ReliefAI Terms of Service
1. Agreement. The following Terms of Service (the “Terms”) constitute a binding agreement between you and ReliefAI Health, Inc. (“ReliefAI,” “we,” “our,” and “us”), regarding your use of ReliefAI’s website (the “Website”) and mental health wellness mobile application (the “Application”, and together with the Website, the “Services”). You can use the Application to manage your care as agreed between you and your therapist (your “Provider”).
By accessing or using the Services in any manner, you agree to be bound by these Terms.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH SECTION 19 BELOW.
2. Privacy. ReliefAI respects your privacy. To learn more about how we handle personal data, please see our Privacy Policy.
3. Eligibility. There are no eligibility requirements for you to visit our Website. However, you may only use the Application if you are at least 18 years of age and you are invited by your Provider.
4. Modification to Terms. ReliefAI reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
5. User Accounts. You are required to create an account if you want to use the Application.
You promise to provide us with accurate, complete, and updated registration information about yourself. You are responsible for maintaining the confidentiality of your account, and are fully responsible for any and all activities that occur under your account. You agree to immediately notify ReliefAI of any unauthorized use of your account or any other breach of security. ReliefAI will not be liable for any loss or damage arising from your failure to comply with this section.
If you would like us to terminate your account, you can either email us at privacy@reliefai.co or ask your Provider to remove your account.
6. Acceptable Use. Conditioned upon your compliance with these Terms, ReliefAI hereby grants you permission to access and use the Services, and you further specifically agree that your use will adhere to the following restrictions and obligations:
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You may only use the Services for your own personal use and in accordance with these Terms and any codes of conduct provided by ReliefAI. You may not transfer your access to others or allow others to access the Services through your own access.
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You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
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You may not use the Services in any manner that ReliefAI deems to be harmful, violent, fraudulent, deceptive, explicit, inappropriate, threatening, harassing, defamatory, obscene, or otherwise objectionable.
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You may not bulk copy or “scrape” any portion of the Services content using a bot or other tool.
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You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
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You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.
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You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services.
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You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Services or associated documentation.
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You may not access the Services for the purpose of building a similar or competitive product, course, or service, or share with or assist any third party in doing so.
7. Content.
(a) ReliefAI Content. ReliefAI owns all right, title and interest in and to the materials available through the Services other than Your Content and Provider Content (each as defined below), including, but not limited to, text, graphics, documents, data, articles, photos, images, videos, and illustrations (all of the foregoing except Your Content and Provider Content, the “ReliefAI Content”).
Conditioned upon your compliance with these Terms, ReliefAI hereby grants you a limited, non-exclusive, non-transferable license, to access and use the Services and ReliefAI Content in accordance with these Terms. You have no right to sublicense the rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the ReliefAI Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ReliefAI or its licensors, except for the licenses and rights expressly granted in these Terms.
(b) Your Content; Provider Content. As between you and ReliefAI, you own all of the content and data that you submit through the Application (collectively, “Your Content”). As between us and your Provider, your Provider owns all of the content your Provider submits through the Application (“Provider Content”). You hereby grant to ReliefAI a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, access, copy, adapt, modify, and otherwise exploit Your Content, in any media, solely as necessary to provide the Application to you and our associated services to your Provider. Other than disclosures to your Provider and to ReliefAI’s service providers (as further explained in ReliefAI’s Privacy Policy), ReliefAI will not disclose Your Content or otherwise use Your Content for any other purpose without your prior written permission.
You acknowledge and agree that you are solely responsible for Your Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to ReliefAI the license above. If Your Content violates these Terms in any way, we reserve the right to remove Your Content from the Application.
(c) ReliefAI Data. ReliefAI will collect usage data about how its users use the Services in order to monitor performance of the Services and improve the Services. In addition, ReliefAI may de-identify and aggregate Your Content and use that de-identified and aggregated data to improve the Services. All usage data and de-identified, aggregated data is referred to in these Terms as “ReliefAI Data”. ReliefAI owns all right, title, and interest in and to the ReliefAI Data.
8. Apple App Store Terms. The terms in this section apply to the Application if downloaded through Apple, Inc.’s (“Apple”) Apple Store:
(a) Both you and ReliefAI acknowledge that these Terms are concluded between you and ReliefAI only, and not with Apple, and that Apple is not responsible for the Application or ReliefAI Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Application;
(c) You will only use the Application in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the App;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that ReliefAI, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, ReliefAI, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and ReliefAI acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
(j) Both you and ReliefAI acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
9. Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Application (“Feedback”). You agree that ReliefAI has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Application.
10. Modification to Services. ReliefAI may modify the Services from time to time. ReliefAI shall have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other third party may incur as a result of changes to the Services.
11. Termination. ReliefAI may terminate these Terms and disable your access to the Services by providing written notice to you if (a) your Provider asks us to, (b) your Provider ceases to use our services, or (c) you breach these Terms. You may terminate your account at any time as explained in Section 5.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us.
12. Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold ReliefAI, its affiliates, officers, agents, and employees harmless from and against any and all third-party claims, and any resulting liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) any dispute between you and your Provider or other users.
13. Disclaimer of Warranties; Release.
(a) PROVIDERS. YOU ACKNOWLWEDGE THAT RELIEFAI IS NOT AN AGENT FOR YOUR PROVIDER, AND IS NOT RESPONSIBLE FOR ANY ACTIONS OR OMISSIONS OF YOUR PROVIDER.
(b) NO MENTAL HEALTH SERVICES. YOU ACKNOWLEDGE THAT RELIEFAI IS NOT A PROVIDER OF MENTAL HEALTH OR OTHER MEDICAL SERVICES, AND THE SERVICES DO NOT CONSTITUTE MENTAL HEALTH CARE BY OR ON BEHALF OF RELIEFAI. THE SERVICES ARE SOLELY DESIGNED TO ASSIST LICENSED MENTAL HEALTH PROFESSIONALS, SUCH AS YOUR PROVIDER.
(c) General Disclaimer. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND RELIEFAI CONTENT ARE PROVIDED “AS IS,” AND RELIEFAI AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. RELIEFAI AND ITS AFFILIATES DO NOT GUARANTEE ANY RESULTS REGARDING YOUR USE OF THE SERVICES. RELIEFAI AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.
(d) Release. You hereby expressly release ReliefAI from any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and your provider or any other users or third parties.
14. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL RELIEFAI BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO RELIEFAI IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Notices. Any notices or other communications permitted or required hereunder will be in writing and given by ReliefAI (a) via email (in each case to the address that you provide) or (b) by posting to the Services.
16. No Waiver. The failure of ReliefAI to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
17. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without ReliefAI’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. ReliefAI may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third-party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
18. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
19. Governing Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, the County of Santa Clara, California. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing obligation to arbitrate disputes, you acknowledge that a breach of Sections 6 (Acceptable Use) and 7 (Content) will cause irreparable harm to ReliefAI, for which damages will be difficult to ascertain, and therefore you hereby agree that ReliefAI shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, without the necessity of proving actual damages or posting any bond. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the County of Santa Clara, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND RELIEFAI ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20. Entire Agreement. These Terms constitute the entire agreement between you and ReliefAI regarding your use of the Services, and supersede all prior written or oral agreements.
21. Contact Us. If you have any questions about the Services, please do not hesitate to contact us at privacy@reliefai.co