Last updated: December 5th, 2018
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.
These Terms form a legal contract and will read like a proper legal contract but much of this document is designed to help you understand our products and how to use them. These Terms let us provide and continue to improve our Services, while at the same time preventing users from misusing or relying too heavily on the product. Use the Services in the manner which it’s meant to be used.
These Services should not, under any circumstances, be used in lieu of seeing a mental health professional, nor should they be viewed as a diagnosis. Our reports do not diagnose health conditions and should be used alongside the supervision of a licensed healthcare professional for help interpreting and using the Services.
The Services are not for emergency purposes. If you believe you have a medical emergency then call 911 or navigate to a nearby emergency room hospital. If you are considering or are in the process of committing suicide, call 911.
The Services are not psychiatrists, psychologists or therapists. The Services are, of course, not even human and are provided for informational purposes only. In fact, we hope that your use of these Services will be a step towards initiating one or many visits with a healthcare provider. We hope that the Services inspire a healthy regard for your own mental health and encourage further exploration into your own well-being and self-improvement, especially alongside the help of a healthcare provider.
The Services may observe, analyze, and estimate your well-being but the Services do not include medical care or mental health services. The Services may provide estimates and predictions but these results are not reviewed by a healthcare provider and should not be interpreted as a diagnosis. The Services should be viewed as a tool to help you explore your own self-help program. Use of the Services does not create a doctor/patient relationship and the Services should not be viewed as medical advice, a medical opinion, or treatment. You should not use these Services to ignore, delay, or replace advice or guidance from a mental health professional or doctor. Speak with a medical professional if you seek a diagnosis or treatment plan.
Textpert is intended for people who are at least 18 years old. Persons under the age of 18 are prohibited from using the Services. For certain features or functionality offered by us or others through the Services, users must be at least 18 years old. Those Services may be subject to separate terms from us or third parties that contain these further age requirements. If you are under 18 and use those Services, you may be violating the third party’s governing terms, which we deem a violation of these Terms as well.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one AiME account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
The Services consist of a platform that allows users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Services.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Textpert is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Textpert, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, process and analyze such User Content in any and all data processing methods, now known or later developed (the “User Content License”). Without limiting the foregoing, you agree that the User Content License accords Textpert the right to sublicense derivative and de-identified insights from such User Content to other companies, organizations, or individuals in connection with the processing, analysis and insights derived from the data in any format, now known or later developed. No use of User Content, including without limitation, in accordance with the User Content License shall entitle you to any compensation from Textpert, or any other companies, organizations, or individuals.
Textpert is meant to provide a platform to discuss your well-being and to hopefully learn about yourself.
When interacting with the Services, be honest and open. Textpert respects the rights of others and so should you. You therefore may not upload, post, send, or store content that:
violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
bullies, harasses, or intimidates;
Violating these rules may result in the removal of content, the suspension of your account and being prohibited from using the Services in the future.
Please take these rules seriously and honor them in the spirit in which they are intended. The rules will change and evolve along with the Services. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation, at our own discretion.
You agree that any feedback, suggestions, ideas, or other information or materials regarding Textpert or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Textpert. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, audio clips, and written and other materials (collectively, “Textpert Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Textpert Content may violate such laws and these Terms. Except as expressly provided in these Terms, Textpert does not grant any express or implied rights to use Textpert Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Textpert Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Textpert Content. This license is revocable at any time. This license is subject to these Terms and does not include:
The distribution, public performance, or public display of Textpert Content;
Modifying or otherwise making any derivative uses of the Services or Textpert Content, or any portion thereof;
Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
Downloading (other than page caching) any portion of the Services, Textpert Content, or any information contained therein, except as expressly permitted on the Services;
Accessing the Textpert API with an unauthorized or third-party client; and
Any use of the Services or Textpert Content other than for their intended purposes.
Any use of the Services or Textpert Content other than as specifically authorized in these Terms, without the prior written permission of Textpert, is strictly prohibited and will terminate the license to use the Services or Textpert Content granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Compromise the security of the Services;
Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
Engage in any harassing, intimidating, predatory, bullying or stalking conduct;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your account, Screenshots, username, or a friend link without Textpert’s prior written consent;
Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
Opinions, advice, estimates and predictions received from the Services do not necessarily reflect the views of Textpert or the views of any mental health professionals or licensed physicians. The Services utilize algorithms to provide automated estimates and predictions for assistance with your self-help program and it is recommended that they are viewed under the guidance of a healthcare provider. The Services should not be used in lieu of professional help, especially in the case of mental health issues including, but not limited to, depression, anxiety, addiction or suicidal thoughts. The feedback you receive from the Services is generated by a computer algorithm and thus may lack insights you may receive from a healthcare provider. If you believe you may be suffering from mental health issues, addiction, or general health issues we highly recommend you seek professional help from a licensed therapist or physician immediately. Textpert cannot be held responsible for the use of the content provided. Textpert and its content is for informational purposes only, should be used under supervision of a healthcare provider, and is not intended as a replacement or substitute for any professional, medical, legal, or any other advice. In addition, Textpert makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Services. If you have specific concerns or find yourself in a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
You accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Textpert API. If you use any such application or client, you acknowledge and agree that Textpert will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
Textpert respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Textpert becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:
Attn: Copyright Agent
3327 Livonia Ave Ste 107
Los Angeles, CA 90034
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Textpert to locate the material.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Textpert to locate the material.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE SERVICES AND THE TEXTPERT CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE TEXTPERT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THESE STATEMENTS HAVE NOT BEEN REVIEWED BY THE FDA. THE SERVICES ARE NOT INTENDED TO TREAT, CURE, OR PREVENT ANY DISEASE. THE DECISION TO USE THESE SERVICES SHOULD BE DISCUSSED WITH A TRUSTED HEALTHCARE PROVIDER.
Note to International Users
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TEXTPERT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless Textpert, our managing members, shareholders, employees, affiliates, licensors, partners and suppliers (the “Textpert Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or proprietary right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability
Except where prohibited by law, in no event will Textpert or the Textpert Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Textpert has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Textpert for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Textpert is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Textpert’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH TEXTPERT, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Textpert that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and Textpert are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Textpert, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties
d. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Textpert, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Textpert.
e. Waiver of Jury Trial. YOU AND TEXTPERT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. 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. In the event any litigation should arise between you and Textpert in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TEXTPERT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
f. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Los Angeles County, California.
g. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
h. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
i. Small Claims Court. Notwithstanding the foregoing, either you or Textpert may bring an individual action in small claims court.
j. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, for such purpose.
k. Survival. This Arbitration Agreement will survive the termination of your relationship with Textpert.
4) Forum and Venue
A lawsuit, if any, by you or Textpert against the other will occur in state or federal court in Los Angeles County, California. You and Textpert agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and Textpert will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Textpert. These Terms do not create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.
Questions and Comments
Textpert welcomes comments, questions, concerns, or suggestions. Please send feedback to us at [email protected].