IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE SAME SUBSCRIPTION PERIOD/TERMS AS ORIGINALLY PURCHASED. TO AVOID ANY FUTURE UNWANTED CHARGES, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE EXPIRATION OF ANY FREE TRIAL PERIOD, SUBSCRIPTION PERIOD, OR RENEWAL PURSUANT TO THE TERMS AND CONDITIONS OF THIS SERVICE AND ANY THIRD-PARTY PAYMENT PLATFORMS SUCH AS APP STORE OR GOOGLE PLAY. PLEASE NOTE THAT DELETING YOUR ACCOUNT AND/OR MOBILE APPLICATION FROM YOUR DEVICE DOES NOT AUTOMATICALLY CANCEL YOUR SUBSCRIPTION.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NECTAR CAGUNI LIMITED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

UNAUTHORIZED USE BY MINORS

Our Services are not intended for children under the age of 13. If you are under 13, you are prohibited from creating an account or using the Services. If legally required, users between 13 and 18 years of age may use the Services only with permission and supervision of a parent or legal guardian. If you do not meet all of these requirements, you are prohibited from accessing or using the Services.

Nectar Caguni Ltd. (“Desté,” “we,” “us,” “our”) provides its services (described below) to you through its website located at thisisdeste.com and through its mobile application (the “Application”) and related services (collectively, such services, including any new features and applications, and the Application, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services’ user interface, push notification and/or alert, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at thisisdeste.com/privacy and the Community Guidelines, and other Policies located at thisisdeste.com. All such terms are hereby incorporated by reference into these Terms of Service.

YOUR USE:We’re always improving our Services and creating new ones all the time. This means that we may add, stop updating, or remove features, products, content, or functionality, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand - but this won’t always be possible.

To access and use some of the Services, you may be required to provide certain information (“User Information”) and register for an account (“Account”). Our Privacy Policy governs our collection, use, storage, and disclosure of any personal information contained within User Information. You represent and warrant that all User Information you provide us from time to time in connection with the Services is truthful, accurate, current, and complete. You agree to promptly notify us of changes to your User Information by updating your Account through the App.

You are responsible for any activity that occurs in your Desté account, whether authorized or unauthorized by you. So it’s important that you take appropriate steps to keep your account secure (e.g., using strong passwords, keeping your password private, exercising caution when using public or shared devices). The Company will not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses or damages arising out of the loss or theft of your username, password, or other security information. If you think that someone has gained access to your account, please reach out immediately to hey@thisisdeste.com

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Desté may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Desté’s servers on your behalf. You agree that Desté has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Desté reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Desté reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

PURCHASES

Desté may offer products and services for purchase in exchange for a subscription or other fee (“subscription” or “in-app purchase”) through iTunes, Google Play, or other third-party payment platforms (collectively “External Party Store”) authorized by the Service. If you choose to make a subscription or in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as iTunes or Google Play) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Desté or the third party account, as applicable, to charge you. By making a subscription or in-app purchase from Desté, you acknowledge and agree that additional terms and conditions may apply to your use, access, and purchase of said subscription and in-app purchase, and such additional terms and conditions are incorporated by reference herein. Desté is not responsible and shares no liability for any payment processing errors that may occur when using an External Party Store to make any subscription or in-app purchase. We recommend you review the terms and conditions of any External Party Store before making a subscription or in-app purchase. Moreover, for any subscription or in-app purchase, you will be billed in the manner selected by you without interruption until you cancel the subscription or in-app purchase pursuant to the terms and conditions of the External Party Store. Please note that features and content are offered for free in limited quantities so you may access and experience the offer before making any purchases. Desté recommends making purchases responsibly and thoughtfully.

AUTOMATIC RENEWAL

If you purchase a subscription, your subscription will automatically renew for the same subscription period/terms as originally purchased. To avoid any future unwanted charges, you must cancel your subscription before the expiration of any free trial period, subscription period, or renewal pursuant to the terms and conditions of this Service and any third-party payment platforms such as iTunes or Google Play. Please note that deleting your account and/or mobile application from your device does not automatically cancel your subscription.

CANCELLATIONS AND REFUNDS

If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire. To cancel your subscription, you must log into your External Service Account and follow the relevant instructions.
To cancel your subscription in Apple, you can follow these instructionsTo request a refund from Apple you can follow these instructionsTo cancel your subscription in Google, you can follow instructionsTo request a refund from Google, you can follow these instructions

Please note that the Service may be used without a subscription, thus canceling or terminating your subscription does not delete your account or profile from Desté. You must delete or terminate your account according to the procedures set forth in the Application. Moreover, Desté reserves the right to suspend or terminate any account WITHOUT providing a refund for any subscription or in-app purchase for violating these Terms of Service, including our Community Guidelines.

FREE TRIALS You may have access to a free trial period for a subscription. If you sign up for a free trial and do not cancel before the trial ends, your trial may convert into a paid subscription and the Payment Method you set up in your External Service Account will be automatically charged. You will continue to be charged until the cancel the subscription through the External Service Account methods shared above in the Cancellations and refunds section. If you have signed up for a free trial in the subscription through the Apple Store or Google Play Store previously, you will not be eligible for another free trial--in this case you will be automatically signed up for a paid subscription and charged as described in these terms.

CONDITIONS OF USE USER CONDUCT:You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish, share, or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Desté. Desté reserves the right to investigate and take appropriate legal action against anyone who, in Desté’s sole discretion, violates this provision or any other provision contained in these Terms of Service or any corresponding Rules and Regulations published by this Service, including without limitation: (1) removing the offending content from the Service; (2) blocking certain IP Addresses; (3) suspending or terminating the account of such violators; and (4) reporting violators to the appropriate law enforcement authorities. Please note, all such action may be done without prior notice to the offending party/user.

For additional rules and regulations relating to User Conduct, please visit our Community Guidelines located on our FAQ section of our website: thisisdeste.com Desté has a zero tolerance policy regarding inappropriate User Conduct and will take the necessary steps to aggressively enforce that policy.

Although Desté strives to encourage and provide a respectful user experience, it is not responsible or liable in any way for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate outside of the Service or meet in person.

A note about our User Conduct: we ask that Users treat everyone with respect, honesty, and kindness to promote a safe space for sharing personal stories and experiences.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

THIRD PARTY DISTRIBUTION CHANNELSDesté offers Software applications that may be made available through the Apple App Store, Android Play Store, or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and Desté only, and not with the Distribution Channel. To the extent that you utilize any other third-party products or services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products or services.

INTELLECTUAL PROPERTY RIGHTS

The Services and all related content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Desté, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws as applicable.

Subject to these Terms, you are permitted to access and use the Services for your personal, non-commercial use only.

The Desté name, the Desté logo and all related names, logos, product and service names, designs, and slogans are trademarks of Desté. You must not use such marks without our prior written permission. You may not do any of the following (or enable anyone else to do so):
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, print, monitor, make available, modify, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without obtaining our advance written consent; orviolate or infringe Desté’s copyrights, trademarks, or other intellectual property rights.

If you’d like to use our brand assets in a way not covered by these guidelines, please reach out to us at hey@thisisdeste.com

If you violate these Terms, your right to access and use the Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any access or use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

INDEMNITY AND RELEASEYOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DESTE AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

WE MAKE NO WARRANTIES TO OUR USERS AND DISCLAIM ALL LIABILITY FOR YOUR USE OF THE SERVICEUse of the Services is at your own risk.

DESTE AND ITS PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY PRODUCT OR SERVICE YOU USE OR ENCOUNTER ON ANY DESTE SERVICE. YOU AGREE THAT DESTE IS NOT LIABLE UNDER ANY THEORY OF LAW FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, AND/OR THE FAILURE TO REALIZE ANY SPECIFIC OUTCOME, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

OU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOWING DESTE TO PROVIDE A FREE SERVICE, AND THAT OUR SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. IF YOU DO NOT AGREE TO THESE LIMITATIONS, PLEASE DO NOT USE THE SERVICES. NO ADVICE OR INFORMATION YOU OBTAIN FROM US THROUGH THE SERVICES OR IN SUPPORT OF THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT DESTE IS FOUND TO HAVE A LIABILITY TO YOU, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT YOU PAID, IF ANY, TO DESTE WITH RESPECT TO YOUR INDIVIDUAL USE OF THE DESTE SERVICE IN QUESTION. IN ADDITION, YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT DESTE IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY OTHER USER, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY.

THE DESTE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. DESTE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT DESTE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DESTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL. CONDITIONS BEYOND OUR REASONABLE CONTROL INCLUDE, WITHOUT LIMITATION, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

DISPUTE RESOLUTION BY BINDING ARBITRATION: For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. Arbitration is a legal process to resolve disputes which is outside of the court system. In the event of any such controversy, dispute, demand, claim, or cause of action, the complaining party must notify the other party in writing. Within 30 days of such notice, both parties agree to use reasonable efforts to attempt to resolve the dispute in good faith. If both parties do not resolve the dispute within 30 days after such notice, the complaining party must seek remedies exclusively through arbitration. The demand for arbitration must be made within a reasonable time after the controversy, dispute, demand, claim, or cause of action in question arose, and in no event may it be made after two years from when the complaining party knew or should have known of the controversy, dispute, demand, claim, or cause of action.

ENTIRE AGREEMENT Desté’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Desté’s prior written consent, but may be assigned by Desté without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Desté as a result of these Terms or your use of the Services.

These Terms constitute the entire agreement between you and Desté with respect to the use of the Desté website and Services. Your use of the website is also subject to the Desté Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

YOUR PRIVACY At Desté, we respect the privacy of our users. For details, please see our Privacy Policy, available at: thisisdeste.com/privacy By using the Service, you consent to our collection and use of personal data as outlined therein.

If you have any questions regarding these Terms or the Services, please contact us at hey@thisisdeste.com

Wow. Amazing. Thank you for reading our Terms of Service. You’re a star.