PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU ARE IN CRISIS OR NEED IMMEDIATE HELP, PLEASE SEE SECTION 9.
These Terms and Conditions (the "Terms") are a binding legal agreement between you ("the User", "you", "your") and TORTCO (referred to as "TORTCO", “Tortco”, "we", "us", "our"). TORTCO is a nonprofit organization dedicated to mental wellness. These Terms govern your use of our website at tortco.com, our forthcoming mobile game application, our articles and insights, community features, and all related services (collectively, the "Platform").
By accessing or using the Platform, creating an account, subscribing to our services, joining our community, or making a donation, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
IMPORTANT HEALTH DISCLAIMER: TORTCO PROVIDES GAMES, ARTICLES, INSIGHTS, NEWS, AND COMMUNITY TOOLS DESIGNED TO SUPPORT MENTAL WELLNESS AWARENESS AND EDUCATION. WHILE OUR GAMES ARE DEVELOPED IN COLLABORATION WITH LICENSED MENTAL HEALTH PROFESSIONALS, WE ARE NOT A MENTAL HEALTH CARE PROVIDER. OUR PLATFORM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
Definitions
"Games" means the interactive mobile game experiences developed by TORTCO, accessible via our website or mobile applications, designed to promote mindfulness, stress reduction, and emotional regulation.
"Community" means any forums, social features, or interactive spaces on the Platform where users can engage in mental health conversations and access supportive environments.
"User Content" means any information, text, files, in-game responses, forum posts, comments, or other materials that you submit, upload, or generate on the Platform.
"Mental Wellness Tools" means the interactive features, educational content, and activities within the Games designed to promote mental wellness skills.
"Personal Data" means any information relating to an identified or identifiable individual, which may include sensitive information you choose to share about your mental health.
"Subscription" means the recurring fee-based access to premium Games and features.
"Institutional License" means a customized license agreement for schools, businesses, healthcare providers, and other organizations seeking to implement our wellness programs.
"Mental Health Professionals" means the licensed psychologists, therapists, and counselors who collaborate with TORTCO in developing our Games and content.
ABOUT TORTCO & OUR SERVICES
TORTCO is a nonprofit organization with a mission to empower everyone with innovative mobile game experiences to transform mental wellness awareness and education. We believe mental health deserves more than just talk, and we strive to provide interactive tools for real change.
Who We Serve: Tortco's resources are designed for anyone looking to improve their mental wellbeing. Our content is accessible and adaptable for diverse age groups and backgrounds. Our users range from:
Individuals seeking personal growth and stress management tools;
Organizations implementing wellness programs, including schools, businesses, and healthcare providers.
Our Games
Tortco's games are designed with mental wellness at their core. We work with licensed mental health professionals, including psychologists, therapists, and counsellors, to develop games that promote:
Mindfulness;
Stress reduction;
Emotional regulation.
Platform Access
You can access our games through
a) Our website at https://tortco.com/
b) Our mobile app, available for download on Android platforms.
How to Support Our Mission
There are several ways to support Tortco's mission and help us continue developing mental wellness tools:
Make a direct donation through our Platform;
Become a monthly supporter;
Volunteer your professional skills;
Help spread the word about our work;
Purchase our premium games and resources (subscriptions), which directly supports continued development.
No Therapeutic Relationship
Your use of the Games, articles, or Community does not create a therapeutic, doctor-patient, or counselor-client relationship between you and TORTCO, its employees, volunteers, partners, or the mental health professionals who consult on our content. All tools are for self-guided exploration and education.
For Informational and Educational Purposes Only
All content and tools provided are for informational and educational purposes only. They are not intended to diagnose, treat, cure, or prevent any mental health condition or disease. While we collaborate with mental health professionals, the content they help develop is for general wellness education and does not constitute personalized professional advice.
ELIGIBILITY AND ACCOUNT CREATION
Age Requirement
The Platform is intended for users aged 13 and older.
You may not use the Platform if you are under 13.
If you are between 13 and 18 years of age, you represent that you have obtained parental or legal guardian consent to use the platform and that your parent or guardian has read and agreed to these Terms on your behalf.
Parental/Guardian Responsibility
Parents and legal guardians who permit a minor age 13 to 17 to use the Platform are responsible for supervising that minor’s use of the Platform and for the minor’s compliance with these Terms.
Account Registration & Accuracy
To access certain features, you may be asked to sign in using a third-party login provider, such as Google. When you use a third-party login, your access to that service is also subject to the provider’s own terms and privacy practices. We are not responsible for the third-party provider’s services.
All information provided during registration and use of the Platform must be accurate, complete, and up-to-date. The Platform reserves the right to suspend or terminate any account that provides false or misleading information.
Users are responsible for maintaining the confidentiality of their login credentials and restricting access to their account. Users agree to accept full responsibility for all activities that occur under their account and must notify the Platform immediately if they suspect any unauthorized use or breach of security. The Platform shall not be liable for any loss or damage arising from failure to comply with this security obligation.
You are fully responsible for all activities that occur under your account.
Some gameplay and progress information may be stored locally on your device rather than on TORTCO’s servers.
Right to Refuse Access
TORTCO reserves the right, in its sole and absolute discretion, to refuse registration for, or suspend or terminate access to, the Platform by any User at any time, with or without cause. This includes, but is not limited to, situations where:
The User fails to meet any eligibility or compliance requirement outlined in these Terms;
TORTCO believes, in its sole discretion, that the User's use of the Platform is in violation of these Terms or any applicable law;
TORTCO determines, for any reason, that the User's conduct or association poses an unacceptable legal, reputational, or regulatory risk to TORTCO, its affiliates, partners, or the Platform's user community.
SUBSCRIPTIONS, FEES, AND INSTITUTIONAL LICENSES
Free Games
Certain games are available at no cost. We may modify which games are offered for free at any time.
Premium Subscriptions
Access to premium games and features requires payment of subscription fees.
Subscriptions are billed in advance on a monthly or annual basis as selected during sign-up.
Subscription fees are non-refundable except as expressly provided in these Terms or required by applicable law.
Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date.
You may cancel your subscription through your account settings or by contacting privacy@tortco.com.
We reserve the right to change subscription fees. Continued use after the fee change constitutes acceptance of the new fees.
Institutional Licenses
Schools, businesses, healthcare providers, and other organizations may purchase institutional licenses.
License terms, including number of authorized users, duration, and fees, will be specified in a separate written agreement.
The organization is responsible for ensuring compliance with these Terms by all its authorized users.
For schools and organizations serving minors, the organization represents that it has obtained all necessary parental consents and will supervise minors' use of the Platform.
Payment Processing
Payments for subscriptions and donations are processed through third-party payment processors.
Your use of third-party services is at your own risk and governed by their terms and privacy policies. We recommend reviewing those terms before using such services.You authorize us to charge your selected payment method for all fees incurred.
If payment fails, we may suspend access to premium features until payment is successfully processed.
Taxes
You are responsible for all applicable taxes, duties, and governmental charges associated with your subscription or donations.
USER CONDUCT & CONTENT
Acceptable Use
You agree to use the Platform only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment. Prohibited behavior includes:
Harassing, threatening, or intimidating other users;
Impersonating any person or entity;
Attempting to gain unauthorized access to another user's account or TORTCO's systems;
Using the Platform to upload or transmit any viruses, malware, or harmful code;
Posting any content that is defamatory, obscene, abusive, or invasive of another's privacy;
Using the Platform for any commercial purpose without our written consent;
Violating any applicable laws or regulations.
Community Guidelines
When participating in our Community, you agree to
Foster a safe, supportive, and respectful environment;
Refrain from giving medical advice or diagnosing others;
Respect the privacy and confidentiality of other users;
Avoid sharing content that could trigger or harm vulnerable individuals;
Report any concerning behavior to Privacy@tortco.com.
Safeguard Your Privacy
Do not share personally identifying information (like your full name, address, phone number, or specific location) publicly within the Community. We are not responsible for information you choose to share with others.
Do not share content that could identify others without their explicit consent.
No Monitoring Obligation
We are not obligated to monitor User Content but reserve the right to review, remove, or edit content that we believe, in our sole discretion, violates these Terms, our Community Guidelines, or could cause harm to users or others.
DONATIONS AND FUNDRAISING
As a nonprofit organization, TORT CO accepts donations to support the development of our mobile game experiences and mental wellness resources. Your contributions make a significant difference in our ability to create positive impact.
Use of Donations
Donations are used to support our mission, including game development, research, community programs, and operational expenses. We do not guarantee that donations will be used for any specific purpose unless expressly designated by the donor and accepted by us.
Unless otherwise agreed in writing, all donations are considered unrestricted gifts and will be used at TORT CO's discretion to further our mission where the need is greatest.
Donor Guidelines
By donating, Donors agree to the following
Donations are voluntary and non-refundable, except in cases of proven fraud.
Due Diligence: TORT CO encourages you to research the goal of funding before donating.
Donations may be processed via GoFundMe or directly through our Platform.
When you donate, you may be subject to the terms and privacy policies of these third-party processors.
Neither the Platform nor TORT CO is not responsible for disputes over donation usage.
Illicit funds: Donor agree not to launder any illicit funds through donation on the Platform.
Donor Warranties
Donors warrants that their donations
a) represent legitimate funds obtained through legal means.
b) are not intended to facilitate money laundering, terrorism financing or any unlawful activity.
INTELLECTUAL PROPERTY
TORTCO's IP
All Games, software, artwork, music, narratives, articles, trademarks, and content on the Platform (excluding User Content) are the exclusive property of TORTCO or its licensors and are protected by copyright, trademark, and other intellectual property laws.
License to You
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended, non-commercial purpose.
Restrictions
You shall not
a) Copy, modify, distribute, sell, or lease any part of the Platform;
b) Reverse engineer, decompile, or attempt to extract the source code of our software;
c) Remove any copyright or proprietary notices;
d) Use our trademarks without prior written permission.
Feedback
Any suggestions, ideas, or feedback you provide about the Platform may be used by TORTCO without restriction or compensation.
PROFESSIONAL COLLABORATION DISCLAIMER
Role of Mental Health Professionals
TORTCO collaborates with licensed mental health professionals in the development of our Games and content. Their role is to:
Provide expertise;
Ensure content aligns with current mental health research;
Help design games that promote genuine wellness skills.
Limitation
The involvement of mental health professionals does not
Create a therapeutic relationship between you and these professionals;
Constitute personalized professional advice for your specific situation;
Guarantee that our Games will achieve any particular outcome for you;
Mean that our content is a substitute for professional treatment.
Independent Judgment
The mental health professionals who consult for TORT CO are independent contractors and not employees. They are not responsible for your use of the Platform, or any decisions you make based on its content.
ORGANISATIONAL USE AND INSTITUTIONAL RESPONSIBILITIES
Organizations as Users
If you are using the Platform on behalf of an organization (including schools, businesses, or healthcare providers), you represent that you have authority to bind that organization to these Terms.
Additional Responsibilities for Schools and Youth-Serving Organizations
You represent that you have obtained all necessary parental or guardian consents for minors to use the Platform;
You agree to supervise minors' use of the Platform;
You are responsible for ensuring that your use complies with applicable laws;
You agree to notify us immediately if you become aware of any risk to minors using the Platform.
Healthcare Providers
If you are a healthcare provider using our Platform with clients, you remain solely responsible for your professional relationship with your clients and for any advice or treatment you provide.
HEALTH DISCLAIMERS AND CRISIS RESOURCES
Not a Substitute for Professional Help
TORTCO'S GAMES, ARTICLES, AND COMMUNITY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION.
No Medical Claims
Our Platform and its content are not regulated as medical devices and are not intended to diagnose, cure, treat, or prevent any mental health condition or disease. Individual results may vary.
Emergency Situation
TORT CO IS NOT A CRISIS OR EMERGENCY RESPONSE SERVICE. DO NOT USE THE PLATFORM IN AN EMERGENCY.
If you are in crisis or believe you may harm yourself or others, please stop using the Platform immediately and contact a qualified professional or emergency services.
SECURITY PROCEDURED
You are solely responsible for maintaining the security of your mobile device and for any unauthorised use of your mobile device to access the service. You agree to lock your mobile device and the SIM card with a password or number code whenever it is not in use to prevent unauthorised use of the service. In addition, you agree to notify us immediately in the event you become aware of any unauthorised use of the Service or threat of unauthorised use of the service.
AVAILABILITY
There may be events during which the Platform’s services will be unavailable. This may be due to factors such as scheduled maintenance or interruption in Internet service. You agree that to the extent not prohibited by applicable law, We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to any losses incurred by Users or third parties due to service unavailability.
RESTRICTIONS ON USE
You agree not to use the Service for any illegal, fraudulent, unauthorised, or improper manner or purpose and agree that the Service will only be used in a manner that complies with all applicable laws, rules and regulations.
DISCLAIMERS & LIMITATION OF LIABILITY
Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Platform and Games are provided "as is" and "as available" without warranties of any kind, either express or implied. Tort CO expressly disclaims all warranties, including:
implied warranties of merchantability, fitness for a particular purpose (including for any specific mental health outcome), and non-infringement;
warranties regarding the accuracy, reliability, or completeness of any content;
warranties that the games will achieve any particular wellness results.
We do not warrant or make any representations regarding the availability, accuracy, reliability, or security of the Platform, including but not limited to:
Rundown Times: We do not guarantee uninterrupted or error-free operation of the Platform. You acknowledge that the platform may be subject to occasional limitations, delays, and downtime. We shall not be liable for any damages or losses arising from such rundown times.
Viruses: We do not warrant that the Platform or any content accessible through it will be free from viruses, malware, or other harmful components. You are responsible for implementing suitable measures to protect your systems and data, and we shall not be liable for any damages or losses resulting from viruses or similar harmful components.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Tort CO, its directors, officers, employees, volunteers, consultants, or mental health professional collaborators be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or opportunity, arising out of or related to your use or inability to use the platform, even if advised of the possibility.
Cap on liability
To the extent not prohibited by law, Tort CO's total aggregate liability for all claims arising under or related to these terms shall not exceed the total fees paid by you during the one (1) month immediately preceding the event giving rise to the liability.
No liability for user actions
We are not responsible for the conduct of any user, whether online or offline. You are solely responsible for your interactions with other users.
You acknowledge that the disclaimers and limitations in this section are an essential basis of these terms, and that Tort CO would not provide the platform without them.
Indemnification
You agree to indemnify, defend, and hold harmless TORT CO, its affiliates, and their respective directors, officers, employees, volunteers, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:
a) Your use or misuse of the Platform;
b) Your User Content;
c) Your breach of these Terms or applicable laws;
d) Your violation of any third-party rights;
e) Any dispute between you and other users.
Acceptance of Agreement; Amendment
Your use of the service constitutes your acceptance of this Agreement and other amendment that may be made from time to time. We will notify you of any material change to the Agreement by email or Short Message Service (SMS) messaging or by putting up a link on our website. Such amendments shall become effective upon notification or such later date as may be stated in the notice. If a change is made for security purposes, we may implement the change without prior notice to you. If you do not agree with the change, you may discontinue using the service. However, your continued use of the service will indicate your acceptance of and agreement to any changes to the Service.
Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Iowa, U.S.A. without the conflict of laws principles.
The Parties shall use all reasonable endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion. Both parties shall cooperate in good faith for 30 days to resolve the matter.
The decision of the arbitrator shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction thereof.
Miscellaneous
We may waive enforcement of any provision of this Agreement. Any such waiver shall not affect our rights with respect to any other transaction or modify the terms of this Agreement. No waiver of any breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement. If any provision of this Agreement is held to be unenforceable or invalid by any court or regulatory authority of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.
Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for conduct we believe violates these Terms or is harmful to others. Upon termination, your rights to use the Services immediately cease.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at Legal@tortco.com