Terms of Service

These Terms of Use (the "Agreement") explain the terms by which paying subscribers ("Author(s)" and "you" and "you") may use the Services, and other online or mobile services we may provide. Please read this Agreement carefully before using the Services. By accessing or using the Services, you agree that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Services. This Agreement applies to all Authors, visitors, users, and others who access the Services and those who access the mobile apps and/or web online courses our Services create (collectively, "Users").

Please read these Terms of Use carefully. By using or accessing the Passion.io Services or Website, you confirm that you have read and understand these Terms of Use and that you agree to, and are bound by, these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Passion.io Service or Website in any respect.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

How We Update Our Terms of Use

This Agreement is maintained on our Website. We reserve the right, in our sole discretion, to modify or replace this Agreement from time to time, so you should review this page periodically. If the changes are material, we will provide you with thirty (30) days' notice via email. Your continued use of the Services after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.

Use of Our Services
1. The Services. Passion.io provides the following to its customers.
  1. App Builder. Passion.io provides software that allows Author to build their own web and/or mobile app (the "App Builder"). To learn more about the App Builder, you can visit the Website here: https://passion.io/features/app-builder. The App Builder also includes publishing the Apps on the Google and Apple app stores and setting up platforms. The app built by the App Builder shall be referred to in this Agreement as the "App." These Apps are built for Author to deliver their offerings to their customer, who are referred to in this Agreement as the "End-User(s)".
  2. Web Courses. Author may use the App to create web courses that their End-Users can sign up for through their App.
  3. Enhancements. Passion.io may provide Author with enhancements to the Services or software, which can include creating custom functionality or custom plugins (the "Enhancements."). Passion.io may coordinate with a third party to develop the Enhancements.
  4. Educational and coaching products and programs. These include, but aren't limited to:
    1. The Expert Growth program
    2. The Creator MBA
    3. PassionPlus Coaching Calls
    4. Q&A Sessions
      
      These shall be referred to in this Agreement as the "Educational Products."
  5. Groups. The Services feature the ability for Authors to create or join groups in order to share articles and/or other content and to send messages to other Group members (a "Group").
  6. Messaging. We may allow you to send messages through our Services to other Users or to third parties ("Messages"). We may send administrative messages to you and other Users.
  7. Website. The Services include Passion.io's website, Passion.io. (the "Website")
    
    These are collectively referred to as the "Services."
2. Eligibility. Because we respect the rights of children and parents, you may use the Services only if you can form a binding contract and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under eighteen (18) years old is strictly prohibited and in violation of this Agreement. Furthermore, no person or Author shall create an account on the Services for use by a minor.
  
  If we discover a minor is using the Services or that Author created the account for use by a minor, we will remove the account immediately and have the right to remove Author from using the Services.
3. Consent. By participating in the Educational Products, you understand these are recorded by Passion.io, and you agree to the recording, distribution, and dissemination of the recorded content in any manner. Passion.io owns the recorded content and retains the rights to the recorded content for all public distribution & commercial use. Prior to purchasing or participating in one of our Educational Products, please contact us via email at [email protected] if you don't:
  1. Want to be recorded;
  2. Want your questions or comments to be recorded; and/or
  3. Don't want Passion.io to use your name and/or company name commercially.
4. Right to Modify; Discontinue.
  1. Passion.io is always seeking ways to improve the Author's experience with new and innovative features and services. As a result, Passion.io may, without prior notice, change the Services; change the pricing of the Services; add or delete features of the Service to you specifically or Authors in general; or create usage limits for the Services.
  2. Passion.io retains the right to discontinue, temporarily or permanently, all or a part of the Services without notice. Passion.io will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Subscriptions; Payment; Refunds; Termination.
1. Subscriptions. Author understands they will be required to sign up for a subscription plan to access the Services (the "Subscription Plan"). This Agreement is effective for the duration of the Subscription Plan and automatically renews with each renewal of a Subscription Plan. Each Subscription Plan has different service limitations and features, which you can find on our Website. Author may select from the following Subscription plans:
  1. Monthly: The purchase of a monthly subscription provides Author access to the Services for a month from the date of their purchase ("Monthly Subscription.”)
  2. Annually: The purchase of an annual subscription provides Author access to the Services for a year from the date of their purchase ("Annual Subscription")
  3. Subscription Renewal: The Subscription Plan shall automatically renew for a subsequent term of the same duration unless you terminate your Subscription Plan prior to the end of the current term. For the sake of clarity, if you sign up for a Monthly Subscription, the plan will continue to renew for monthly intervals until terminated.
  4. Payment Reminders. Prior to the expiration of your annual Subscription Plan, Passion.io will send Author a reminder via email. If Author doesn't wish to continue their Subscription Plan, they must terminate their Subscription Plan pursuant to Section 3.d.
  5. Subscription Fees. The fees for each Subscription Plan are identified on the Website. Passion.io retains the right to increase or decrease the cost of the Services at any point. These changes in price will go into effect upon the renewal of your Subscription Plan.
2. Payment. Prior to accessing the Services, Author must submit their payment at a checkout page.
  1. Payment as Authorization. Payment is authorization for us to begin providing the Services.
  2. Access Upon Payment. Once a payment is made, Author shall have immediate access to the Services.
  3. Payment Processor. We utilize the payment processor Stripe to collect payment from you (we retain discretion to change to an alternative third-party payment processor). Upon payment, your information, including credit card details and contact information, may be collected by the third-party merchant. These third-party merchants may have privacy policies or security practices that are different from those of Passion.io. You agree to their terms and conditions by using our service.
  4. Automatic Payments. You authorize us to set up an automated recurring billing process unless you terminate your Subscription under Section 3.d.
  5. Failed Payments. In the event of an automated payment failing, you will be notified immediately and asked to provide an updated payment method. Should the payment fail a second time, Passion.io is entitled to terminate your access to the Services.
3. Refunds
  1. Money Back Guarantee.
    1. First-time subscribers are entitled to a refund if the Services do not meet their expectations following the first thirty (30) days of their Subscription Plan. Requesting a refund under the Money Back Guarantee will result in the termination of your account and access to the Services. If you cancel and later create a second account, you will not be eligible for a refund, and any attempt to circumvent this policy is a violation of this Agreement.
    2. The Money Back Guarantee is only available for the Subscription Plans where it is explicitly stated it is available. For clarity, there is no Money Back Guarantee available for the “Plus/Done-for-you/CMBA/Educational” plans and products, and any and all payments made under this plan are final and entirely non-refundable.
  2. Renewals and Refunds. A renewal of a Subscription will be taken as your approval of the Services and result in all fees being non-refundable.
  3. No Refunds. Except as provided by this Agreement and unless otherwise required by law, all payments are considered final, and Author shall not be entitled to a refund at any point during the Subscription Plan. Termination by either Party under Section 3.d. of this Agreement does not entitle Author to a refund. However, Passion.io has the discretion to provide a refund upon request by Author and will decide whether to grant a refund on a case-by-case basis.
  4. Use of Services and Refunds. The payments are non-refundable whether or not you access and utilize the Services.
4. Term and Termination.
  1. Author's Right to Terminate.
    1. Author may terminate this Agreement at any time and without notice prior to the end of their Subscription Plan. Upon termination by Author, they will lose their access to the Services immediately.
    2. If Author terminates this Agreement prior to the end of the Subscription Plan, they will be responsible for paying any outstanding amounts owed to Passion.io.
    3. To cancel your Subscription Plan and access to the Services, go to Account Settings > Manage Plan > Cancel Subscription. For full instructions, see: Passion.io Help Center.
    4. If this option is not available to you, please reach out to your Customer Success Manager or the Support team via email or ticket.
  2. Passion.io's Right to Terminate. Passion.io may terminate this Agreement, with or without cause, at any time and without notice during Author's Subscription Plan. Passion.io retains discretion to immediately terminate Author's access to the Services if Author has materially breached this Agreement or has, in any way, used the Services in a manner that Passion.io deems inappropriate, unlawful, or otherwise not in alignment with Passion.io's desired use of the Services. Passion.io is not required to provide you with notice or the opportunity to remedy your behavior or use of the Services prior to removing your access to the Services.
  3. Effect of Termination.
    1. Upon termination of the Services by either party or upon unpaid payment requests, your content, including, but not limited to, training materials, videos, comments, photos, blog posts, messages, blog URLs, and other materials, will be permanently deleted.
    2. Terminating your Subscription Plan prior to the next billing cycle will prevent future charges but does not entitle the Author to a refund for the current billing period.
    3. Upon termination, we will retain your content for up to 3 months in case you decide to reactivate your account. However, we do not guarantee that your data will be available upon reactivation even within that timeframe. If you wish to permanently delete your data immediately, you may submit a request via [email protected], and we will process the deletion within a reasonable timeframe.
    4. If Passion.io terminates your access to the Services due to a violation of these terms or any misbehavior on your part, it is within their discretion to prevent you from using the Services again at any point in the future.
    5. Sections 3(c), 3(d)(iii), 4, 6, 7, 9, 11, 12, 13, and 14, of this Agreement shall survive termination.
5. Right to Modify Subscription Plan Details.
  1. By agreeing to this Agreement, you give us the right to review, modify, and update Subscription Plan fees and applicable billing periods at any point during your Subscription Plan. Any update in the Subscription Plan fees will take effect upon the renewal of your Subscription Plan.
Author's Warranties; Rights; Obligations
1. Author's Legal Status. You warrant that you have the legal power to enter this Agreement.
  1. Individual. If you are an individual, you warrant that you have the legal capacity to enter into this Agreement with Passion.io. As such, you warrant that you are not a minor.
  2. Business Entities. If you are registering on behalf of a business entity, you warrant that you have the power and authorization to bind the business entity to this Agreement. You further warrant that you are validly formed and existing under the laws of your jurisdiction of formation.
  3. Minors. Minors are individuals under the age of 18 (or a higher age as provided by the jurisdiction in which you reside). The Services is not intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant you are not a Minor. Furthermore, the Product is not directed at children under the age of 18, and Passion.io does not knowingly collect personal information from children. In your use of the Services, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children's Online Privacy Protection Rule (COPPA).
  4. Prohibited Person. By using the Services, you represent and warrant that (i) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity, or nation that is) acting directly or indirectly for or on behalf of any Prohibited Person; and (ii) you have not conducted, nor will you conduct, business with, or engaged, nor will you engage, in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation. Furthermore, it is your responsibility to ensure that: (a) your End-Users do not use the Product in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to any Prohibited Persons.
2. Author's Account. To use the Services, you must register for an account.
  1. You warrant that all information you provide is accurate and complete information.
  2. You agree that you will update all information in your account so that it is up to date at all times.
  3. You may have the option to create an account and connect to the Services using a third-party service (e.g., Facebook or Gmail). You give us permission to access and use your information from that service as permitted by that service and to store your log-in credentials for that Services. You can learn more about the information we collect from these services by reading our Privacy Policy.
3. Use of Your App(s).
  1. You are solely responsible for the activity that occurs on or through your App. We will not be liable for any losses caused by any unauthorized use of your account, and you shall be solely liable for the losses due to such unauthorized use.
  2. It is your responsibility to develop legal policies and guidelines that govern the use of your App by your End-User.
  3. It is your responsibility to ensure your End-Users agree and abide by the separate Terms of Use, Privacy Policy, and Acceptable Use policy maintained in the Google Play and Apple/iTunes App stores.
  4. It is your responsibility to keep your App updated to its most recent version in order for each operating system (Apple and Android). We are not liable for any issues with your App’s functionality due to your failure to keep it updated to the most recent version.
  5. End- Users of your Apps and Web Courses agree to store their account information in a centralized database to enable end users to log into any app created with Passion.io without having to create a new account (similar to Facebook or Google login). The account and personal information will however only be shared with the owner of the respective PassionApp if and when the end user decides to sign into it. This log-in feature enables the User to reuse their log in credentials for any other mobile app created by the same Author with Passion.io without having to create a new account. Please refer to the Privacy Policy for further information on how we keep your data safe. You warrant that you will obtain their permission for Passion.io to process and store their account information. You agree to indemnify and hold harmless Passion.io from any claims arising out of Passion.io's storage and processing of your End-User's account information due to your failure to notify them and gain their consent.
  6. Passion.io will treat the End Users data collected pursuant to Section 4(c)(v) in the same manner we treat author/customer data with respect to deletion, processing and sotrage. Refer to our Privacy policy for more information related to our data collection, processing, and storage policies. Furthermore, you are obligated to inform your End-Users about Passion.io as a data processor for their data and personal information in your privacy policy.
  7. The Passion.io Service includes features that allow your end-users to post content onto your App, including in a community setting. When your End-User engages in these features, they will be able to upload content, including, but not limited to voicenotes, messages, pictures, and videos (“Community Content”). Author is responsible to ensure they maintain appropriate End-User behavior and Passion.io shall not be liable for any claims arising from End-User behavior inside of these communities or from the use of Community Content. Author shall indemnify and hold harmless Passion.io from any claims arise out of the End-User’s behavior in the community or from the use of Community Content.
  8. Author must create and maintain their own Privacy Policy and Terms of Service governing the relationship with End-Users, as outlined in our Help Center. These documents must comply with all applicable laws and clearly disclose data processing practices. If Author fails to provide adequate legal documentation:
    1. Passion.io may, at its sole discretion, apply standard template terms to govern the Author-End-User relationship, but assumes no responsibility for their adequacy;
    2. Author remains fully liable for all End-User relationships and claims regardless of which terms apply;
    3. Passion.io's role remains limited to platform provision only.
      
      Author warrants they have obtained all necessary End-User consents and age confirmations for data collection and processing by both Author and Passion.io, and shall indemnify Passion.io for any claims arising from inadequate legal documentation or privacy law violations.
      ‍
  9. By using the service and/or submitting a support request, you acknowledge and consent to our team temporarily accessing your account as needed to investigate and resolve your issue including but not limited to accessing End-User accounts and content. You are responsible for informing your End-Users of your third-party relationship with Passion.io and mentioning us as a data processor to your End Users.
  10. Responsibility Matrix
    1. Author: Monitors end-user behavior, sets community rules, creates Privacy Policy and Terms of Service for End-Users, obtains necessary consents and age confirmations, informs users of data processing by Author and Passion.io, remains liable for all End-User relationships regardless of which terms apply
    2. Passion.io: Provides platform, processes data as service provider, may apply template terms at discretion, not liable for end-user actions or content
    3. End-Users: Subject to Author's rules, Author's legal policies (or Passion.io templates if Author fails to provide), and app store policies
4. Fair Use Policy.
  1. While we do not impose strict limits on standard use, excessive or abnormal usage patterns that negatively impact the performance of the platform for others may be subject to restrictions. This includes but is not limited to:
    1. Unusually high data usage that exceeds normal user behavior.
    2. Excessive requests to our servers that cause service degradation.
    3. Automated or non-human interactions that increase load beyond reasonable levels.
  2. If a user’s activity is found to violate this policy:
    1. We may issue a warning and request a modification in behavior.
    2. If excessive use persists, we may limit, suspend, or terminate access to the service.
    3. In cases of severe abuse, we reserve the right to take legal action if necessary.
  3. Exceptions & Contact
    1. If you believe your use case requires higher resource access, please contact us at [email protected] to discuss potential solutions.
5. Admin Accounts on Author’s App
  1. Inviting & Managing Admin Users
    1. An Author may invite Admin Users to access and manage their App subject to the availability of this feature.
    2. The Author controls each Admin User’s level of access and may modify or revoke access at any time, for any reason
  2. Admin Users' Agreement to Terms
    1. Once an Admin User accepts an invitation, they must agree to Passion.io’s Terms of Service & Privacy Policy before accessing the App..
    2. The Author is fully responsible for ensuring Admin Users comply with these Terms.
  3. Liability & Indemnification
    1. The Author assumes full responsibility for all actions taken by Admin Users within their App.
    2. Passion.io is not liable for any claims, disputes, damages, or losses arising from an Admin User’s access or misuse of the App and/or Service.
    3. The Author agrees to indemnify and hold Passion.io harmless from any claims related to an Admin User’s conduct
  4. Passion.io’s Rights
    1. Passion.io reserves the right to suspend or terminate any Admin User’s access if they violate Passion.io’s Terms of Service, Acceptable Use Policy, or applicable laws.
6. Use of the Services. Passion.io has spent significant time building amazing Services and Websites that allow our users to discover content and discuss and share that content with others. To ensure it remains a place people feel comfortable sharing, you agree that you will use the Services only in a manner consistent with the Acceptable Use Policy below:
  1. Legal and Ethical Use: You are responsible for your conduct, content, and communications while using the Services. You may not use Passion.io for any unlawful activity or purposes that could lead to physical damage, mental harm, or personal injury.
  2. Access to the Service: We do not provide you with the equipment to use the Services. You are responsible for all fees charged by third parties to access and use the Services (e.g., charges by ISPs or mobile carriers.)
  3. Age Restrictions: You may not provide any individual under the age of 18 (or under any other restricted age as provided in certain jurisdictions) with access to the Services or your content.Services Security and Integrity: You may not interfere with Passion.io's normal operation, attempt unauthorized access, circumvent limitations, reverse engineer the Services, or engage in vulnerability testing without written authorization.
  4. Prohibited Technical Activities: You may not:
    1. Transmit malware, use automated systems to extract data, or engage in abusive usage that affects the Services’s performance for other users.
    2. Engage in bulk scraping or automated data extraction that burdens our servers.
    3. Misuse the platform’s resources in ways that interfere with other users.
    4. Exploit the platform’s features in ways not intended by Passion.io
  5. Content Restrictions: You may not upload content that infringes on intellectual property rights, contains personal/confidential information without consent, or shares false/deceptive information that could cause public harm.
  6. Multiple Account Creation: Author may not create multiple accounts to bypass restrictions or manipulate pricing models. If Author has a legitimate reason to create multiple accounts, they can send this request to [email protected] and each request will be evaluated on a case-by-case basis.
  7. Competitive Use: You may not access or use the Services to build a competing product or for other competitive purposes.
  8. Copying of Content: Use any manual or automated process to monitor or copy any of the material on the Services or Website.
  9. Third-Party Compliance: When using third-party services in connection with Passion.io, you must comply with their respective acceptable use policies.
  10. Recording and Privacy: If you use the Services to record communications, you must comply with all applicable consent laws and privacy regulations.
  11. Enforcement: Passion.io reserves the right to limit access, remove content, suspend accounts, or take other appropriate actions for violations of this policy.
7. Interaction with other Authors. You are solely responsible for your interactions with other authors. We reserve the right, but have no obligation, to monitor disputes between you and other authors. We will have no liability for your interactions with other authors, or for any author's action or inaction.
8. Independently Developed Enhancements. Author may develop, build, or create enhancements in functionality or custom plugins independent of Passion.io.
9. Compliance with Laws.
  1. You must always use the Services in compliance with, and only as permitted by, applicable federal, state, and international laws, regulations, requirements, guidelines, and/or standards (the "Laws"). These include any Laws that apply to your Content, business, websites, and/or mobile applications, including but not limited to those related to privacy and data security, the accessibility of websites and/or mobile applications, taxes, the Health Insurance Portability and Accountability Act (HIPAA), and subscriptions and auto-renewals.
  2. Passion.io is not HIPAA compliant, and currently we have no plans to become so. You represent and warrant you will not use the Services to collect, store, or process any protected health information subject to HIPAA, any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information.
  3. While using the Services, you may come across content created by other Authors or third parties. You must respect the copyright and other intellectual property rights of all third parties. As such, you may not infringe on any copyrights of a third party and must not violate any applicable copyright laws.

App Store
1. Native App. A Native App is an Android App or iOS App that receives an App Store listing on either, or both, of Google Play and Apple/iTunes App stores (individually referred to as an “App Store” and collectively as the “App Stores”). Author understands and agrees that a Native App is not included in every subscription.
2. Payments to App Store. Author understands that any payments made by their End-Users for access to their Apps are collected by the App Stores". Author agrees to abide by the separate refund policies and procedures of each respective app store.
3. App Store Policies; No Guarantee of App Store Approval. As part of our Services, we will review Author's App for Compliance with Google and Apple standards; however, Apple and Google will determine final compliance independently; we cannot guarantee that Authors' App will be published by either the Apple or Google Play. As such, we shall not be liable for any rejections of your App by the App Stores. For details regarding Google and Apple requirements and standards, go to https://play.google.com/about/developer-content-policy and https://developer.apple.com/app-store/review/guidelines, respectively.
4. App Store Application; Registrations; and Rejections.
  1. Passion.io assumes no responsibility for: (a) app store approval, rejection, or removal; (b) app store policy changes; (c) developer account suspensions or bans; (d) app store fee changes; (e) app store technical issues; or (f) any app store-related disputes. Author assumes all app store risks.
  2. In the event an App Store rejects your App, you have the right to immediately downgrade to the next available Subscription Plan that doesn’t include App Store listing and use your Passion App with Passion.io.
  3. You understand you enter the app submission process at your own risk, and the registration of your App on the App Stores is at your own risk. Should either of the App Stores ban your developer account, Passion.io shall not be liable to you or your End-Users in the event your App is removed from either or both App Stores or if the App Stores ban your developer account.
  4. In the event either or both App Stores request additional requirements (such as providing testers for your apps) or have any special requirements due to the nature of your app, you will be solely responsible for meeting these requirements. Passion.io does not include assistance for meeting additional or special requirements for the App Stores in their Services.
  5. Passion.io has full discretion whether to assist with any customization required for App Store compliance. It is not included in the Services, and as such, Passion.io cannot be expected to provide any customization.
  6. If Author decides to terminate their use of the Services or downgrade to a Subscription Plan that does not include a Native App, your Native App will be deleted and removed from the App Stores and you agree to cooperate with the removal process (including removing the Native App from an App Store if necessary).
5. Delivery to App Store. To publish and update apps to Google Play and Apple’s App Store, it is required we provide proprietary information and files such as, but not limited to, APKs, IPAs, P12s, keystore certificates, push notification certificates, etc. These files and information are a proprietary part of our Services and will not be provided to Authors.
  ‍
Author's Content; Intellectual Property Rights; License to Passion.io
1. Author provides Passion.io with a nonexclusive, irrevocable, royalty-free, fully paid-up, worldwide, transferrable, sublicensable, license to (i) use their company and/or trade name and logo on our Website, social media, or any other marketing materials and (ii) use screenshots, excerpts, statistics, and other content from the Author's app or web courses for promotional, case study, or marketing purposes.
2. Passion.io may allow you to post content on the Services, including training materials, videos, comments, photos, blog posts, messages, blog URLs, and other materials. Any content Author submits, posts, displays, or otherwise makes available on the Services, including all Intellectual Property Rights (defined below) therein, is referred to as Author Content. AUTHOR RETAINS OWNERSHIP OF ALL AUTHOR CONTENT."
3. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
4. For any independently built Enhancements, Author shall own and have rights to all intellectual property rights of such independently developed enhancements.
5. By uploading, posting, submitting or otherwise disclosing or distributing Author Content, you represent and warrant that you own all rights in your Author Content and that any Author Content you post (1) does not and will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy/data protection or otherwise violates, or encourage any conduct that would violate, any applicable law, rule, statute, ordinance, court or agency decision or regulation (collectively, the 'Laws'), (2) would not give rise to civil liability, (3) is not fraudulent, false, libelous, misleading or deceptive, (4) is not defamatory, obscene, pornographic, sexual, vulgar or offensive links to an adult orientated, pornographic or otherwise sexually orientated service, (5) does not and will not promote sexually explicit materials, illegal activities, violence, discrimination (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise), bigotry, racism, hatred, harassment or harm against any individual or group (on the basis of age, color, national origin, race, religion, sex, sexual orientation, handicap or otherwise), or (6) is not violent or threatening or promotes violence or actions that are threatening to any person or entity. We reserve the right, but are not obligated, to reject and/or remove any Author Content that we believe, in our sole discretion, violates these provisions. We take no responsibility and assume no liability for any Author Content that you or any other Users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Author Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Author Content. We are not responsible for any public display or misuse of your Author Content.
Passion.io's Intellectual Property Rights; License to Author
1. Passion.io hereby provides to you a non-exclusive license to use the Services during the term of this Agreement in accordance with these Terms of Use and in the manner and to the extent contemplated by the features of the Passion.io Service. Nothing contained herein shall be construed to give you the right, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly perform, publish, adapt, edit, or create derivative works from the Exclusive Content, including without limitation any materials or content accessible on the Services.
2. You acknowledge and agree that other than the Author Content, Passion.io is the owner and licensor of all content and other Intellectual Property (the "Exclusive Content)" associated with the Service, and you shall not receive any license or other rights under this Agreement, except as expressly set forth herein. As such, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Exclusive Content.
3. If we assist the Author with (including coordinating with a 3rd party) providing enhancement(s) to the Service or Software, creating custom functionality, creating custom plugins, including any and all derivatives thereto (collectively referred to as "Enhancements"), even if the Author paid us for such Enhancements, such Enhancements will be owned by us and Author hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership.
4. You may not use Passion.io's service marks, logos, trademarks, trade dress, or business name, in any manner, including as part of trademarks, trade names, or domain names, in connection with any product, service, social media post, or marketing material in any manner that is likely to cause confusion, misrepresentation, or imply an affiliation with Passion.io without Passion.io's prior written approval. Unauthorized use of Passion.io's intellectual property, including but not limited to its branding elements, color schemes, and proprietary designs, is strictly prohibited.
Artificial Intelligence
1. Passion.io may implement Artificial Intelligence features ("AI" or "AI Model") as part of its Service in the future. These features allow you to design your App by interacting with the AI Model and providing specific instructions, commands, cues, or prompts ("Prompts").
2. By using the AI features, you agree and acknowledge that:
  1. Use of Your Data – To the extent permitted by law, Passion.io may use your data to train, improve, and refine the AI Model. This may include, but is not limited to:
3. User Responsibility & AI-Generated Content
  1. You are fully responsible for reviewing and modifying AI-generated content before using it in your App.
  2. Passion.io does not claim ownership over AI-generated outputs. However, by using AI, you grant Passion.io a non-exclusive license to use the content for AI improvement and Service enhancement.
  3. You must not use AI-generated content to create or distribute illegal, harmful, infringing, misleading, or unethical material
4. Limitation of Liability – To the fullest extent permitted by law:
  1. Passion.io is not liable for any damages, losses, or legal claims related to AI-generated content.
  2. Passion.io is not responsible for AI-generated content that is inaccurate, misleading, infringing, or harmful.
  3. You agree to indemnify and hold Passion.io harmless from any claims related to your use of AI-generated content.
Use of Your App Content; Reviews; Publicity
1. You agree Passion.io may use information from your apps, including your name, business name, web courses, renderings of your App, screenshots of Author Content, videos of Author Content, text from your App and Web Courses, and statistics regarding the number of users of your App, your revenue generated using the App, and any other statistics that may demonstrate your business growth ("App Content") at any time, throughout the world, and with no compensation paid to any party, for the purpose of advertisement or sales promotion of the Services. You agree Passion.io may use the App Content on their website, social media, or any other marketing materials, including, but not limited to reference lists, email and text message marketing, presentations, advertisements, press releases, or educational materials.
2. You may choose to submit comments, ideas, or feedback about the Services, including without limitation how to improve the Services or our products ("Feedback"). You agree we may use the Feedback at any time, throughout the world, and with no compensation paid to any party, for the purpose of advertisement or sales promotion of the Services.
Third-Party Links, Sites, and Services.
1. The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that we do not own or control. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for their availability. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials available on or through such sites or resources.
2. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss resulting from your use of or reliance on any such content, goods, or services available through any third-party site or resource. You understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Services and to review the terms and conditions and privacy policy of any third-party website or service you visit.
Privacy
1. We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.
2. As previously mentioned, Passion.io is not certified to collect, process, or store health-related information. As such, you are strictly prohibited from collecting health-related information from your End-Users. Passion.io will not be liable for, and you agree to indemnify Passion.io from, any and all claims arising out of any collection of health-related information in violation of this Agreement.
3. Passion.io does not collect special category information and/or data from Authors and does not permit Authors to collect special category information and/or data from its End-Users. Passion.io will not be liable for, and you agree to indemnify Passion.io from, any and all claims arising out of any collection of any special category information and/or data from your End-Users in violation of this Agreement.
Indemnification. You will defend, indemnify and hold harmless Passion.io, its subsidiaries and Affiliates, and their respective officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to your use of the Passion.io Services, any breach of this Agreement or any Additional Agreement or any violation of any laws. Passion.io may assume, at its expense, the exclusive defense and control of any matter for which you have agreed to indemnify Passion.io, and you agree to assist and cooperate with Passion.io in the defense or settlement of any such matters, provided that Passion.io will not, without your prior written consent (not to be unreasonably withheld, delayed or conditioned), enter into any settlement or compromise of any claim that results in an admission of liability or wrongdoing on your part or creates any obligation on your part. If Passion.io does not assume the defense and control of such matter, Passion.io may, at its option and its sole expense, elect to control all or part of its own defense. Passion.io will provide you with prompt written notice upon receiving notice of any claim subject to indemnification under this Agreement, provided that failure to provide such notice shall not relieve you of any liability except to the extent that such failure materially prejudices your legal rights.
No Warranty; Limitation of Damages. ‍
1. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PASSION.IO NOR ANYONE ASSOCIATED WITH PASSION.IO, INCLUDING OUR AFFILIATES AND/OR LICENSORS, MAKES ANY SPECIFIC PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES OR THE WEBSITE. FOR EXAMPLE, PASSION.IO DOES NOT MAKE ANY COMMITMENTS OR GUARANTEES ABOUT (A) THE CONTENT WITHIN THE PASSION.IO SERVICES OR WEBSITE, (B) THE SPECIFIC FUNCTIONS OF THE SERVICES OR WEBSITES, (C) THE IMPACT THE SERVICES WILL HAVE ON YOUR BUSINESS, INCLUDING THE ABILITY TO GROW YOUR BUSINESS, INCREASE YOUR REVENUE, OR ATTRACT MORE CLIENTS, OR (D) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING AUTHOR CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR USE OF THE SERVICES. PASSION.IO PROVIDES THE SERVICES AND THE WEBSITES "AS IS".
2. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY ADDITIONAL AGREEMENT, PASSION HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, IN RESPECT OF THE SERVICES AND WEBSITES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES AND OR WEBSITE IS AT YOUR OWN RISK.
3. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
4. Any information provided by Passion.io in help articles, examples, or the like are provided for informational purposes only and are provided without any warranty, express or implied, including as to their legal effect and completeness. Passion.io cannot provide you with any legal or tax advice and encourages you to consult with legal and tax counsel and website accessibility consultants of your own selection and at your own expense to ensure your compliance with all applicable Laws. You agree that you are solely and exclusively responsible for your website and mobile applications and the entirety of your Content, including compliance with Laws and following your published policies.
5. TO THE FULLEST EXTENT PERMITTED BY LAW, PASSION.IO (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL NOT BE RESPONSIBLE FOR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUES, LOSS OF GOODWILL, LOST DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS EXCLUSION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PASSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PASSION FOR ANY CLAIMS IN RESPECT OF THE SERVICES, WEBSITE OR THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE TOTAL FEES PAID TO PASSION IN CONNECTION WITH YOUR CONTENT DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST SUCH CLAIM. THIS LIMITATION ON LIABILITY WILL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.
7. You understand that Passion.io cannot and does not guarantee or warrant that files available for downloading from the internet or the Services or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services and Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, PASSION.IO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
8. NOTHING IN THIS SECTION SHALL AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law; Jurisdiction Dispute Resolution.
1. Governing Law. This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Delaware without regard for the conflict of law rules of any jurisdiction. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated by this Agreement.
2. Subject to Section 12, any dispute, claim, or controversy arising out of or in connection to this Agreement, the Services shall be heard and determined exclusively in any state or federal court located in the State of Delaware.
3. Arbitration. At Passion.io's sole discretion, Passion.io may require you to submit any disputes arising from this Agreement or use of the Passion.io Services or the Passion.io Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware State law.
4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY AND EXPRESSLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ADDITIONAL AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
Miscellaneous
1. Entire Agreement. This Agreement and the Privacy Policy sets forth the entire Agreement and understanding of the Parties relating to the subject matter hereof and supersedes any and all prior oral and written agreements, understandings, and quotations relating thereto. No waiver, amendment, alteration, modification, or cancellation of any of the provisions of this Agreement shall be binding unless made in writing and signed by the Parties.
2. Severability. If any provision of this Agreement is invalid or unenforceable, such provision will be enforced only to the extent that it is not in violation of such law or is not otherwise unenforceable, and all other provisions of this Agreement will remain in full force and effect.
3. Waiver. The failure of a party in any one or more instances to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms on any future occasion.
4. Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters (such as earthquakes, hurricanes, floods, wildfires, or other extreme weather conditions), pandemics, epidemics, or other public health emergencies, acts of terrorism, war, civil unrest, governmental actions, labor strikes, supply chain disruptions, utility failures, cyberattacks, equipment failures, or the discontinuance or unavailability of essential products or services.

If a force majeure event occurs, we will make reasonable efforts to mitigate its impact and resume performance as soon as practicable. However, if the event continues for an extended period, we reserve the right to modify, suspend, or terminate the affected services without liability.

Embargoes. Use of our Product for any dealings, engagement, or sale of goods/services linked directly or indirectly with jurisdictions that Passion.io has deemed high risk, such as Cuba, Iran, North Korea, Syria, Russia, Belarus, Venezuela, Afghanistan, Myanmar (Burma), Crimea, Donetsk and Luhansk regions, Somalia, South Sudan, Yemen, Zimbabwe, Sudan, and any other countries subject to comprehensive sanctions by the US, EU, UK or UN is prohibited, is prohibited. You are not permitted to use our Product if you are, or you are owned or controlled directly or indirectly by, any person, group, entity, or nation, named on any list issued by the Department of the Treasury's Office of Foreign Asset Control ("OFAC"), or any similar list or by any law, order, rule, or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person", terrorist, or other banned or blocked person (collectively, a "Prohibited Person").
No Third-Party Beneficiaries. This Agreement is made for the benefit of Passion.io, its Affiliates and you only and is not for the benefit of, and was not created for the benefit of, any other parties.
Independent Contractors. You and Passion.io agree your relationship is of independent contractors. Nothing in this Agreement, the Terms of Use or the Additional Agreements creates any employment relationship, partnership, joint venture, franchise or agency relationship between you and Passion.io.
Notices. Any notice that is required or permitted hereunder shall be deemed given only if delivered personally or by registered or certified U.S. mail, return receipt requested and postage prepaid, or by a nationally recognized overnight delivery service at:

‍

Independence284 Inc.
Delaware, 2035
Sunset Lake Road, Suite B-2
Newark, 19702, New Castle
USA

‍

Last updated: September 19, 2025

Start creating your app in minutes