1. AGREEMENT TO BE BOUND
3. IMPORTANT DISCLAIMER
The use of the Service is not intended to replace or substitute the advice of your psychologist, physician, pharmacist or other qualified healthcare providers.
The Content (as defined in Section 7) provided on the Service, as well as your assessment results, polls and surveys, personality, stress, mood and attitude scales, and any other results or output from the Service (the “Assessment Information”), is intended for informational and educational purposes only and is not designed to diagnose or treat depression, anxiety or any other mental health disorders. The diagnosis and treatment of depression, anxiety and other mental health disorders can only be carried out by a qualified mental health professional. Starling Minds is not responsible for any reliance or decisions made by you based on the content and information available on or through the Services. Such content and information is general in nature, is not communicated to you personally, and is not intended to be advice or information to be relied upon.
People seeking a diagnosis or treatment of depression, anxiety or other mental health disorders should consult a qualified mental health professional. The Service is an online educational program only and is not a substitute for a diagnosis and treatment by an appropriate health professional. Please read the disclaimers of warranties and waivers of liability in Sections 11, 12 and 13 of these Terms.
DO NOT USE INFORMATION CONTAINED WITHIN THE SERVICE TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN WHILE USING THE SERVICE.
THE SERVICE DOES NOT PROVIDE AN EMERGENCY OR CRISIS RESPONSE SERVICE. IF YOU ARE FEELING SUICIDAL OR IN A CRISIS, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL “911” FOR AMBULANCE, POLICE, OR FIRE SERVICE IMMEDIATELY, OR GO TO THE NEAREST HOSPITAL EMERGENCY DEPARTMENT.
4. LICENSE AND USE
Subject to your agreement and continuing compliance with these Terms, Starling Minds grants you a non-exclusive, non-transferable, non-sublicensable and revocable limited license to access and use the Service solely for your own personal, non-commercial purposes. You agree not to use the Service for any other purpose.
You agree not to, without the prior written permission of Starling Minds:
- Use, reuse, repost, distribute, provide access to others to, copy, modify, or transmit the Service and related information for any commercial purpose or for public use;
- Create an Account (defined below) using a false identity or information, or on behalf of someone other than yourself;
- Sublicence, rent, lease, sell, trade, gift, bequeath or otherwise grant access to or transfer your Account to anyone else;
- Use the Service, intentionally or unintentionally, in violation of any applicable law or regulation;
- Attempt to gain access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by us and through your Account, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, server or software that is part of the Service;
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software, Content or other intellectual property (together the “IP”) used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by us; or
- Modify or alter the IP in any respect, merge the IP with other data or publish Content in any form. You must not “screen scrape”, “database scrape” or participate in any other activity to collect, store, re-organize, or manipulate data on the pages displayed or produced by the Services.
5. ACCOUNT INFORMATION
6. USERNAME AND PASSWORD
During the Account creation process, you may be required to select a username and password (the “Login Information”). The following rules govern the security of your Login Information:
- You agree to protect the confidentiality of your password and any other information that is linked to your Account, including by restricting access to your password, your computer/phone/device, and your Account.
- You will not share your Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account;
- In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and You are responsible for anything that happens through your Account.
7. CONTENT AND USER-GENERATED CONTENT
“Content” on the Service includes assessments, questionnaires, evaluations, exercises, training modules, software, text, articles, widgets, messages, links, emails, polls, music, sound, graphics, pictures, video, audio, code, and all other material appearing on or emanating from the Service, as well as the design and appearance of our Website and application.
All Content (with the exception of third-party content) is and will remain owned by Starling Minds or our affiliates, subsidiaries, licensors or suppliers. We reserve all right, title and interest in the Content and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms. Making unauthorized copies or distribution of Content may result in the termination of your Account, prohibition on use of the Service, and further legal action. You agree to indemnify and hold harmless us from any breach by you of these Terms.
8. LINKS TO THIRD-PARTY SITES
9. TERMINATION OF SERVICE
We may terminate access to the Service (and/or any portion thereof) at any time by giving you thirty (30) days notice (or such other period specified when you joined the Service) of such termination either (at our discretion) via email or posted on the Service.
We may also terminate your access to the Service for violation of these Terms, including if we (in our sole discretion) deem that your use of the Service renders the Service less safe for others, or for illegal or improper use of the Service, Content, Account, or our Intellectual property, as determined by us. We may alternatively issue you a warning, suspend your Account, or temporarily or permanently block your device and/or machine from accessing all or a certain part of the Service.
If we terminate your Account, you may not participate in the Service again without our express permission. We reserve the right to refuse access to the Service for any Account for, or provide the Service to any individual. You must not allow individuals whose Accounts have been terminated by us to access your Account.
If your Account, or any other subscription to the Service is terminated, suspended and/or if your device is temporarily or permanently blocked from accessing some or all of the Service, no refund will be granted, and you will have no further access to your Account or the particular Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at firstname.lastname@example.org.
10. CANCELLATION OF ACCOUNT
You have the right to cancel your Account at any time. If you do not agree to the Terms, your sole remedy is to not use the Service and to cancel your Account. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with us, including any dispute related to, or arising out of: (1) these Terms or our enforcement or application of these Terms; (2) the Service, the Content or any change thereto; (3) your ability to access and/or use the Service and/or any Content; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the Service and/or any Content thereon.
You can contact us at email@example.com to cancel your Account. We reserve the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to the Service. Any delinquent or unpaid fees and other unresolved issues with our services must be settled before you establish a new Account.
11. DISCLAIMER OF WARRANTIES
You expressly agree that use of the Service is at your sole risk and is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties or conditions of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose.
We do not warrant the accuracy or completeness of any content accessed through the Service. Information that is periodically updated may not be current at the moment you visit the website and may contain errors.
Without limiting the foregoing, neither we nor our affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, service providers, licensees or licensors (collectively, the Starling Minds’ Parties”) warrant that the Service will be effective or meet your needs, or will be uninterrupted or error-free.
12. LIMITATIONS; WAIVERS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STARLING MINDS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STARLING MINDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) ANY FAILURE TO NOTIFY OTHERS OF ANY POTENTIAL OF SELF-HARM BY YOU OR OTHERS; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. RELEASE & INDEMNIFICATION
You agree to indemnify, save, and hold the Starling Minds’ Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, violation of these Terms, or breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. GENERAL PROVISIONS
14.1 Updates to the Terms
14.2 Entire Agreement
14.3 Governing Law and Forum for Legal Disputes
The Services are designed to comply with Canadian laws and regulations and those of the province or territory in which you live in, or the province or territory in which the sponsoring Organization is located. Although the Services are accessible to users outside of Canada, the Services and its Content are intended for access and use by Canadian residents only.
You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia as the proper and most convenient forum for any dispute arising from your use of the Services. You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Vancouver, British Columbia.
You agree that if any portion of these Terms is determined to be invalid or unenforceable by any court of competent jurisdiction, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.