Terms & Conditions

Last updated: January 01, 2020

1.1 Gulpes Products

These Terms & Conditions (these "Terms") contain the terms and conditions on which we supply content, products or services listed on www.Gulpes.com (the "Website"), through our applications (the "Apps") or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the "Product" or "Products", which may be updated from time-to-time at the sole discretion of Gulpes). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms "Gulpes," "us" or "we" refers to Gulpes. The term "Device" refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term "you" refers to the user of the Products. When you order ("Order") any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click "I accept" at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click "I accept", you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

Our contact email address is contact@gulpes.com. All correspondence to Gulpes including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.

1.2 Basis of License

(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Gulpes.

1.3 Changes to Terms

Gulpes reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.Gulpes.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.

2. Memberships and Subscriptions

2.1 Becoming a Member

(a) You may sign up as a registered user of the Products free of charge (a "Member"). To become a Member you need to go to the relevant section of the Products, then submit your email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.

(b) In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as "User Information"). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Gulpes Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

You are legally capable of entering into binding contracts;
All registration information you submit is truthful and accurate;
You will maintain the accuracy of such information; and
Your use of the Products does not violate any applicable law or regulation.

2.2 Once a Member

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

2.3 Use of Gulpes by Minors

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

2.4 Subscriptions

(a) Gulpes account holders may access the Products in two ways:

Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the "Basics". You will only have access to the Subscription Program while your subscription is active and subsisting. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber by purchasing a subscription from the Website, within the Apps, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store, Google Play store, or any App marketplace, the sale is final and subject to the applicable marketplace’s payment policy.

(b) Gulpes offers monthly, annual and quarterly subscription options. For the purposes of our monthly, quarterly and yearly subscriptions, a month constitutes 30 calendar days, a quarter constitutes 3 calendar months and a year constitutes 365 calendar days.

(c) Our "Monthly" subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to your Payment Method automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee. Refunds cannot be claimed for any partial-month subscription period.

(d) Our "Quarterly" subscription is paid for by an upfront one-off payment with automatic quarter renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee. Refunds cannot be claimed for any partial subscription period.

(e) Our "Yearly" subscription is paid for by an upfront one-off payment with automatic annual renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee. Refunds cannot be claimed for any partial subscription period.

(g) You agree to promptly notify Gulpes of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

2.5 Device Requirements

To enjoy Gulpes via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google App marketplaces.

2.6 Corporate and Other Consumer Communities

While Gulpes is a consumer products company, there is increasing interest by large consumer communities (corporations, universities, hospitals, etc.) ("Communities") to introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions. In the event of any conflict with such additional terms and these Terms, these Terms shall prevail.

2.7 Changing Fees and Charges

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

3. Cancellation of Services

3.1 Cancellation by You

(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period.

(b) You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan is offered with a 3-day money back guarantee, which entitles you to a full refund upon cancellation and emailing contact@gulpes.com to request a refund. Such refund requests must be made within the first 3 calendar days from your first date of payment.

(c) If you purchased through the Apple iTunes Store or Google Play store, you may cancel by managing subscriptions in your account settings per the respective platform’s process.

3.2 Cancellation by Us

We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes without limitation the unauthorized copying or download of our audio or video content from the Products.

3.3 Promotion and Discount Codes

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

4. Prohibited Use of the Products

4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products. You may not access the Products in an unauthorized manner.

4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use the Products will cease immediately.

4.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Gulpes.

5. Materials Offered Through the Products

5.1 Copyright

(a) All materials (including software and content whether downloaded or not) contained in the Products are owned by Gulpes (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. The materials may not be used except as provided for in these Terms without our prior written permission.

(b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors.

(c) Audio or video content from Gulpes not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.

(d) The Products are not intended for your commercial use. You must not use any part of the materials for commercial purposes without obtaining a written license from us. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products.

(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products.

5.2 Trademarks

Gulpes®, the Gulpes logo and all other Gulpes product or service marks are trademarks of Gulpes. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Gulpes will enforce its trademark rights to the fullest extent of the law.

6. Availability of Products

6.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at contact@gulpes.com.

6.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can.

7. User Material

7.1 The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. In these Terms, we use the term "User Material" to refer to any publicly available material of any kind that you submit to us.

7.2 If you review or submit User Material, you are agreeing to do so in accordance with these Terms.

7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user.

7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products.

8. Links to Websites

8.1 We may provide links to other websites or services for you to access. We do not review or endorse any of those websites or services. We are not responsible for their availability, privacy practices, content, or any damage arising from their use.

8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation. We reserve the right to withdraw linking permission with written notice.

9. Products Disclaimer

The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products. Any reliance you place on such information is strictly at your own risk.

10. Medical Disclaimer

10.1 Gulpes is a provider of online and mobile motivation advice. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that.

10.2 Any health information and links on the Products is provided simply for your convenience.

10.3 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances.

11. End User License

11.1 Subject to the terms of this License Agreement, and your payment of applicable subscription fees, Gulpes grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.

11.2 The Products contain copyrighted material, proprietary material or other intellectual property of Gulpes or its licensors. All right, title and ownership in the Products remain with Gulpes or its licensors. The rights to download and use the Products are licensed to you and are not being sold to you.

11.3 You agree that you will not and you will not assist or permit any third party to:

Copy, store, reproduce, transmit, modify, reverse-engineer, emulate, de-compile, or disassemble the Products;
Use the Products to create any tool or software product;
Rent, lease, loan, make available to the public, sell or distribute the Products;
Tamper with the Products or circumvent any technology used by Gulpes;
Circumvent any territorial restrictions applied to the Products; or
Use the Products in a way that violates this License Agreement or the other Terms.

12. DMCA Notice

12.1 We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.

12.2 If you feel that a posted message is objectionable or infringing, please contact us immediately at contact@gulpes.com.

Contact Us

If you have any questions about these Terms & Conditions, please contact us at contact@gulpes.com.