Terms of Use
Effective date: to be set after attorney review (draft only)
1. Agreement to these Terms
These Terms of Use (“Terms”) are an agreement between you and Uplift Digital Studios LLC (“we,” “us,” or “our”). They govern your access to and use of the Be Encouraged mobile application and the website at https://beencouraged.app, including content and features we make available through them (together, the “Services”).
By downloading, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services. Additional terms from an app marketplace, device platform, or third-party service may also apply to you.
2. Eligibility
You must be at least 13 years old to use the Services. If you are between 13 and the age of legal majority where you live, you may use the Services only with permission and supervision from a parent or legal guardian who agrees to these Terms on your behalf. The Services are intended for a general audience and are not directed to children under 13.
You may not use the Services if doing so would violate applicable law or if you are barred from receiving them under applicable trade or sanctions laws.
3. What the Services provide
Be Encouraged offers short, Scripture-centered encouragements and related features, such as discovering prior encouragements, opening passages in third-party Bible services, sharing content, and scheduling optional local reminders.
The Services are designed to support personal reflection and faith. They are not professional counseling, therapy, medical or mental-health care, legal advice, financial advice, or a substitute for pastoral care. We do not promise a particular spiritual, emotional, medical, financial, or other outcome.
If you may harm yourself or another person, or if you are experiencing an emergency, do not rely on the Services. Contact local emergency services or an appropriate crisis resource immediately. For other needs, seek help from a qualified professional or trusted local support person.
We do not monitor your use of the Services for emergencies and cannot contact emergency services on your behalf.
4. Privacy
Our Privacy Policy describes how we handle information in connection with the Services. It is a notice about our data practices and does not by itself constitute consent to processing that requires a separate choice. Please review it before using the Services.
5. Access and anonymous authentication
The current app does not require you to register with a name, email address, or password. It creates an anonymous Firebase Authentication account so the app can communicate securely with our backend. That technical account may be lost if you clear app data, uninstall the app, change devices, or otherwise lose the local authentication session.
You are responsible for the device and network access used with the Services. You must promptly notify us if you believe the app or Services are being accessed from your device without authorization.
6. Limited license
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the app on devices you own or control and to access the Services for your personal, non-commercial use. Use through family-sharing or similar platform features is permitted to the extent allowed by the applicable marketplace rules.
This license does not transfer ownership of the app, the Services, or any content. We and our licensors reserve every right not expressly granted in these Terms.
7. Acceptable use
You agree not to use the Services to violate law or another person’s rights; gain unauthorized access to an account, system, or network; introduce malicious code; disrupt or place an unreasonable burden on the Services; bypass a security or access control; impersonate another person; or assist anyone in doing these things.
Except where applicable law does not allow the restriction, you may not copy, reproduce, sell, rent, sublicense, distribute, scrape, harvest, systematically extract, publicly display, modify, create derivative works from, reverse engineer, decompile, or attempt to discover source code or non-public data from the Services. This restriction does not prevent ordinary personal use of the app’s built-in sharing features, subject to applicable content licenses and attribution requirements.
8. Content and intellectual property
The Services—including their software, visual design, branding, and original editorial encouragement content—are owned by Uplift Digital Studios LLC or its licensors and are protected by intellectual-property and other laws. “Be Encouraged” and related names, logos, and marks may not be used in a way that suggests sponsorship or endorsement without our written permission.
Scripture text, translation names, and related materials may be owned by third-party publishers, used under license or permission, or in the public domain. Copyright and attribution notices displayed in the app or accompanying materials are part of the applicable conditions of use. You may not copy or redistribute Scripture text beyond what those licenses, applicable law, and the app’s intended sharing features permit.
If you voluntarily send us an idea or suggestion about the Services, you allow us to use it without restriction or compensation. This does not give us ownership of personal information in a support or privacy request, which remains subject to our Privacy Policy.
9. Third-party services
The Services may link to or interact with third-party apps, websites, content, operating-system features, and services, including bible.com / YouVersion, Bible Gateway, an app marketplace, and destinations you choose through the system share sheet. We do not control and are not responsible for third-party content, availability, security, terms, or privacy practices. A link does not imply that we endorse every statement, product, or service at the destination.
Your dealings with a third party are between you and that third party. You are responsible for reviewing and following its terms, including any rules governing Scripture text or other content.
10. Availability and changes to the Services
We may add, modify, suspend, or discontinue a feature or any part of the Services. We do not guarantee that content or a feature will always be available, that a reminder will arrive at a particular time, or that the Services will work on every device or operating-system version. During beta or early access, defects and interruptions may be more likely.
We may provide updates that are required for continued use, security, or compatibility. Your device or marketplace settings may install updates automatically. We are not responsible for a failure caused by your device, network, third-party service, or failure to install a supported update.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND COURSE OF DEALING.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT CONTENT WILL MEET YOUR PARTICULAR SPIRITUAL, EMOTIONAL, OR OTHER NEEDS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) FIFTY U.S. DOLLARS (US $50).
These limitations do not exclude liability that cannot lawfully be excluded or limited, which may include liability for fraud, gross negligence, willful misconduct, personal injury, or violation of mandatory consumer rights. Your jurisdiction may provide additional rights and may not permit some limitations above.
13. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, contractors, and agents from third-party claims, liabilities, damages, losses, and reasonable costs arising from your unlawful misuse of the Services or your material violation of these Terms. This obligation does not apply to the extent a claim results from our own conduct and does not limit non-waivable consumer rights.
14. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate access if we reasonably believe you have materially violated these Terms, created risk or legal exposure, or used the Services fraudulently or unlawfully. We may also discontinue the Services generally.
Where reasonable, we will provide notice before termination, but we may act immediately when needed to protect the Services, our users, or others, or to comply with law. Sections that by their nature should survive termination—including ownership, disclaimers, limitations of liability, indemnity, dispute terms, and general terms—will survive.
15. Governing law and disputes
[Counsel must complete this section based on Uplift Digital Studios LLC’s principal place of business, launch territories, and chosen dispute process.] Except to the extent the law where you live requires otherwise, these Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.
Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in [COUNTY, STATE], and you and we consent to their jurisdiction and venue, except where applicable law gives you the right to bring a claim elsewhere. These Terms do not require arbitration or waive the right to participate in a class action.
Before filing a formal claim, please send a written description of the dispute to support@beencouraged.app so that we can try in good faith to resolve it. This informal process does not extend a legal limitation period unless applicable law says otherwise.
16. App marketplace terms
If you obtained the app through an app marketplace, its usage rules and terms also apply. To the extent allowed by law, these Terms are between you and us, not the marketplace operator, and we—not the marketplace—are responsible for the app, its content, maintenance and support, and claims relating to it.
For an app obtained through Apple’s App Store, your license is also subject to Apple’s Standard Licensed Application End User License Agreement unless we and Apple make a valid custom license available. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund any purchase price for the app; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it. Nothing in these Terms is intended to conflict with Apple’s applicable usage rules.
Google, Apple, and other marketplace operators are not responsible for investigating, defending, settling, or discharging a claim that the app infringes a third party’s intellectual-property rights; as between us and the marketplace operator, we are responsible for addressing such a claim as required by applicable law and marketplace terms.
17. General terms
These Terms and the documents they expressly incorporate are the entire agreement between you and us about the Services and supersede earlier agreements about the same subject. If a provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver.
You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, subject to applicable law. Headings are for convenience only. Except for marketplace beneficiaries expressly identified above, these Terms do not create rights for a third party.
18. Changes and contact
We may update these Terms as the Services or applicable requirements change. We will post the revised Terms on this page and update the effective date. If a change is material, we will provide additional notice when reasonably appropriate or legally required. Changes apply prospectively from their effective date. If you do not agree to revised Terms, you must stop using the Services.
Questions about these Terms may be sent to support@beencouraged.app (placeholder — replace with a monitored support address before publication).