Terms and conditions of use
This policy is drafted in English. If there is a conflict between a translated version and the English version of these terms then, to the extent permitted under applicable law, the English version shall prevail.
1. Definitions. Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted in the United Kingdom.
5. Account Types. We designate various types of Accounts (each, an “Account”) that provide different functionality to different users of the Platform;
a. A “Trial Account” allows you limited access to view and download your Content (as defined below) through an Account for a period of one month;
b. A “User Account” allows only you greater access to view and download your Content and to additional features and functions including the ability to create a second user Account.
c. A “Clinic Account” allows unlimited Accounts on the Platform and for a Therapist belonging to a clinic to access your account and your content for the purpose of providing treatment.
d. A “Research Account” allows unlimited Accounts on the Platform and for a Researcher to access your account and your content for the purpose of their research.
6. Account Registration; Account Settings; Passwords.
a. Age Restrictions. You may not create an Account unless you are 18 years of age or older. If You are a parent or guardian of a child under 18, then you may create an Account and allow Your child to access that Account and the Services under your direct supervision. You will be solely responsible for all access to and use of the Services and that Account by Your child.
b. Your Account Information. By creating an Account on the Platform, you represent to us that:
b(i) you meet any age restrictions for the Platform, and
b(ii) the information you have provided on your registration (“Account Information”) is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Platform to keep it true, accurate, current and complete.
c. Passwords. You are responsible for maintaining the confidentiality of your password and you are not permitted to share or disclose your password to anyone else. You will be solely responsible for the activities of anyone accessing the Platform using any password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Platform, and notify us at firstname.lastname@example.org.
d. Passwords for Therapists and Researchers. If your Account is designated to a clinic or research account, the Therapist or Researcher to whom your Account is linked will have access to your Account, to view or modify the Content in your Account.
7. Payment; Termination by You.
a. You are required to pay the charges set out in the order confirmation to use our Products and Services on our Platform but you can terminate your contract with us in accordance with our Terms of Sale.
8. Term; Termination by Gripable.
b. Termination by Us. We reserve the right to disable your password and terminate your access to your Account regardless of the type of Account you have if:
b(ii) for a Trial Account, for any reason or no reason. If we do so, we may also choose to delete your Account Information or remove User Content you have posted or uploaded to the Platform or your Account. We will not provide any refund if your Account is terminated under this Section; or
b(iii) chosen not to renew your Software License Agreement.
d. Termination by You. If you notify us that you wish to terminate your Account, regardless of the type of Account you have, we will promptly take such action as is necessary to terminate your Account. Upon such termination, we may also choose to delete your Account Information or remove your Content. We will not provide any refund if your Account is terminated under this Section.
e. Other Termination or Modification. In addition to the termination rights above, we have the right to terminate the Services at any time or to modify or change the Services to eliminate any or all of the Services.
9. No Medical Advice.
THE CONTENT WE PROVIDE THROUGH THE PLATFORM, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 999 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS Platform, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. GRIPABLE IS NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER.
b. Prohibited Content. You may not post Content on or through the Platform that:
b(i) is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b(ii) harasses or advocates harassment of another person;
b(iii) exploits people in a sexual or violent manner;
b(iv) contains nudity, violence, or offensive subject matter;
b(v) provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself;
b(vi) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
b(vii) violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
b(viii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”;
b(ix)contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
b(x) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
b(xi) solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
b(xii) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
b(xiii) includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.
c. Responsibility for User Content. You are responsible for all User Content you post to your Account and the Platform and for adjusting the Account settings that permit you to display your Content on the Platform, where applicable. Posting Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using pages of the Platform on which users may post User Content, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the Platform.
e. Ownership of Your Content. We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, and the rights of Therapists and Researchers, if applicable, you own and will retain any and all intellectual property rights that you may have in your Content.
g. We reserve the right to share aggregated anonymous information (i.e. information from which you cannot be personally identified), or insights based on such anonymous information, to selected third parties for any purpose for example when publishing normative data sets. In such circumstances we do not disclose any information which can identify you personally.
h. Special Notice to Clinic and Research Accounts. If you have a Clinic or Research Account, then the Therapist or Researcher linked with your Account has the right to access, view, modify, add, and delete your Content and the rights you grant to us include the right to allow the Therapist or Researcher with whom your Account is linked a license to copy, modify, view, add and delete your Content.
i. Your Warranties Regarding Your Content. By posting your Content via the Platform, you represent and warrant that you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and the posting of your Content on or through the Platform does not violate the intellectual property right, privacy rights, publicity rights, or any other rights of any third party.
12. Ownership of Platform and Content.
a. Content. The Platform and Content we and others provide are protected under applicable intellectual property laws. In addition, and while you retain ownership of your User Content, we own the copyright in the selection, coordination, and arrangement of the User Content on the Platform.
d. Software. Unless otherwise expressly stated in a license or other agreement separate from this Agreement that You may have entered into (or may enter into) with us relating to any software, code, or APIs available on or accessible through the Platform or Services (collectively, “Software”) (each such license or other agreement, a “Software License Agreement”), we grant you a personal, limited, non-exclusive right and license to download, install, and execute the Software in accordance with any instructions we provide to you, solely for your own business purposes in connection with your access to and use of the Platform and Services. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software or any intellectual property rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without our prior written permission. Except as set forth in this Agreement, any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement. At our discretion, We may make available future updates to Software, if any, which may not necessarily include all existing software features or new features that we release for newer or other Products and our Platform.
e. Platform Restrictions. You acknowledge that the Services, Platform, Software, and all other databases, software, hardware and other technology used to provide the Services and operate the Platform (collectively, our “Technology”) and their structure, organization, and underlying data, information and source code constitute our valuable trade secrets. You will not, and will not permit any third party to:
e(ii) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology;
e(iii) use automated scripts to collect information from or otherwise interact with the Technology;
e(iv) alter, modify, reproduce, create derivative works of the Technology;
e(v) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use the Technology, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Technology, or access thereto, available to any third party;
e(vi) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Technology;
e(vii) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology;
e(viii) use the Technology for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; or
e(ix) interfere in any manner with the operation or hosting of the Technology, or attempt to gain unauthorized access to the Technology.
13. Copyright Infringement.
a. Claims of Copyright Infringement. If you have reason to believe any part of the Content of the Platform infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Platform by any user who is alleged to have posted infringing materials or a link to infringing materials on the Platform and to immediately remove or disable the allegedly infringing Content or link.
b. Notice of Claim of Copyright Infringement. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (1) any Content displayed on the Platform infringes your copyright or (2) any link posted on the Platform links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
b(i) a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
b(ii) a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Platform; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
b(iii) a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
b(iv) a statement that all of the information you have provided is accurate; and
b(v) a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
c. Your Notice. Your notice must be signed (physically or electronically) and must be addressed as follows: email@example.com
a. Ownership of Trademarks. The trademarks and service marks used or displayed on the Platform (“Trademarks”) are registered and unregistered trademarks of Gripable and its licensors or affiliates. Your access to the Platform does not constitute a license to use any Trademarks and you may not use any Trademarks displayed on the Platform without the prior express written permission of Gripable or the trademark owner.
15. Links to the Platform and RSS Feeds
a. We grant you permission to create hyperlinks to the home page of public pages within the Platform, provided that the hyperlink accurately describes the content as it appears on the applicable page of the Platform. You are further granted a right to implement the RSS feeds located on the Platform at www.gripable.co for your personal, non-commercial use, solely as described on the Platform. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause. If you wish to obtain a license to use, distribute, or otherwise feature our RSS feeds for commercial purposes, please contact us at firstname.lastname@example.org and request a license for commercial use. Under no circumstances may you “frame” the Platform or any of its Content or copy portions of the Platform to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of the Platform is accessed from a link (including RSS feeds) featured on your web Platform, each page within the Platform must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within the Platform. If you wish to link to any Platform other than as described herein, you must execute a separate agreement with Gripable.
16. Third Party Platforms.
a. The Platform may contain links to websites operated by other entities. If you decide to visit any linked Platform, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
17. Warranties; Disclaimer.
a. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GRIPABLE HEREBY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE THROUGH THE Platform, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY ACTION BY A THERAPIST OR RESEARCHER RELATING TO YOUR USE OF THE PLATFORM. YOU WILL NOT ASSERT ANY CLAIMS THAT YOU MAY HAVE AGAINST A SPONSOR OR A COACH AGAINST GRIPABLE.
18. Limitation of Liability.
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OURSELVES AND OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY 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 GRIPABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND THE Platform, OR OTHERWISE RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR THE Platform; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Platform; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Platform; OR (5) ANY OTHER MATTER RELATING TO THE Platform. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
20. Compliance with Laws.
You agree to use the Platform in compliance with all applicable laws.
d. Lawyers fees. If any party hereto will bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.
f. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof will not be deemed a waiver of such terms, covenants and conditions, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver will be valid unless in writing and signed by an authorized officer of Gripable.