Terms of service.

The following Terms and Conditions (the “Agreement”) govern your access and use of our mobile application (the “Platform”). The Platform is owned and operated by Empathic Holdings, Inc. (referred to in this Agreement as “we,” “us,” “our,” and/or “Company”). The Platform may be provided by, or be accessible through, multiple websites and/or applications whether owned and/or operated by us or third parties. 


This Agreement governs your access and use of the Platform. By accessing or using the Platform, you accept and agree to be bound by the terms and conditions of this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound by any term of this Agreement, you must not access the Platform.


  1. Intellectual Property

Unless otherwise expressly indicated, all content on the Platform, including any layout, design, documents, images, videos, graphics, applications, animations, audio, programs, text, and all other content and information (collectively the “Content”) is the sole property of the Company, and/or and its affiliated companies or licensors, and is protected by copyright, trademark, patent, and other state and federal intellectual property law. Company reserves all rights not expressly described in this Agreement. 

Unless expressly granted, no right, title, or interest in or to the Content, or any portion thereof, is transferred to you by use of the Platform. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. 


To the extent Company approves the download or use of Content comprised of copyrights or copyrightable works, Company grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and only if Company makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property rights associated with the Content), and all Content is intended for personal, non-commercial use. Company reserves the right to monitor your use and to alter or revoke this license, or your access to the Content, at any time and for any reason. Company reserves the right to take down any Content that is in violation of this Agreement, or any parties’ intellectual property rights. Allowing you limited use of the Content does not constitute a waiver of any of the Company’s rights to the Content. 


Outside of the specific usage rights granted to you by Company in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content without prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark, or other intellectual property laws, and may subject you to criminal or civil charges and/or penalties.


  1. Disclaimer

THE PLATFORM IS DESIGNED AND INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF PROFESSIONAL COUNSELING SERVICES OR A CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION. YOU SHOULD NOT USE THE PLATFORM IF YOU NEED ANY OFFICIAL DOCUMENTATION FOR COURT-ORDERED COUNSELING, EMOTIONAL SERVICE DOG CERTIFICATION, OR OTHERWISE. THE PLATFORM SHOULD NOT BE USED FOR INFORMATION RELATED TO PRESCRIPTION DRUGS AND/OR MEDICAL TREATMENT, AND YOU SHOULD DISREGARD ANY SUCH ADVICE AND/OR INFORMATION IF DELIVERED THROUGH THE PLATFORM.


DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION YOU RECEIVED THROUGH THE PLATFORM. YOU SHOULD IMMEDIATELY CALL 911 AND/OR NOTIFY THE RELEVANT AUTHORITIES IF YOU HAVE A MEDICAL EMERGENCY, ARE CONSIDERING SUICIDE OR HARMING YOURSELF OR OTHERS, OR FEEL THAT ANOTHER PERSON MAY BE IN DANGER.

  1. THE PLATFORM, AND ITS CONTENT MAY INCLUDE FACTS, VIEWS, OPINIONS, AND/OR RECOMMENDATIONS OF PERSONS OTHER THAN THE COMPANY. COMPANY AND ITS SUPPLIERS MAKE NO GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF SUCH CONTENT, NOR DO THEY MAKE ANY ENDORSEMENT IN CONNECTION WITH SUCH CONTENT OR MATERIAL. SIMILARLY, STATEMENTS AND OPINIONS IN THE PLATFORM ARE PROVIDED AS GUIDELINES ONLY AND SHOULD NOT BE CONSTRUED AS AN OFFICIAL POLICY OF THE COMPANY, AND WE EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON ANY STATEMENTS, INFORMATION, CONTENT, OR OPINIONS CONTAINED OR EXPRESSED IN THE PLATFORM. Privacy and Security


Protecting and safeguarding information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://empathicholdings.com/privacypolicy (The “Privacy Policy”).


THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. BY ACCESSING AND/OR USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE PRIVACY POLICY. 


  1. User Content

Some parts of the Platform allow you to post notes, journal entries, and other content (collectively, “User Content”). You have no obligation to provide any User Content and are free to choose the User Content you wish to provide. However, you are solely responsible for ensuring that you have all necessary rights to post any User Content, and that the User Content is lawful.


All User Content entered in the Platform is stored on the Platform’s [add here] and is accessible by us during your use of the Platform and for a period of [add here] after you discontinue use of the Platform. We may access the User Content as necessary to provide the Platform, maintain and improve the Platform, and/or monitor use of the Platform. While we do not transfer, sell, or otherwise market any User Content, we cannot ensure that any User Content is, or will remain, 100% confidential and you assume all risk associated with posting any User Content on the Platform including accidental or inadvertent disclosure of any User Content. 


  1. Third-Party Content

The Platform may contain other content, information, recommendations, products, or services offered or provided by third parties, links to third-party websites, or third-party advertisements (collectively, “Third-Party Content”). The inclusion of Third-Party Content on the Platform does not imply approval or endorsement of any Third-Party Content by the Company. We are not responsible for the content, policies, or activities of any Third-Party Content, or any third partis you interact with on the Platform and you interact with third parties and Third-Party Content at your own risk.


  1. Disclaimer of Warranty and Limitation of Liability

YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY (AN ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, HEIRS, ASSIGNS, AND AFFILIATED AND/OR RELATED COMPANIES) FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE ARISING FROM, OR RELATED TO, THE PLATFORM, THE CONTENT, AND/OR THE THIRD PARTY CONTENT (INCLUDING ANY ACT, OMISSION, OPINION, ADVICE, SUGGESTION, AND/OR PROVIDED THROUGH OR CONTAINED ON THE PLATFORM ), AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. 

YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COMPANY, OR ANY THIRD-PARTY, SHALL CREATE A WARRANTY OR MODIFY THIS DISCLAIMER.


YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, THE PLATFORM IS AT YOUR OWN RISK. THE COMPANY DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, RECCOMENDATIONS, THIRD PARTY CONTENT, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OR ON THE PLATFORM, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF THE PLAFTORM. 


 COMPANY MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. 


COMPANY IS NOT LIABLE FOR ANY DAMAGES SUFFERED BECAUSE OF YOUR USE OF THE PLATFORM, THE CONTENT, OR THE THIRD-PARTY CONTENT. . TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU, OR ANY THIRD-PARTY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 


  1. Conduct

When using the Platform, you are prohibited from: 

  • Taking any action that exposes Company, the Platform, and other Platform users, to any type of harm, including taking an action that may disrupt, damage, disable, tamper with, overburden, or limit the functionality of the Platform.

  • Post content that contains software viruses, programs, or other computer code.

  • Circumvent or modify any Platform software or security technology.

  • Using any data mining, robots, scraping, or other data gathering method.

  • Posting your personal information, or the personal information of another person, to the Platform.

  • Posting any advertising, solicitation, or commercial content on the Platform, or accepting payment from a third-party in exchange for performing commercial activity on the Platform.

  • Collecting or soliciting personal information from other Platform users.

  • Using automated technology to interact with the Platform.

  • Impersonating any person or organization.

  • Using the Platform for commercial purposes.

  • Violating or attempting to violate any security features of the Platform, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Platform, or any associated system or network, or attempting to breach security or authentication measures; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or instituting a “DDOS” attack on the Platform; (d) using the Platform to send unsolicited messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Platform; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Platform. Any violation of system or network security may subject you to civil and/or criminal liability.


  1. Modifications, Termination, Interruption, and Disruptions to the Platform

You understand, agree, and acknowledge that we may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform, or the use of the Platform, at any time with or without notice. This Agreement will remain in effect even after your access to the Platform is terminated or you have stopped using the Platform.


  1. Amendments

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement.

 

  1. Miscellaneous

This Agreement, and Company’s relationship with you, shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under this Agreement shall filed and heard in the state or federal district courts of Collin County, Texas, and you hereby submit to the jurisdiction of such courts. Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.


Last Updated: November 19, 2021