- Background. The Service is intended to serve as a “safe zone” for teenagers and other individuals who are experiencing negative feelings (including anxiety and depression), allowing them to communicate freely with the Service’s chatbot. After each chat with the chatbot, we analyze the chat content, providing the relevant analytics to better understand the specific issues for each user to the healthcare professional(s), if any, who referred user to the Service.
- Our Service is not a substitute for consultation with your physician, psychiatrist, psychologist or other clinician or therapist. If you have any suicidal thoughts or thoughts of endangering yourself or others, contact 911 or other emergency authorities immediately. For more information and help, please see https://suicidepreventionlifeline.org/.
- Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Service, and your continued use of the Service thereafter means that you accept those changes.
- Ability to Accept Terms. The Service is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Service. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Service to make sure that you and your parent or guardian understand these Terms and agree to them.
- Service Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Service provided that you comply with these Terms and applicable law.
- Restrictions. You shall not: (i) copy, distribute or modify any part of the Service without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Service; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Service; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service.
- Account. In order to use some of the services of the Service, you may have to create an account (“Account“). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify CoBe Labs immediately of any breach of security or unauthorized use of your Account. As between you and CoBe Labs, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to CoBe Labs at email@example.com.
- User Record. In addition or alternately, CoBe Labs may create a temporary user record for each user in order to use our Service (the “User Record“). The Account undertakings mentioned in Section 7 will apply on the User Record, and you agree to be bound by these undertakings.
- Payments to CoBe Labs. Except as expressly set forth in the Terms, your general right to access and use the Service is currently for free, but CoBe Labs may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Service unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Service.
- Intellectual Property Rights.
- Content and Marks. The (i) content on the Service, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials“), (ii) and User Submissions, as defined below (together with the Materials, the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of CoBe Labs and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “CoBe”, “CoBe Labs”, the CoBe Labs logo, and other marks are Marks of CoBe Labs or its affiliates. All other trademarks, service marks, and logos used on the Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Service and the Content.
- Use of Content. Content on the Service is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.
- User Submissions.
- Responsibility. The Service permits the submission, hosting and limited sharing of Content by you (“User Submissions“). We generally keep User Submissions private, but share them in the following limited circumstances: (a) to the relevant authorities, if CoBe Labs believes it is required by law, or would be important to protect the safety of the user, (b) to the professional(s) who referred you to the Service, and (c) for research, including by academics, which will often be on an anonymized or de-identified basis. You shall be solely responsible for your User Submissions and the consequences of submitting them. We reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Service (including User Submissions) at any time and for any reason.
- Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize CoBe Labs to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable use thereof as contemplated by the Service and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Su bmissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
- License to User Submissions. By submitting the User Submissions to CoBe Labs, you hereby grant CoBe Labs a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service and CoBe Labs’ business, including without limitation for distributing part or all of your User Submissions (and derivative works thereof) as permitted herein and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each professional which referred you a non-exclusive right to use such User Submissions in their individual judgment.
- Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
- Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Service is accurate, complete, reliable, current, or error-free, or that the artificial intelligence engine powering the Service (which helps respond to users and creates the insight reports), is always accurate. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- CoBe Labs permits you to link to the Service provided that: (i) you link to but do not replicate any page on this Service; (ii) the hyperlink text shall accurately describe the Content as it appears on the Service; (iii) you shall not misrepresent your relationship with CoBe Labs or present any false information about CoBe Labs and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website“) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
- Warranty Disclaimers.
- This section applies whether or not the services provided under the Service are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COBE LABS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COBE LABS DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. WE DO NOT WARRANT THAT THE SERVICE OR THE ARTIFICIAL INTELLIGENCE ENGINE THAT POWERS THE SERVICE AND INSIGHTS WILL ACCURATELY ANALYZE EACH STATEMENT OR CONTENT SUBMITTED; IT MAY MISINTERPRET OR OVERLOOK LANGUAGE OR OTHER CONTENT (INCLUDING WITHOUT LIMITATION SLANG, ACRONYMS OR SUBTEXTS) OR DRAW INCORRECT CONCLUSIONS. THE SERVICE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT COBE LABS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. YOU ALSO UNDERSTAND THAT OUR SERVICE CURRENTLY RUNS ON TELEGRAM, AND THUS YOU ARE SUBJECT TO THE TERMS AND POLICIES AND PERFORMANCE AND AVAILABILITY OF TELEGRAM, AN INDEPENDENT THIRD PARTY WE DO NOT CONTROL. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICE BY A THIRD PARTY.
- COBE LABS DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
- WHILE THE SERVICE MAY PROVIDE ACCESS TO CERTAIN GENERAL MEDICAL INFORMATION THE SERVICE CANNOT AND ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE. WE ADVISE YOU TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING YOUR PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY.
- YOU ACKNOWLEDGE THAT ALTHOUGH SOME OF THE CONTENT THAT IS PROVIDED TO YOU THROUGH THE SERVICE, (INCLUDING INFORMATION PROVIDED IN DIRECT RESPONSE TO YOUR QUESTIONS OR POSTINGS) MAY BE PROVIDED BY INDIVIDUALS IN THE MEDICAL PROFESSION OR OTHER CLINCIANS OR PROFESSIONALS, THE PROVISION OF SUCH INFORMATION DOES NOT CREATE A PHYSICAN- PATIENT OR OTHER PROFESSIONAL-PATIENT RELATIONSHIP BETWEEN THE SERVICE AND THE USER, AND DOES NOT CONSTITUTE A MEDICAL OPINION, MEDICAL ADVICE, (OR AN OPINION OR ADVICE OF ANOTHER PROFESSIONAL), OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION BY THE SERVICE, BUT IS PROVIDED BY THOSE INDIVIDUALS IN THE MEDICAL PROFESSION OR OTHER PROFESSIONALS TO ASSIST YOU IN COMPLETING YOUR SELF-HELP PROGRAM.
- DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IN THE UNITED STATES OR YOUR COUNTRY’S LOCAL EMERGENCY SERVICE IF OUTSIDE OF THE UNITED STATES. YOUR USE OF INFORMATION PROVIDED ON AND THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR MADE AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
- Limitation of Liability.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COBE LABS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COBE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COBE LABS FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO COBE LABS FOR USING THE SERVICE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
- Indemnity. You agree to defend, indemnify and hold harmless CoBe Labs and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service; (ii) your User Submissions; (iii) your interaction with any Service user; or (iv) your violation of these Terms.
- Term and Termination. These Terms are effective until terminated by CoBe Labs or you. CoBe Labs, in its sole discretion, has the right to terminate these Terms and/or your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). CoBe Labs shall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Upon termination of these Terms, you shall cease all use of the Service. This Section 18 and Sections 9 (Intellectual Property Rights), 10.3 (License to User Submissions), 13 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 19 (Independent Contractors) to 23 (General) shall survive termination of these Terms.
- Independent Contractors. You and CoBe Labs are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and CoBe Labs. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of CoBe Labs.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by CoBe Labs without restriction or notification to you. Any prohibited assignment shall be null and void.
- Governing Law. CoBe Labs reserves the right to discontinue or modify any aspect of the Service at any time. These Terms and the relationship between you and CoBe Labs shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.
- DISPUTE RESOLUTION
- In case any dispute or claim arises out of, or in connection with these Terms, the dispute shall be finally and exclusively settled by arbitration to the extent permissible under Israeli law. Either CoBe Labs or you may submit the dispute to arbitration, and if so submitted, the arbitration shall be conducted in Tel Aviv-Yafo, Israel, and shall be governed by the Israeli Arbitration Law, 5728-1968, as amended. If the parties are unable to agree on an arbitrator within 10 days of a request to arbitrate the dispute, then the arbitrator will be appointed at the request of either party by the President of the Center of Arbitration and Dispute Resolution (www.israelcourts.co.il), and will be conducted in accordance with its rules. If you are an Israeli citizen, the arbitration shall be in Hebrew. Otherwise, the arbitration will be in English, unless both you and CoBe Labs agree that it will be in Hebrew The arbitrator, who shall apply substantive Israeli law, shall state the reasons for the arbitration award. The arbitration award shall award to the winner of the arbitration reasonable legal fees and out-of-pocket costs expended. The award shall be appealable to an arbitrator pursuant to Section 21A of the Israeli Arbitration Law, but will otherwise be final and binding upon the parties and shall be enforceable in accordance with its terms, and judgment may be entered thereon in any court of competent jurisdiction. During the course of any arbitration proceedings, all provisions of this Agreement shall continue to be implemented by the parties. This paragraph shall be deemed an arbitration agreement for the purpose of the Israeli Arbitration Law.
- Opting Out of this Mandatory Arbitration. You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within thirty (30) days of the date you initially agreed to be bound by these Terms (“Effective Date”) and stating that you (include your first and last name, as well as your mailing address) decline this arbitration agreement. Furthermore, and notwithstanding the provisions regarding modification of these Terms, if CoBe Labs changes this Dispute Resolution Section after the Effective Date (or the date you accepted any subsequent changes to this Agreement), you may reject any such change by providing CoBe Labs written notice of such rejection to email@example.com within thirty (30) days of the date such change became effective. In order to be effective, the notice must include your full name and clearly indicate your intent to reject the change(s) to this Dispute Resolution Section. By rejecting such change(s), you are agreeing that you will arbitrate any Dispute between you and CoBe Labs in accordance with the provisions of this Dispute Resolution Section as of the Effective Date (or the date you accepted any subsequent changes to this Agreement), unless you declined this arbitration agreement in the manner described above.
Confidentiality of Disputes. All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain its confidentiality, unless (and in such cases, only the extent) otherwise required by applicable Law. This paragraph shall not prevent a party from submitting to a court of competent jurisdiction any information necessary to enforce an arbitration award, or to seek equitable relief.
- General. These Terms shall constitute the entire agreement between you and CoBe Labs concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated June 14, 2021
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