Seekr Terms of Use

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, content and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us via email at preed-butler@iliff.edu.

 

These Terms of Use (the “Terms”) are a binding contract between you and Spruato Inc. (“Seekr,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of these Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

 

Our Services

 

Seekr is a self-help AI-guided application designed to support users in taking care of their emotional health, applying behavioral coping skills, and monitoring mental health symptoms. Seekr does not provide diagnosis, treatment, medical care, or other professional services.

 

Materials displayed or performed or available on or through the Services may include certain “Content.” Such Content may include (but is not limited to) text, graphics, logos, service marks, data, articles, videos, photos, images, illustrations, User Submissions (as defined below), and so forth, which are all protected by copyright and/or other intellectual property laws.

 

The use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.

If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.

 

Your Permitted Use

 

Subject to these Terms of Use, you may use the Services and access the Content for your own internal, personal, non-commercial use. This includes entering individual data into the Seekr application. If you use the Services or Content in any way that is not permitted by these Terms, then your right to continue such use is terminated.

 

Privacy

 

Seekr takes the privacy of its users very seriously. We do not share any of your information with third parties, unless otherwise noted as part of your data license agreement. 

 

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself with your parents. Parents must set up an account giving consent for Seekr to store said identifiable data for their children. If we learn we have collected personal information from a child under 13 (without parental consent), we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us via email at preed-butler@iliff.edu.

 

Confidentiality:

 

Services.

 

We care about the protection and confidentiality of your data. We therefore only collect, use, share or process your data to the extent that:

 

  • It is necessary to provide the Seekr Services you request;
  • You have given your consent to such collection, use, sharing, or processing; or
  • We are otherwise authorized to do so under applicable data protection laws.

 

We do not sell or give away your personal data or conversation history.

 

By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you at this moment consent that we will collect, use, and share your information in the following ways.

Remember that your use of Seekr’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

 

What we collect and how we use it

 

We collect information you intentionally provide to us.

 

Through the registration process and account settings, you can provide information such as your nickname, email, age, gender and work status. We collect this information to provide you with an experience personalized to you.

 

Within the application (or “app”), you may do assessments and monitor self-reported symptoms of depression, anxiety, social anxiety, panic, post-traumatic stress disorder, and borderline personality disorder. We collect this information to allow you to monitor your self-reported symptoms and to provide you with useful feedback.

 

We DON’T collect or store medical information or Protected Health Information (PHI), defined under the US law (specifically, “HIPAA,” meaning the United States Health Insurance Portability and Accountability Act of 1996 and the rules promulgated and implemented by the U.S. federal government thereto) as any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity and can be linked to a specific individual (see https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html). Nor are we a “Covered Entity” as defined by HIPAA, since we are not a licensed health care provider, insurance company, or claims clearinghouse or a Business Associate of any of those.

Within the app, you can track your mood and associated factors. We collect this information to allow you to understand your mood and factors influencing it.

 

Within the app, you can have conversations with the Seekr AI Assistant that generate text-based note entries. We collect this information to allow you to keep a log of your conversations and organize your mental notes.

 

We collect technical data that tells us what hardware and software you are using to access our app, including mobile platform (iOS/Android), version of the app, device model, system version, identifier for advertising in Apple for iOS and Android devices.

We may also use cookies, URL information, web beacons and similar technology to gather information regarding the date and time of an internet visit, web pages reviewed and the information searched and viewed. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while viewing a website. We may use both session Cookies (which expire once a web browser is closed) and persistent Cookies (which stay on a computer until deleted) to provide a more personal and interactive experience on our Site. Persistent Cookies can be removed from a computer by following “help” directions from an Internet browser.

 

We collect app usage data that tells us how you use the app, like how often the app was opened, which areas were clicked on the app, app settings (language, notifications), and feedback data.

 

When you allow access and provide us with the consent, we collect information from Apple’s Health App and Google Fit.

 

We use the data and information you provide us to deliver a better experience for you. This information may be used to personalize app features and content (e.g. what is presented in a Seekr conversation, your Insights section). To create a personalized product that meets your unique needs, we use the information that we collect or learn from you (e.g. demographic information, emotions, factors) as well as information from other users.

 

Because we are learning more about how to deliver the most effective product for you, we also engage in product research and development. We use the information we have to develop, test and improve our product, including by conducting surveys and research, and testing and troubleshooting new products and features.

 

In addition, you can contribute with anonymous data for scientific research and help our science team with its mission to understand the human mind and empower everyone on the planet to pursue happiness. The information we collect for research is demographic information, emotions, factors, activity within the app, and symptom measures. These data are anonymized prior to data analysis. All users are given the opportunity to opt-out of inclusion in this research.

 

 

Who we share your personal information with

 

We neither rent nor sell your information in a personally identifiable form to anyone. Conversations with Seekr are not shared with any other company or service. We don’t sell or give away your personal data or conversation history.

 

We do not share your personal data with third parties, except as provided below.

 

  1. Service providers

 

We use third-party service providers who provide technical and support services to help us provide and improve the Services. These third-party service providers may have limited access to databases of user information solely to help us to improve the product and they will be subject to contractual restrictions prohibiting them from using the personal data of our users for any other purpose.

 

2. Other third parties

 

In certain cases, we share and/or are obliged to share your data with third parties for the purposes described above and under applicable law, including if we, in good faith, believe doing so is required or appropriate to comply with law enforcement or national security requests and legal processes, such as court order or subpoena; protect your, our or others’ rights, property, or safety; assist with an investigation or prosecution of suspected or actual illegal activity; enforce our policies or contracts; or as otherwise allowed under applicable law.

 

Where do you store your data

 

Our services are operated in the United States of America. If you are located in another jurisdiction, please be aware that information you provide to us may be transferred to, stored and processed in the U.S.A. By using our services or providing us with any information, you consent to this transfer, processing, and storage of your information in the U.S.A., a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

 

Data Retention 

 

We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

 

Data Protection Rights

 

As a user of our Services, you have the following data protection rights, depending on the circumstances of the specific case:

 

Access

 

To check what type of personal data we hold about you and what we do with that personal data and to receive a copy of your personal data;

 

Rectification

 

To correct any inaccurate or incomplete personal data that we hold about you;

 

Erasure

 

To request that we erase personal data held about you in certain circumstances;

 

Data portability

 

To receive your personal data in a structured, commonly used and machine readable format and to have that personal data transmitted to another data controller.

 

Disclosure

 

To receive information about your personal data processed by us and to request access to your personal data and/or copies of these data. This includes information on the purpose of use, the category of data used, its recipients and authorized persons and, if possible, the planned duration of data storage or, if this is not possible, the criteria for determining this duration;

 

Correction, deletion or limitation of processing

 

To request the correction, deletion or limitation of the processing of your personal data, if (i) the data are incomplete or incorrect, (ii) they are no longer necessary for the purposes for which they were collected, (iii) the consent on which the processing was based has been revoked, or (iv) you have successfully exercised your right to object to data processing; in cases where data is processed by third parties, we will forward your requests for correction, deletion or limitation of the processing to these third parties, unless this proves impossible or involves a disproportionate effort;

 

Opposition to the processing

 

To object to the processing for reasons arising from your particular situation;

 

Refusal and revocation of consent

 

To refuse your consent or – without affecting the legality of data processing prior to the revocation – to revoke your consent to the processing of your personal data at any time;

 

Automatic decisions

 

To require that you be subject to a decision based exclusively on automated processing only in the exceptional cases provided by law, if that decision has legal effect against you or significantly affects you in a similar manner; should such an automated decision take place in exceptional cases, you have the right to obtain information on the logic involved and the scope of the intended effects;

Right of appeal

Communicate with and, if necessary, complain to the data protection supervisory authority in your jurisdiction, if any.

 

Right to Unsubscribe

 

If at any time you would like to unsubscribe from receiving future messages from Seekr, including any advertising or promotional messages sent by text, phone or email, you may do so by contacting us through our Help Center, and we will promptly cease sending any message.

 

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

Right not to receive discriminatory treatment by the business for the exercise of the privacy rights conferred by the CCPA.

 

Use of Seekr

 

Seekr is available via our website and web application portal. You may be required to sign up for an account, enter an email address and create a password. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not enter an email address that you don’t have the right to use, or enter another person’s email with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

 

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

 

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

 

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

 

Your use of the Services means that you represent, warrant, and agree that you will not, nor will you permit anyone else on your behalf to, contribute any Content (as defined above) or User Submission (as defined below) or otherwise use the Services or interact with the Services in a manner that:

 

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Seekr);
  • Violates any law or regulation;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Seekr account or anyone else’s (such as allowing someone else to log on as you on the Services);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure or violating related regulations, policies or procedures);
  • Uploads, transmits, or distributes any computer virus, worm, or any software intended to damage or alter a computer application or data;
  • “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content or Services and/or shares, posts or distributes any considerable part of the Content or Services elsewhere;
  • Harvests, collects, gathers or assembles information or data of or about users other than yourself;
  • Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
  • Evidences mental health services needs that exceed those provided in the Services.

 

A violation of any of the previous is grounds for termination of your right to use or access the Services without the need for further action by Seekr. Seekr is free to use any information You submit for the further development of the Seekr platform. We will not be using Your information/submission/data without your permission other than to improve Seekr Services. Seekr will fully cooperate with any law enforcement authority or court order related to use of the Services.

 

We Do Not Provide Medical Advice

 

While the Services may provide access to certain general medical information, the Services cannot and are not intended to provide medical advice. WE DO NOT PROVIDE MEDICAL DIAGNOSIS OR MEDICAL TREATMENT, DO NOT MAKE MEDICAL REFERRALS, DO NOT ISSUE PRESCRIPTIONS, AND HAVE NO AUTHORITY WHATSOEVER TO DO SO. We advise you to always seek the help of a physician or other qualified healthcare provider with any questions regarding your health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare providers because of something you have read on the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

 

You acknowledge that, although individuals in the medical profession may provide some of the Content that is made available through the Services (including information responsive to your questions or postings), the provision of such information does not create a medical professional-patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you in completing your self-help program.

 

No licensed medical professional-patient relationship is created by using the Services or accessing the Content, or through any information or other communications from us. THE CONTENT OF THE SERVICES IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of something you may have read on the site. You should always talk to your medical professionals for diagnosis and treatment. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL A MEDICAL PROFESSIONAL. Your use of information provided on the Services is solely at your own risk. Nothing stated, posted or available on the Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

 

Seekr Ownership

 

You understand that Seekr owns any and all right, title and interest, including all copyrights, patents, trademarks, and trade secrets and other intellectual property rights, in and to the Services, Content and all related components and features. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services, nor will you allow anyone else to do so on your behalf.

 

The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, host, rent, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Seekr's) rights.

 

Note: Seekr may provide links to videos or articles that were not created by us and for which we assume no ownership. Seekr does not take any responsibility for the accuracy of information or content therein, nor for any harm caused by that content.

The Services may allow you to copy or download specific Content; please remember that all the above restrictions apply even if such functionality exists.

 

If you improve, modify, revise, enhance, adapt, translate, or create any application, service, feature or product (collectively, “Improvements and Derivatives”) from any part of the Content or Services, Seekr shall own such Improvement or Derivative and any related rights exclusively. Seekr will also own any suggestion, idea, enhancement request, feedback, recommendation or other information (“Ideas”) provided by you or any other person relating to the Content or Services, and you hereby assign to Seekr any and all of your rights, title or interests in and to the Ideas, Improvements and Derivatives.

 

Licensing

 

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” You grant Seekr the license to display, perform, and distribute your User Submission for the sole purpose of making that User Submission accessible to you and providing the Services necessary to do so.

 

You agree that the licenses you grant have the potential for royalties (perpetual, are sublicensable, revocable, and potentially made available worldwide) that will be owned and controlled by you (once you obtain a data license).

 

Copyright Infringement

 

We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat alleged infringers at any time and for any reason.

 

Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated. Additionally, you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

 

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what measures you may take as a result of having been exposed to the Content, and you at this moment release us from all liability for you having acquired or not acquired Content through the Services.

 

Our Services and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of healthcare professionals. THE CONTENT AND THE SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. Persons accessing this information assume full responsibility for the use of the information. Seekr is not responsible or liable for any claim, loss, or damage arising from the use of the information.

 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

 

Third Party Links and Contacts

 

The Services may contain links or connections to third party websites or services that are not owned or controlled by Seekr. When you access third party websites or use third party services, you accept that there are risks in doing so and that Seekr is not responsible for such risks. When you leave the Services to visit any such third party website, we encourage you to read that website’s terms and conditions and privacy policy.

 

Seekr has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. Also, Seekr will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any liability arising from your use of any third party website or service.

 

Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with interaction with any of these third parties. You agree that Seekr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

 

If there is a dispute between You and any other participant on the Services, or with other users or any third party, you agree that Seekr is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Seekr, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

Change of Services

 

We are always trying to improve the Services and they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

 

Change of Terms

 

These Terms may need to change along with the Services as they evolve. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://www.theseekrproject.com/ website, and/or by sending you an email and/or by some other means.

 

If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

 

Costs

 

Seekr may or may not be offered to You as is a free application (“app”). However, even if it is initially made available at no cost to you, future versions of the app may require upgrading from free, basic features to premium features, which may require you to pay a subscription fee to access Seekr’s Services.

 

Termination of Use

 

You’re free to terminate use of the Services at any time, by contacting us through our Help Center. Seekr is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Seekr has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

 

Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you can retrieve any User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Seekr.

 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or reimburse us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

App Store and Play Store Legal Information

 

As we move into the larger marketplaces these Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), and the Android applications that will eventually be available via the Google, Inc. (“Google”) Play Store (the “Application”), but the following additional terms also apply to the Application:

 

Both you and Seekr acknowledge that the Terms are concluded between you and Seekr only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content;

 

The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;

 

You will only use the Application in connection with an Apple device that you own or control;

 

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

 

In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

 

You acknowledge and agree that Seekr, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;

You acknowledge and agree that in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Seekr, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

 

Both you and Seekr acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and

 

Both you and Seekr acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

 

Warranty, Indemnity, Assignments and Miscellaneous 

 

Warranty Disclaimer: Seekr does not make any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding the accuracy, completeness, correctness, timeliness or usefulness of any information (including individual data) suggestions or recommendations of services or products offered or purchased through the Services. Services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “AS IS” and without any warranty of any kind from Seekr or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific service or product).

 

The Services and Content are provided on an “as-is” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted, timely, secure or error-free, or free of infections or viruses, worms, trojan horses or other code that contains contaminating or destructive properties. If you are dissatisfied with the Services, Content, or related functions, your sole and exclusive remedy is to stop using them. Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

 

Limitation of liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Seekr be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Seekr in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control. You agree that regardless of any statute or law to the contrary, any claim arising in connection with your use of Services must be brought within one (1) year of the date the event giving rise to such action occurred, or be forever barred.

Some states and other jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

 

Indemnity: You agree to indemnify and hold Seekr, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

International Users and Non-US Residents. The Services are administered by Seekr from the United States. They are designed to comply with United States laws and regulations. If You access the Services from outside the United States or as a Non-US Resident, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Governing Law and Jury Trial Waiver: Any claim relating to the Services and use of the Services is governed by the laws of the State of California. By using the Services, you consent to personal jurisdiction in the federal and state courts located in the State of California, for any action arising out of or relating to the Services. EACH PARTY UNCONDITIONALLY WAIVES THE RIGHT TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal.

 

Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your services account, in any way (by operation of law or otherwise) without Seekr’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

Miscellaneous: You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the services, provided that Seekr may, in its sole discretion do any of the preceding on your behalf or for itself as it sees fit. No waiver of any right or provision of this Agreement shall be effective unless in writing and dated and signed by the party to be charged with waiver. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Seekr agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Seekr, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Seekr in any respect whatsoever. Except as expressly outlined in the section above regarding the eventual Apple and Google application, you and Seekr agree there are no third party beneficiaries intended under this Agreement.

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