Thank you for learning with TheraHive!
In these Terms of Service (ToS), the words “you” and “your” refer to each customer, website visitor, or user, and mobile application user, “we”, “us”, “our”, “Company” refer to TheraHive, and “Services” refers to all services provided by us including any initial discussions with you, free information conference, counselling, group sessions, and other services provided through our website, any applications, over phone, video calls, messages, or application plug-ins. Please read the Terms of Service carefully prior to using any TheraHive Services.
1.A.1. About TheraHive
TheraHive is a psychological learning platform for individuals and groups. Our curriculum builds on scientific research and studies to educate our clients about what skills, techniques, and practices are most effective for improving their mental health. You understand and agree that TheraHive makes the Platform available to facilitate psychoeducational learning through on-demand video, written information, assessments, quizzes, downloadable documents, and other experiences. It also supports communication between you, your Coach, and other students in your group (the “Hive”). Such communications may include, but are not limited to, messaging, file sharing, and video calls. The Platform enables you, your Coach, and Hive students to communicate information, including personal information (such as names, locations, and demographic information).
1.A.2. TheraHive does not provide medical advice
The contents of our website, mobile application, any content received by you from us through a text message, voice message, emails, in paper form, any graphics, images, and other materials created by us, our coaches, and/or third party service provider (collectively "Content") are for informational purposes only. It is not therapy, medical treatment, or advice. In some cases our educational content may have been developed with guidance from a doctor or licensed therapist, but it is not therapy or a replacement for care by a doctor or therapist. We strongly recommend that you seek professional help and consult a doctor/therapist with any questions you may have regarding a medical condition. You should not disregard professional medical advice or delay in seeking such medical advice because of something you have read on TheraHive website/application or heard during any interaction with TheraHive.
Additionally, the coaches that lead our live learning sessions may be trained, certified, or licensed doctors or therapists, but they operate as coaches in the context of their role with TheraHive and the delivery of our courses. Consequently, we reiterate that you should consult a medical professional with respect to any medical advice/treatment you may require in addition to your use of TheraHive Services.
1.B. This is a Binding Agreement
These Terms of Service govern your relationship with TheraHive and describe your rights and responsibilities when learning through the TheraHive platform (the "Platform"). For purposes of these Terms of Service, Platform includes TheraHive website, mobile application, other interface TheraHive may use as part of a coordinated service to deliver psychoeducational learning to you. The Platform provides an interface between you and our coaches (the "Coaches") that facilitates live sessions, and may include our other Students (the “Students”) who are part of your hive, if applicable.
These Terms of Service, our Privacy Notice, and any other terms that you have agreed to in writing, (referred to collectively as the "Terms") govern your use of the Platform. Our Coaches’ use of the Platform is governed by a different set of terms. By visiting the Platform and accessing any information, resources, services, products, and tools we provide for you, either directly or indirectly, (1) you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms, and (2) you agree to use the Platform only for the purposes intended as permitted by (a) the Terms, and (b) applicable laws, regulations, and generally accepted online practices or guidelines. You also understand and agree that the Platform and any Services provided through these Terms are provided solely by TheraHive, and no other parent, subsidiary, or affiliate of TheraHive.
These Terms of Service apply to you even though you may have arrived at the Platform through a website or mobile application operated or controlled by a third party, including by an affiliate of TheraHive. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms. If you do not agree with any of these Terms, you should stop using the Platform immediately.
You understand and agree that satisfying the above requirements does not guarantee that you will have access to or be able to use or continue using our Services.
Please read these Terms carefully, and contact us if you have any questions.
1.C. Who May Use Our Platform
This Platform and our Services are intended for adults only.You may use our Services only if you can form a binding contract with TheraHive, and only in compliance with these Terms and all applicable laws. You should be aware that this Platform and our Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Please note, certain regions and content offerings may have additional requirements and/or restrictions, we urge you to carefully read all material shared by us in such scenarios.
1.D. Access and Account Registration
Conditioned upon your continued compliance with these Terms, TheraHive grants you the right to access and use the Platform. To access and use part of the Platform, you are required to register and create an account. Any registration information you provide to TheraHive must be accurate, current, and complete.
It is your sole responsibility to: (i) control the access to and dissemination of your sign-in name, screen name and passwords; (ii) authorize, monitor, and control access to and use of your account and password; (iii) promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. You can send us an email (See section 12).
You grant us and all other persons or entities affiliated to us in the operation of the Platform or providing you Services, the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Platform and for provision of Services. We do not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using our Platform and/or Services.
TheraHive may immediately suspend your account and access to the Platform if you violate, or TheraHive reasonably suspects that you have violated these Terms. Upon termination of your account, your access to the Platform will be terminated with immediate effect.
1.E. Unsecure Communications
We are committed to protecting your information. Our Platform enables communications and other data transmissions across multiple channels and to multiple endpoints but you understand and agree that some form of data communication and transfer may involve transmission that does not occur exclusively through and on the Platform ("Unsecure Communications"). Unsecure Communications include, but are not limited to, email, SMS text messages, and voice communications, which may include transmission and/or storage via unsecured networks, devices, or channels. Unsecure Communications may not be encrypted or otherwise protected by TheraHive or third parties and could be intercepted or otherwise accessed by unauthorized third parties. In no event will TheraHive have any liability to you or any other person or entity with respect to Unsecure Communications and for any such unauthorized access.
1.F. Modification of the Terms
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. If we determine our changes to these Terms are material, we will make reasonable efforts to notify you at your last known email address in your records. However, you should check the Terms regularly to determine if any changes have been made. You can determine when the Terms were last revised by referring to the "Last Modified" notation at the top of these Terms of Service. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform/Services.
2. Coaching, Content, and Honor Code
2.A. About Coaching
The Coaches that provide services through TheraHive are independent contractors who are not our employees, agents, and representatives. The Platform’s role includes enabling Coaching services while the Coaching services themselves are the responsibility of the Coach who provides them. If you feel the Coaching services provided by the Coach do not fit your needs or expectations, you may request to be transitioned to another group led by a different Coach. Though we shall endeavor to quickly shift you to the new Coach, such availability may be limited and may require that you wait an indeterminate amount of time for a new group to start. TheraHive does not guarantee the availability of specific Coach for any Course. However, if you are not transitioned to another group within a reasonable time, as determined by TheraHive and not exceeding 90 consecutive days, you may request a pro-rated refund for the remaining portion of that Course. TheraHive reserves the right to change instructors, without notice, at any time for any reason.
2.B. Course Availability
TheraHive coordinates Hives of Students that are typically between six and ten people. As such, commencing a Course, on a particular date and with a specific weekly meeting time is dependent upon having enough enrolled students for that date and time. If not enough students are enrolled, we may have to postpone the commencement of the Course until the next scheduled commencement date and time.
2.C. Requirements for continued enrollment
Students are required to actively participate in a course in order to remain enrolled. If you miss two live sessions without prior notice to us and receiving our permission to do so, you will be required to purchase a one-on-one makeup lesson with a Coach to remain enrolled. If you miss more than two consecutive live sessions, without attending makeup lessons, you will be removed from the Course.
2.D. Platform features and Services
Our platform includes a range of features supporting our blended learning model. The following sections describe some of the features and how they are made available.
2.D.1. Community Access- Policy, and Code of Conduct
Our platform includes community features that enable Students to get support from members of their Hive and from Coaches between live sessions. Participation in this community is contingent upon your respectful use and participation. The community is a place to discuss your experience with your Course and to benefit from the insights and support of your fellow students and Coach. As such we expect you to follow this code of conduct:
- Don't challenge or attack others. The discussions and comments are meant to stimulate conversation not to create contention. Let others have their say, just as you may;
- Do not post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Do not post material that is defamatory, threatening, harassing, unlawful, obscene, abusive, slanderous, hateful, or embarrassing to any other person or entity. TheraHive retains the sole discretion to determine whether certain content falls within the above list;
- Do not post advertisements or solicitations of business;
- Do not repeat or continue to disrupt the normal flow of discussion, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free-form) after receiving a warning with respect to your behavior;
- Do not post/share any chain letters or pyramid schemes;
- Do not Impersonate another person;
- Do not distribute viruses or other harmful computer code;
- Do not harvest, scrape, or otherwise collect information about others, including names, telephone numbers, email addresses;
- Do not allow any other person or entity to use your identification for posting/commenting/participating in a Course;
- Do not spam;
- Do not engage in any conduct that restricts or inhibits any other person’s use or participation in a Course or which, in the sole discretion of TheraHive, exposes us to any liability or detriment of any type.
- Do not post any personally identifiable information (PII) (like name, phone number, email address, or IP address) of you or of anyone else or protected health information (PHI) in the discussions (e.g., screenshots with PII/PHI). Uploading media like images or video of other people without their consent is strictly prohibited. or your personal contact information such as phone numbers or email addresses;
- Do not post anything that you would not want the world to see or that you would not want anyone to know came from you.
- Please note carefully all items listed in the disclaimer and legal rules below, particularly regarding the copyright ownership of information posted.
Consequently, we reserve the right to (but are not obligated to) do any or all of the following:
- Investigate an allegation that a communication(s) do(es) not conform to the code of conduct stated in the Terms, and in our sole discretion, remove or request the removal of such communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with our code of conduct.
- Terminate your access to any or all portions of the Platform and our Services.
- Monitor, edit, or disclose any communication internally or to law enforcement agencies (pursuant to a supporting court order/notice).
- Edit or delete any communication(s) posted on the Platform, regardless of whether such communication(s) violate these standards.
For every incident of unauthorized access that is attributable to you or arises out of your use/misuse of the Platform and Services, or sharing of your login credentials with a third party, you shall be responsible to make good any monetary loss that TheraHive suffers as a consequence.
2.D.2. Modifications, Termination, Interruption, and Disruptions of the Platform
Our platform depends on our own software, hardware, and connectivity but also on that of third party providers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible, and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely, or error-free at all times.
Basis the above, you understand and agree that our service may require modification, suspension, or they could be disrupted from time to time, including during the period of your Course and we may not be able to notify you in advance. We will use reasonable efforts to provide uninterrupted Services, however, you agree that we will not be liable for such issues and for any losses or damages that are caused by any of the aforementioned issues.
2.D.3. Honor Code
All Students participating in the class must agree to abide by the following code:
- My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
- I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the Course staff or others.
- I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.
2.E.1. Intellectual Property & Copyrighted Content
All of the content available on or through the Platform, with the exception of embedded content from third party sources, is the property of TheraHive and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Platform is the copyrighted work of TheraHive. Any copy made of information obtained through the Platform must include all applicable copyright notices. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Platform and Services.
"TheraHive" is a copyrighted term. All rights reserved. Subject to the terms of this Agreement, TheraHive hereby grants you a limited, revocable, non transferable, and non-exclusive license to use the software, network facilities, content, and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Platform/Services.
The license granted herein does not permit you to, and you agree not to: (1) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (2) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing, or other services to third parties.
2.E.2. User Generated Content
During your participation in a Course there will be opportunities to generate content in the form of updates, homework assignments, practice recordings, and other forms. Such content is generally submitted through the Platform and will be kept as part of your student record unless we are specifically asked to remove it.
TheraHive reserves the right to use this content for research, teaching, Course development, and promotional purposes, and only in ways that do not reveal your identity.
2.E.3. Third Party Content
The TheraHive Platform may include links to third-party websites and applications. You are solely responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
2.E.4. Copyright Infringement Claims
TheraHive reserves the right to remove any content or any other material or information available on or through our Platform, at any time, for any reason. TheraHive otherwise complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. Section E.5. describes the procedure that should be followed to file a notification of alleged copyright infringement with TheraHive.
2.E.5. Notification of Alleged Copyright infringement
If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to us as set forth in Section 12, with such notification marked with attention to our designated agent, the TheraHive Compliance Officer.
Any notification to TheraHive under 17 U.S.C. § 512(c) alleging copyright infringement must include all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our Platform;
- Information sufficient for TheraHive to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
2.F. No Academic Credit
TheraHive does not confer any academic credit for completion of our Courses.
3. Tuition & Fees
The following sections describe the tuition and fees associated with the Courses delivered through our Platform.
3.A. Assessment Session
All students begin their Course(s) with an assessment session with one of our Coaches. The assessment is designed to understand your background, interests, and goals so that we can match you with the other students that will be in your learning group or Hive. We try our best to assign students to their Hive of choice but that’s not always possible due to demand for the specific group or the profiles of the other students being considered.
3.B. Section Fees
Some Courses have independent sections that can be purchased on a stand alone basis. When Students purchase Courses in this manner, they are still required to purchase an Assessment Session.
3.C. Post-Graduation Subscription Fees
After completing a Course students can maintain access to their content by purchasing a graduate subscription. Subscribers will only be able to communicate with other students in their Hive if they are also post-graduate subscribers.
3.E. Timing of Charges
Tuition and fees associated with courses will be charged in advance. Fees for sssessment sessions will be charged when the session appointment is confirmed. Tuition and fees for Courses will be charged when students are enrolled in a specific path or section.
3.F. Fee Changes
We reserve the right to change our fees at any time and without notice. However, if you are already enrolled in a Course, your fee shall not be modified without prior notice to you and obtaining your consent.
3.G. Cancellation & Rescheduling
We will make every effort to avoid having to cancel a Course, including assigning a new coach if required. However, there may be cases where this is not possible. If this happens, you will be entitled to participate in a future instance of that Course at no additional cost.
Our coaches make reasonable effort to host live-sessions at pre-scheduled time, however, there may be occasions when they must cancel a live-session. When this happens the Course may skip the live-session and resume the following week. In this case, a week will be added at the end of the Course to make up for the lost session. Alternatively, the coach may work to reschedule the session at an alternative time during the week.
3.G.2. Assessment Sessions
Our coaches make reasonable effort to host assessment sessions at the pre-scheduled time, however, there may be occasions when they must cancel. In this case, your coach will work to reschedule the session with you as soon as possible.
Students may cancel the assessment session upto 48 hours in advance without incurring a rescheduling penalty. Appointments that are cancelled less than 48 hours in advance will be subject to a fee equal to 25% of the cost of the assessment session.
In view of the Requirements for continued enrollment policy detailed in section 2.C. above, Students that are unenrolled from a Course due to lack of participation are not eligible for a refund.
If we are unable to enroll you in a group within two months of your assessment session, you may request a refund for that session. We do not offer refunds for Courses once that has started.
3.I. Forms of payment
Enrolling in a Course requires that we have a valid credit card on file. You agree to provide us with this information and update us immediately in case there is any change to the information. In the event that your credit card expires or TheraHive, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method.
3.J. Payment Processing Fees
You may incur payment processing fees associated with your enrollment in a Course.
4. Communication Policy
4.A. Privacy and Security
Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Notice available at www.therahive.com/privacy (The ‘Privacy Notice’).
By agreeing to these Terms and/or by using the Platform, you are also agreeing to the Terms of the Privacy Notice. The Privacy Notice is incorporated into and deemed a part of these Terms of Service. The same rules that apply regarding changes and revisions of the Terms of Service also apply to changes and revisions of the Privacy Nolicy.
4.B. Suggestions & Submissions
We appreciate hearing from our users and welcome your comments regarding the TheraHive Platform/Services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”), we shall: (1) own, exclusively, all now known or later discovered rights to the Creative Ideas; (2) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (3) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Your Responsibilities and Acknowledgement
As a condition of your use of the Platform, you agree to the following:
- All information you provide through the Platform is accurate, complete, and correct.
- If you are using the Platform, for communication or otherwise, on behalf of any person other than yourself, you must have legally binding authority to do so.
- Your permission to use the Platform is only for your benefit.
- Any communications from your Coach or other entities which are received through the Platform, may contain information that is important to your enrollment. It is your responsibility to monitor those communications.
- The Platform and Services is not for use with any material deemed illegal or unauthorized by state, federal, or other laws or regulations.
- You have the authority to upload all of the content to the Platform or TheraHive.
- You understand that the Platform or TheraHive is responsible only for transmitting your communications. You are fully responsible for the content of your communications, to whom your communications are initiated, and the timing of your communications.
- You consent to electronic communication with TheraHive and understand that we may contact you from time to time, through channels including but not limited to email, and communications within the Platform, for purposes including but not limited to the TheraHive services.
- TheraHive may periodically monitor and/or record live-session or other communications on the Platform (collectively, "Call Recording") for internal research and training purposes. You will be notified and asked in advance for permission before any recordings are made.
6. Requirements of Use
In order to participate in TheraHive Courses, students must access our Platform via a sufficiently provisioned broadband internet connection that supports group video conferencing. In addition, they must have a computer, phone, or other device capable of browsing contemporary websites. It is your responsibility to assess the compatibility of your connection and equipment before any assessment sessions and committing to a Course with TheraHive..
7. Restrictions of Use
You will not use, or encourage or permit others to use, our Platform except as expressly permitted in these Terms. You will not, and will not encourage or permit others to:
- Use or attempt to use the Platform via any account that is not your own or in any other way that is not personally and uniquely identifiable to you;
- Use or attempt to use the Platform to access any information, to perform any function, or to accomplish any other purpose for which you do not have authorization;
- Access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state, federal, or other law or regulation, or that is prohibited by these Terms;
- License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Platform or related materials in any way;
- Use or access the Platform to create or develop competing products or services or for any other purpose that is to TheraHive's detriment or commercial disadvantage. You are prohibited from automated access to the TheraHive Platform, this website, or accessing the Platform/website for any competitive purpose.;
- Take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part;
- Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform;
- Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by TheraHive or any of our service providers to protect our Platform;
- Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property;
- Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Platform or any content made available to you on or through our Platform;
- Copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database, or otherwise use in any form or by any means any data, text, reports, or other materials related to TheraHive or third-party content from the Platform.
8. Disclaimer of Warranty, Limitation of Liability, and indemnification
8.A. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE PLATFORM/SERVICES IS AT YOUR SOLE RISK. TheraHive AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY "RELATED PERSONS") DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, SPEED OF DELIVERY, OR ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS NOT INTENDED TO SUPPORT MENTAL HEALTH THERAPY OR REQUESTS FOR EMERGENCY MENTAL HEALTH SUPPORT. NEITHER TheraHive NOR ITS RELATED PERSONS WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU WILL HOLD TheraHive AND ITS RELATED PERSONS HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE PLATFORM TO PROVIDE MENTAL HEALTHCARE OR EMERGENCY SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TheraHive NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE PLATFORM. FURTHERMORE, TheraHive DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, OR THAT THE USE OF THE PLATFORM AND/OR INFORMATION OBTAINED THROUGH THE PLATFORM WILL NOT CAUSE ANY DAMAGE TO YOUR MOBILE PHONE OR COMPUTER OR LOSS OF DATA.
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF PLATFORM AND SERVICES SHALL BE TO DISCONTINUE USING THE SITE.
8.B. Limitation of Liability
To the fullest extent permitted by applicable law and except as set forth in this Section, TheraHive will not be liable to you or to any party under any legal or equitable theory, whether in tort (including negligence), contract, strict liability, or otherwise, for any indirect, punitive, special, incidental, or consequential loss or damage, including lost profits, loss of data or loss of goodwill, service interruption, mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access or use of (or inability to use) the Platform. This is true even if TheraHive or its Related Persons have been advised of the possibility of such damages or losses. To the fullest extent permitted by applicable law and subject to this Section, in no event shall the total liability of TheraHive and its Related Persons for any damages, claims, or losses arising under these Terms exceed the total amount of payments actually paid by you to us, if any, in the preceding three (3) months prior to the date the liability first arose.
You understand, agree, and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
You agree to indemnify, defend, and hold harmless TheraHive from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Platform and/or our Service in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
9. Governing Law; Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TheraHive TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TheraHive.
9.A. Governing Law
The Platform is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. These Terms will be governed by the laws of the State of California without regard to conflicts of law principles and courts located in San Francisco shall have exclusive personal jurisdiction over the parties.
9.B. Arbitration Agreement
You and TheraHive agree that all claims and disputes relating in any way to your use of our Platform and Services, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in San Francisco, California. You understand that adjudication through arbitration is not mediation, but is a final and legally binding process to adjudicate disputes that displaces resolution of disputes in a judicial forum. Additionally, by agreeing to arbitrate, you are giving up your right to sue for legal redress in a court of law as well as the right of appeal. The arbitrator shall be mutually named by the parties when a dispute arises. In case the parties to the dispute are not able to finalize an arbitrator within reasonable time, both parties shall nominate one arbitrator each, and such arbitrators shall nominate a third arbitrator.
Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it, instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
9.C. Waiver of Jury Trial
IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND TheraHive WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. You and TheraHive shall resolve all arbitrable disputes through arbitration.
9.D. No Class Arbitrations, Class Actions, or Representative Actions
YOU AND THERAHIVE AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND TheraHive AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER TheraHive USERS OR CUSTOMERS.
9.E. Arbitration Rules
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and TheraHive will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.
10. International Use and The GDPR
The TheraHive Platform advises Students to be aware of, and respect and comply with the local laws of any internationally based Student. TheraHive is cognizant and respects the formal promulgation of the existing European Union (EU) data privacy regulations. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA and is commonly referred to as “GDPR.” TheraHive has always and will continue to respect our Student’s Privacy (see our Privacy Notice for details)
The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:
Access to collected data: At TheraHive, you already have the ability to access your shared data (Your personal information and all your interactions with your Coach) and use it as you wish.
Clear Consent: At TheraHive our Terms of Service are clear on what consent we seek with regards to your data and prior to your engagement with our Platform/Services. In case you are a minor (below the age of 18 years), you shall not use/access the Platform and/or our Service.
Security: At TheraHive we aim to secure and/or encrypt our data, and have proper systems in place to ensure the security of your data.
Notice/Audit: At TheraHive, we will provide our Students notice of any data breach in line with applicable law, and we engage a third party security firm to periodically audit both our code and technology security around data security.
Finally, dependent on your EU country or origin, the GDPR takes into account what was previously termed the right “to forget” or request deletion of your data once you cease using a particular application or site. We shall comply with such request if and to the extent applicable
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. Except as otherwise set forth in these Terms: (a) any notice given by us to you will be provided via email to the email address used to register your account and/or, in our sole discretion, to the email address of the person listed as your administrator/guardian on the Platform, and will be deemed to be both written and fully given on the date of sending; and (b) any notice given by you to us will be provided as set forth in Section 12.
12. Contact Information
If you have any questions or concerns, or if you wish to provide notice to us under these Terms, please contact us by one of the following means:
- Email: firstname.lastname@example.org
- Mailing address: TheraHive Corporation; 840 Autumn Ln. Mill Valley, CA 94941
Any notice required or permitted to be given by you to us under these Terms will be given in writing by certified mail with return receipt requested, overnight delivery by a nationally recognized carrier, or by email upon our confirmation of receipt, and will be deemed fully given on the date of actual delivery.