Terms of Use
Last updated: 4 August, 2021
Welcome to the website (the "Website") owned and operated by Behavidence, Inc. ("we", "us", "our"). Behavidence was founded to help people with the management, monitoring and therapy of mental health conditions.
Please carefully read the following Terms of Use (the "Terms"). By using or accessing the Website, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Website in any way.
If you are under the age of 18 you may not use the Website in any way.
About the Website
Our Website includes the following content: • Sections presenting informative content about us, our team, and our Behavidence App (the "App"), as well as frequently asked questions about us, our work and our App. • Blog posts containing information and tips regarding our field of activity, written by our team members (the "Blog Posts" or "Posts"). • Research registration form through which you can join or register your child to our currently active research. All sections of the website are publicly accessible to all users visiting our Website ("Website Visitors").
Researches
To join our research, you must register through our designated online form. We will indicate the mandatory fields for completion. If you do not provide the required information in these fields, you will not be able to register. We will review your registration form and determine, in our discretion, whether we admit you to participate in the research. We are not obligated to admit you into any given research and may decline your admission into the research without informing you the reasons for our decision. In order for you (or your child) to be an active participant in our research, you will be required to download our App. You are not legally required to download our App, but you will not be able to participate in the research if you do not download the App. Please note that use of our App is subject to different terms of use and privacy policy.
Blog Posts
Our blog contains Posts from our team members, on various topics relating to our field of activity. The Posts are meant to assist you to have a better understanding of mental health conditions and our modus operandi. The Posts are merely informational, and you should read them at your own discretion. You may not, in any circumstance, consider them to be professional advice or to a substitute for professional guidance. Although we make efforts to provide accurate and reliable content, we will not be liable for any damage that may occur as a result of your reliance on the content of the Blog Posts.
Website Use and Restrictions
Subject to these Terms, you may access and view the content available on the Website. You are solely responsible for all acts and omissions associated with your access to and use of the Website. When using the Website, you must refrain from: • Violating any rules, guidelines or instructions that we may convey with respect to the Website; • Interfering with or disrupting the functionality of the Website; • Breaching the security of the Website or identifying any security vulnerabilities in it; • Circumventing or manipulating the operation or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented on the Website; • Sending automated or machine generated queries; • Using robots, crawlers and similar applications to scrape, harvest, collect or compile content from the Website; • Submitting false, inaccurate, deceptive or misleading content; • Displaying the Website or any part thereof in an exposed or concealed frame, or linking to content on the Website, independently from the manner in which they originally appear; • Impersonating any person or entity, or making any false statement pertaining to your identity; • Collecting or processing personal information about Website Visitors; • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing securities or privacy. You may not submit through the Website any content that: • May infringe rights of other parties, including patents, copyrights, trade secrets, trademarks, business confidentiality, a person's right to privacy or right of publicity; • May include software viruses, spyware or any other malicious applications; • May be prohibited by any applicable law, regulatory guidelines or court orders; or • May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable. WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE. WE MAY BLOCK YOUR ACCESS TO AND USE OF THE WEBSITE, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU ARE MISUSING THE WEBSITE.
Content
You are solely responsible for any and all content and materials you submit to us when contacting us through the contact form. By submitting materials to us, you give us permission to use, copy and share those materials, for the following purposes: • Managing the administrative and operational aspects of the Website. • Enforcing these Terms and our Privacy Policy, preventing misuse of the Website, complying with legal requirements, assisting competent authorities, and acting in case of a dispute involving you, with respect to the Website activities.
Your Privacy
We respect your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Website.
Intellectual Property
We and our licensors own all rights, title and interest in and to the Website and the Blog Posts, including copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith. You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Website or the Blog Posts, any part thereof or any other content on the Website, either by yourself or by a third party on your behalf, in any way or by any means. You may not use any name, mark, logo or domain name that is similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
Changes on the Website; Discontinuation
We may, at any time and without prior notice, change the layout, design, scope, features or availability of the Website. Such changes, by their nature, may cause inconvenience or even malfunctions. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM. We may, at any time and in our sole discretion, discontinue or terminate the operation of the Website, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the operation of the Website, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.
Changes to the Terms
From time to time, we may change the Terms. Your continued use of the Website after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will always be accessible on the Website.
Disclaimer of Warranty
THE WEBSITE IS PROVIDED FOR USE "AS IS" AND "WITH ALL FAULTS". WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR "STAFF") DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE BLOG POSTS AND ALL OTHER CONTENT AND MATERIALS POSTED ON THE WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR THE MATERIALS PRESENTED ON IT, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM YOUR RELIANCE ON THE CONTENT OR MATERIALS PRESENTED ON THE WEBSITE.
Governing Law & Dispute Resolution
Regardless of your place of residence or where you access or use the Website from, these Terms and your use of the Website will be exclusively governed by and construed in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than this of the state of New York. Any dispute, controversy or claim which may arise out of or in connection with these Terms or the Website, shall be submitted to the sole and exclusive jurisdiction and venue of the competent courts located in New York County in the State of New York.
General
Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and they supersede all prior and contemporaneous negotiations and oral representations, agreements and statements. These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms. Please note that the use of the Behavidence App is subject to different terms of use and privacy policy. When using the App, you are solely responsible for reading, understanding and adhering to the App's terms of use and privacy policy. You may not assign or transfer your rights and obligations under the Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void. Notwithstanding the provisions of applicable law, we may assign these Terms in their entirety, including all rights, duties, liabilities, performance and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Contact Us
You may contact us with any questions or comments, at: support@behavidence.com. If at any point you wish your anonymized data to be removed from our servers please send a request to: support@behavidence.com and we will remove it immediately.