend the rights or property of the Company;
• Prevent or investigate possible wrongdoing in connection with the Service;
• Protect the personal safety of Users of the Service or the public; or
• Protect against legal liability.

Security of Your Personal Data

The security of Your Personal Data is important to Us, which is why We designed the Application to store data locally on your Device rather than on Our servers. As discussed above, We do collect Usage Data that is anonymized, and We collect Personal Data that You affirmatively provide to us via email or through social media. In those circumstances, please remember that no method of transmission over the Internet or form of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Application is not designed for any person under the age of 13. We do not knowingly collect Personal Data and in particular, Personally Identifiable Information from anyone under the age of 13.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. You will always have access to Our current Privacy Policy by downloading updated versions of the Application or visiting Our website. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are published.

Contact Us

If You have any questions about this Privacy Policy, You can contact us:
• By email: [email protected]
					

Terms & Conditions

Last updated: May 9, 2022

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The capitalized words have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Application means mood, the software program provided by the Company to be downloaded and used by You on any Device, any upgrades from time to time, and any other software or documentation which enables the use of the Application.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Red & Co., 4908 Balcones Dr., Austin, Texas 78731.
• Jurisdiction refers to: the State of Texas, United States of America
• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
• Service refers to the Application.
• Terms and Conditions (also referred to as "Terms") means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that You are over the age of 13. The Company does not intend or permit those under 13 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures for the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Conditions of Use

You will not, nor allow third parties on Your behalf to, (i) make and distribute copies of the Application; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever. The Application is currently made available to You with a monthly subscription fee for Your personal, noncommercial use. Company reserves the right to amend or withdraw the Application, or change the subscription model or price for the Application provided to You in accordance with these Terms, at any time and for any reason. You acknowledge that the terms of agreement with Your respective mobile network provider will continue to apply when using the Application. As a result, You may be charged by the mobile network provider for access to network connection services for the duration of the connection while accessing the Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise. If You are not the bill payer for the Device being used to access the Application, You will be assumed to have received permission from the bill payer for using the Application.

Availability

This Application is available to Devices running Apple iOS and Android OS Operating Systems. Company will use reasonable efforts to make the Application available at all times.  However, You acknowledge that the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Company’s reasonable control. Company and its group of companies and sub-contractors do not accept any responsibility for the unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable. 

Intellectual Property

The Service and its original content (excluding content provided by You or other users), features, and functionality, including the underlying software code, are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Jurisdiction and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Company hereby grants You a worldwide, nonexclusive, royalty-free, revocable license to use the Application for Your business and personal use in accordance with these Terms.

Your Feedback to Us

You assign the Company all rights, title, and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, the rights and licenses granted to You herein will terminate, and Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the lesser of the amount actually paid by You for the Service or $100.00 USD. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law. "AS IS" and "AS AVAILABLE" Disclaimer The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements; achieve any intended results; be compatible or work with any other software, applications, systems, or services; operate without interruption; meet any performance or reliability standards or be error free; or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the Company’s Affiliates make any representation or warranty of any kind, express or implied, (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Jurisdiction, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You reside.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:
• By email: click here