BackScriptive

    Terms of Use

    Scriptive Application and Services

    IMPORTANT LEGAL NOTICE

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SCRIPTIVE APPLICATION. BY ACCESSING OR USING THIS APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS APPLICATION.

    Effective Date: December 20, 2024
    Last Updated: December 20, 2024

    1. PARTIES AND AGREEMENT

    These Terms of Use ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," "your") and Scriptive, LLC, an Idaho limited liability company ("Scriptive," "Company," "we," "us," "our"), governing your access to and use of the Scriptive mobile application, website, and all related services (collectively, the "Service" or "Application").

    By creating an account, accessing, or using the Service in any manner, you represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction if greater than eighteen, and have the legal capacity to enter into this Agreement. If you are accessing or using the Service on behalf of an organization, you represent and warrant that you have the authority to bind such organization to these Terms.

    2. DESCRIPTION OF SERVICE

    Scriptive is a faith-based wellness application designed to assist users in emotional awareness and personal development through the presentation of Biblical Scripture and emotional intelligence techniques. The Service includes, but is not limited to: emotional check-in tools, Scripture presentation, accountability partner connections, usage tracking, and related features.

    THE SERVICE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICE DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, OR THERAPEUTIC SERVICES.

    3. ACCOUNT REGISTRATION AND SECURITY

    3.1. Account Creation. To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

    3.2. Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Scriptive of any unauthorized use of your account or any other breach of security.

    3.3. Account Termination. Scriptive reserves the right to suspend or terminate your account at any time, with or without cause, and with or without notice, including for any violation of these Terms.

    4. ACCEPTABLE USE POLICY

    You agree that you will not, and will not permit any third party to:

    • Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
    • Harass, threaten, demean, embarrass, bully, or otherwise harm any other user or third party;
    • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
    • Interfere with or disrupt the Service or servers or networks connected to the Service;
    • Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service;
    • Use any robot, spider, scraper, or other automated means to access the Service;
    • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
    • Remove, alter, or obscure any proprietary notices on the Service;
    • Use the Service to transmit any viruses, malware, or other malicious code;
    • Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make available to any third party the Service or any content therein.

    5. INTELLECTUAL PROPERTY RIGHTS

    5.1. Ownership. The Service and all content, features, and functionality thereof, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Scriptive, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    5.2. Limited License. Subject to your compliance with these Terms, Scriptive grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use only.

    5.3. Trademarks. "Scriptive" and all related names, logos, product and service names, designs, and slogans are trademarks of Scriptive or its affiliates. You may not use such marks without the prior written permission of Scriptive.

    5.4. Biblical Content. Scripture quotations and Biblical content presented through the Service are used in accordance with applicable permissions and fair use provisions. Such content remains subject to its original copyright holders where applicable.

    6. USER CONTENT AND DATA

    6.1. User Content. You retain ownership of any content you submit, post, or display through the Service ("User Content"). By submitting User Content, you grant Scriptive a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Service.

    6.2. Emotional Check-In Data. When you use the Service's emotional check-in features, you voluntarily provide information about your emotional state, including selected emotions and intensity levels. This data is stored to track your emotional journey over time and to provide personalized Scripture recommendations. You may request deletion of this data at any time.

    6.3. Flare Notifications. The Service includes a "Flare" feature that allows you to send notifications to your designated accountability partners when you need support. By using this feature, you acknowledge and consent that: (a) your accountability partners will receive notifications containing information about your request for support; (b) Scriptive maintains records of Flare notifications sent through the Service; and (c) your accountability partners may receive your current emotional state information if you choose to share it.

    6.4. User Representations. You represent and warrant that you own or have the necessary rights to submit User Content and that such content does not violate any third-party rights or applicable laws.

    6.5. Data Collection. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

    7. THIRD-PARTY SERVICES AND AUTHENTICATION

    7.1. Google OAuth. The Service offers authentication through Google OAuth 2.0. By choosing to sign in with Google, you authorize Scriptive to access your Google account information including your name, email address, and profile picture. Your use of Google's services is subject to Google's Terms of Service and Privacy Policy.

    7.2. Artificial Intelligence Services. The Service utilizes artificial intelligence ("AI") technologies provided by third-party services (including but not limited to Google AI and OpenAI) to: (a) analyze your emotional check-in data and recommend relevant Scripture passages; (b) provide contextual explanations and interpretations of Biblical content; and (c) personalize your experience. By using the Service, you acknowledge and consent to the processing of your data by these AI services. AI-generated content is provided for informational purposes only and does not constitute professional theological, psychological, or medical advice.

    7.3. Communication Services. The Service uses third-party email and SMS services to send notifications, including accountability partner invitations and Flare alerts. By providing your phone number, you consent to receiving SMS messages from Scriptive. Standard message and data rates may apply. You may opt out of SMS communications at any time through your account settings.

    7.4. Third-Party Links. The Service may contain links to third-party websites or services that are not owned or controlled by Scriptive. Scriptive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

    8. DISCLAIMER OF WARRANTIES

    THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    SCRIPTIVE DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

    SCRIPTIVE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO YOUR RELIANCE ON THE SERVICE FOR ANY MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, OR THERAPEUTIC PURPOSES. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH TREATMENT. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS OR EMERGENCY, PLEASE CONTACT EMERGENCY SERVICES (911) OR A QUALIFIED HEALTHCARE PROVIDER IMMEDIATELY.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCRIPTIVE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

    9. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCRIPTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF SCRIPTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL SCRIPTIVE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO SCRIPTIVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    10. INDEMNIFICATION

    You agree to defend, indemnify, and hold harmless Scriptive, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and costs) arising from or related to: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (d) your User Content; or (e) any dispute between you and any third party arising from your use of the Service.

    Scriptive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Scriptive's defense of such claims.

    11. DISPUTE RESOLUTION AND ARBITRATION

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    11.1. Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or your relationship with Scriptive (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

    11.2. Arbitration Procedures. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator in Ada County, Idaho, or at another mutually agreed location. The arbitrator shall apply Idaho law consistent with the Federal Arbitration Act and applicable statutes of limitations.

    11.3. Class Action Waiver. YOU AND SCRIPTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Scriptive agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

    11.4. Jury Trial Waiver. BY AGREEING TO THESE TERMS, YOU AND SCRIPTIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

    11.5. Opt-Out. You may opt out of this arbitration provision by sending written notice to Scriptive within thirty (30) days of first accepting these Terms. Such notice must be sent to: Scriptive, LLC, Attn: Legal Department, [Address], Boise, Idaho 83702. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration provision.

    12. GOVERNING LAW AND JURISDICTION

    These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Idaho, United States of America, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Scriptive agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Ada County, Idaho, and waive any objection to the laying of venue in such courts.

    13. TERMINATION

    13.1. Termination by You. You may terminate your account and discontinue use of the Service at any time by following the instructions in the Application or by contacting us at support@scriptive.org.

    13.2. Termination by Scriptive. Scriptive may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

    13.3. Effect of Termination. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

    14. MODIFICATIONS TO TERMS

    Scriptive reserves the right to modify these Terms at any time in its sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on the Service and updating the "Last Updated" date above. We may also provide notice through the Application or via email. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.

    15. GENERAL PROVISIONS

    15.1. Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or agreements published by Scriptive on the Service, constitute the entire agreement between you and Scriptive concerning the Service and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

    15.2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

    15.3. Waiver. The failure of Scriptive to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Scriptive.

    15.4. Assignment. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without the prior written consent of Scriptive. Scriptive may assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

    15.5. Force Majeure. Scriptive shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

    15.6. Notices. Any notices to Scriptive must be sent to: Scriptive, LLC, Attn: Legal Department, [Address], Boise, Idaho 83702, or via email to legal@scriptive.org. Notices to you may be sent to the email address associated with your account.

    15.7. Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

    16. CONTACT INFORMATION

    If you have any questions about these Terms of Use, please contact us at:

    Scriptive, LLC

    Boise, Idaho 83702

    Email: legal@scriptive.org

    Support: support@scriptive.org

    BY USING THE SCRIPTIVE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.