Terms of Service
Hedonia Ltd. ("Hedonia", "us", "our", or "we"), a company incorporated in the State of Israel with Company No. 516429586, has developed a mobile gaming solution aimed at improving symptoms of depression and anxiety, available to you through Hedonia's mobile application ("App"). These Terms of Service ("Terms") govern your access and use of the App and services available in connection with it, such as questionnaires ("Services"). Our Privacy Notice, available at [privacy.html] ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means an individual using the App or Services. Please read these Terms carefully. By clicking on the button marked "I agree" you assent to these Terms. We may change these Terms from time to time and by continuing to use the Services following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Services.
Please consult a physician before use of the App or Services. Use of the App and Services thereon in no way constitute health, medical or other professional treatment and do not replace any treatment or advice to be provided healthcare professionals. Do not disregard, avoid or delay obtaining medical or psychological advice from a qualified professional due to usage of the App.
Use of Services
- Subject to these Terms, Hedonia allows you to access and use the App and Services on a non-exclusive basis for your own purposes or as part of treatment you may be undergoing. To the extent you are using the App and Services in the context of treatment you are undergoing in a healthcare setting, additional terms may govern your use of the App and Service, as agreed with the relevant healthcare provider and, those terms will govern to the extent they conflict with these Terms.
- Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old, and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the App and Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited.
- To register to use the App, you must provide all registration information that we request. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.
- If you have completed a questionnaire as part of the process of registration for the
- App, we may request that you complete an additional questionnaire over the course of your usage of the App and Services.
- Subject to applicable law, Hedonia may refuse to open an account for any individual at its sole discretion.
- You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Hedonia will not be liable for any losses or damage arising from unauthorized use of your account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
Termination of Account
- Unless set forth otherwise under the terms of an arrangement between us and an applicable hospital or healthcare provided, Hedonia may suspend or terminate your account at any time by providing three (3) days' prior notice. In addition, Hedonia may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events: (i) violation of the letter or spirit of these Terms or (ii) behavior that is fraudulent, illegal, or harmful to other users, third parties, or the business interests of Hedonia. If your account is terminated, you may not rejoin Hedonia without permission. Hedonia may modify or discontinue the Services for all users at any time. Upon termination of your account, you shall not have any further access to any content or materials that may be available through your account.
- We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
- You may request termination of your account at any time by sending an email to firstname.lastname@example.org. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability), which by their sense and context are intended to survive such suspension or termination.
- Fees. The App and Services are currently offered as part of a paid subscription plan. We reserve the right to charge for use of the App or various features in the future and will provide notice of any such change.
- Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, videos, or articles, and any modifications or derivatives of the foregoing.
- HEDONIA DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. HEDONIA DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO HEDONIA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
- Hedonia allows you and other users to provide certain types of content through the Services, in user forums or otherwise, including images, comments, answers to questionnaires feedback, and any modifications or derivatives of the foregoing ("User Content").
- User Content comes from a variety of sources. You understand that Hedonia is not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to the User Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
- Hedonia DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH USER CONTENT. HEDONIA DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO HEDONIA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
- Hedonia analyzes use of the App and Services, along with User Content, to determine if user’s mood changes and/or improves following use of the App and Services, for its own commercial and internal purposes and in order to understand how the Services can be improved and in order to develop new features or Services.
User Content Restrictions
- Hedonia has no obligation to accept, display, or maintain any User Content. Moreover, Hedonia reserves the right to remove and permanently delete any User Content uploaded by you without notice if such User Content is suspected to be infringing or in the event of termination of the applicable account. You are and shall remain fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide complies with applicable law and that you have all necessary rights, licenses, consents, and authorities required to provide such User Content. Any User Content provided through the Services in public forums shall not be considered confidential and may be disseminated by Hedonia without compensation to you.
Without limiting the above, you agree that you will not transmit, submit or upload any User Content or act in any way that:
- restricts or inhibits use of the Services;
- violates the legal rights of others, including defaming, abuse, stalking or threatening users or individuals;
- infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;
- is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
- does not comply with all applicable laws, rules and regulations;
posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following
or to locations that in turn contain links to the following:
- material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity),
- material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening,
- pornography or obscene material,
- any virus, worm, trojan horse, or other harmful or disruptive component;
- anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
- Hedonia may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Hedonia reserves the right to treat User Content as content stored at the direction of users for which Hedonia will not exercise editorial control except when violations are directly brought to Hedonia's attention.
- It is possible for others to obtain Personal Data about you due to your use of the App, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use information you provided through such User Content (such as your contact details, location or description of an entity you represent) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose on the App or through any User Content by any user or any third party. By making any information available through the App you acknowledge that you understand and have agreed to such risks.
- Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the App or Services without our prior written authorization, including framing or mirroring any part of the App or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any User Content or other content available through the App or Services; (3) use the App or Services or content thereon in connection with any personal or commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App or Services; (5) use or access another user's account without permission; (6) use the App or Services or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.
- Hedonia or its licensors, as the case may be, have all right, title, and interest in the App, Services, and any content thereon (excluding User Content), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the App or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the App and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the App should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Hedonia or any third party. If you provide Hedonia with any feedback regarding the App and/or Services, Hedonia may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
- You have all right, title, and interest in the User Content you provide. By submitting or posting any User Content, you grant Hedonia the right to use, copy, prepare derivative works of and/or alter such User Content on, through or in connection with the Services.
- Hedonia's policy is not to infringe upon or violate the intellectual property rights or other rights of any third party. Hedonia will refuse to use and remove any User Content provided that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 ("DMCA"), Hedonia will remove any User Content if properly notified that such material infringes third party rights and may do so at its sole discretion and at any time, without prior notice to users. Hedonia's policy is to terminate the accounts of repeat infringers in appropriate circumstances.
- You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
- If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that we remove or block access to it. If you believe that such a notice has been wrongly filed against you, the DMCA allows you to send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest consulting with your legal advisor before filing a notice or counter-notice. Note that there can be substantial penalties for false claims. Notices and counternotices can be sent to us at email@example.com.
Disclaimers and Disclaimer of Warranty
- All information and content on the App is for informational purposes only and Hedonia provides no guarantees with respect thereto. Your use of the App and/or Services is at your sole discretion and risk. The Services and content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs. We do not represent or warrant that App or Services will be useful for your needs or that any specific health outcomes will be achieved.
- WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE APP AND/OR SERVICES; (II) THAT THE APP OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.
- No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
- Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the Services. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Hedonia, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
- IN NO EVENT SHALL HEDONIA, ITS OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER HEDONIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED US$50.
- Indemnification. You agree to indemnify, defend, and hold harmless Hedonia and its employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the App or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.
- Notices. Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.
- Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Hedonia or enables you to act on behalf of Hedonia. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.